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Posted

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” page.

:wow:

Is this true and does it work?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

It WAS true, but the K-3 has basically become nonexist in the past several months, and USCIS no longer approves these petitions. You can get it a try, but it's very unlikely it would ever come to anything.

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Posted

good.gif

The way I understand it is that the I-130 had, in the past, taken a LOT longer than it does now, so while you waited you could apply for a k-3. The k-3 visa still takes months to process, but was faster than the year+ wait for the I-130. Currently, the I-130 is processed in a similar timeframe to the K-3, so although the K-3 is still "a thing" it no longer really applies because it takes as long as the actual I-130. At least this is my laymen's understanding of it, and one of the reasons we chose the K-1 visa

FILE FOR K-1 Adjustment of Status Removal of Conditions

January 31.2010 - Met Online April 10, 2014 - Mailed in I-485 + I-765 March 19, 2016 - Mailed I-751 to CSC

February 20, 2011 - Met in Person April 14, 2014 - Forms arrived at Chicago Lockbox March 23, 2016 - I-751 arrived at CSC

July 28, 2012 - Engaged April 17, 2014 - Acceptance email arrived stating case forwarded to NBC March 23, 2016 - NOA1 Date (received March 28)

February 5, 2013 - Mailed I-129F to Lewisville, TX April 27, 2014 - Received letter for Biometrics appointment April 20, 2016 - Biometrics scheduled (incomplete due to dry cracked skin)

February 6, 2013 - USPS Receipt/Delivered I-129F April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD May 13, 2016 - Walk in Biometrics Completed

February 8, 2013 - NOA1 Notice Date May 12, 2014 - Biometrics Appointment Done September 27, 2016 - ROC Approved (Checked status via website w/receipt #)

February 11, 2013 - Bank shows check cashed today May 15, 2014 - Interview Schedule Letter (received May 17, 2014) October 6, 2016 - Card Arrived

February 11, 2013 - E-Mail Notification of Case Acceptance and June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.

Case Number (Routed to California Service Center) June 11, 2014 - USCIS Status updated to show Greencard in the mail

February 12, 2013 - E Mail Notification of Alien Registration Number Change w/USPS tracking showing it scheduled to arrive

February 15, 2013 - Hard Copy NOA1 received June 14, 2014

June 5, 2013 - Email notice of RFE June 13, 2014 - GreenCard arrived

June 6, 2013 - RFE postmarked

June 10, 2013 - RFE arrived in the mail

June 11, 2013 - RFE mailed back Express USPS

June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this

June 20, 2013 - I-129F Approved

June 24, 2013 - NOA2 Hard Copy Received

June 28, 2013 - NVC Assigned Case Number

July 2, 2013 - NVC shipped case to London

July 9, 2013 - London Received Case File

July 13, 2013 - Packet 3 Instructions Received

July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)

July 30, 2013 - DS-2001 sent (arrived July 31)

July 30, 2013 - Medical Scheduled (and completed w/no issues)

August 5th - Medical Results Logged in

August 8th - DS-2001 Logged in

August 20, 2013 - Interview Date Set

September 17, 2013 - Interview at 8:00 a.m. (APPROVED)

Waiting for VISA...

September 25, 2013 - Visa Delivered

October 8, 2013 - POE Las Vegas, NV

October 11, 2013 - Married

October 13th - HOME

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

and USCIS no longer approves these petitions.

While the overall point of your post is correct, the statement I quoted above is not an accruate statement. USCIS does in fact still approve I-129F petitions that were filed to start the K3 process (they usually do so along with the I-130 that was filed first {provided the two are on hand}). Furthermore, if you were to call the USCIS (mis)information, you would be told the K3 is still a viable option.

It's the NVC (a State Department agency) that administratively closes the K3 when they have an approved I-130 petition on-station. USCIS has nothing to do with this.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

While the overall point of your post is correct, the statement I quoted above is not an accruate statement. USCIS does in fact still approve I-129F petitions that were filed to start the K3 process (they usually do so along with the I-130 that was filed first {provided the two are on hand}). Furthermore, if you were to call the USCIS (mis)information, you would be told the K3 is still a viable option.

It's the NVC (a State Department agency) that administratively closes the K3 when they have an approved I-130 petition on-station. USCIS has nothing to do with this.

good.gif Thanks for the correction!

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

Posted

Yes i called them and they said there still taking these forums.

Now if i send this 129f

Do i have to send allthe passport pictures and all the affidavites and what not that i sent with my 1-130?

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

plan on sending everything you sent with the I-130, with the I-129F.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Posted

Yes i called them and they said there still taking these forums.

Now if i send this 129f

Do i have to send allthe passport pictures and all the affidavites and what not that i sent with my 1-130?

Of course the USCIS takes the forms. It's the NVC who closes the I-129F when it reaches them. You will continue with the CR1 path because the K3 path will be closed.

Waste your time if you choose.

Yes send it all, again.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Of course the USCIS takes the forms. It's the NVC who closes the I-129F when it reaches them. You will continue with the CR1 path because the K3 path will be closed.

Waste your time if you choose.

Yes send it all, again.

good.gif Basically what I was trying to say in the first post.

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Yep I know. LOL

Maybe we need a beat stick with the info? LOL

rofl.gif

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

Posted

hey i dont think i need to send the affidavite of bonified marriage.

btw i know yall say its usless but im still gonna try. ill try anything for my wife to get here faster!

Whats the point of coming here, asking questions and then not following everyone's advice and doing your own thing ? this seems to be a tend with all your posts.

Just do your own thing and dont bother asking in the first place!

Posted (edited)

Whats the point of coming here, asking questions and then not following everyone's advice and doing your own thing ? this seems to be a tend with all your posts.

Just do your own thing and dont bother asking in the first place!

I do follow peoples advice.. My question was to clarify if this is still in use and if anybody has tried this before. Its worth trying. Its free and doesnt cost extra money..

Your telling me what to do by telling me dont ask in the first place. If you got no answers to my question and just reply to my topics with nonsense then do you own thing and fall back.

:ot2:

BTW thanks to the people who answered my question.

I really appreciate it.

Edited by Rahstyles
 
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