I-130 Process: K3 or Different Route?

[domthegreat 1]

I recently got married to my wife in Argentina. She is from Argentina, and we were married here. We are planning on living in the US and as such have started the application process.

From what I have read it looks like the best way to go is the I-130 form, and then get a K3 to bring her to the States to hang out.

I am looking for general advice here on the best way to go. She already has a tourist visa in her Spanish Passport (duel citizen) so she can enter when she needs. We need to go to the US this summer for 3 months for my work so we will likely just be going on her tourist visa and then leaving to return here afterwards. What would be the best way to go in my situation?

Side Questions:

When submitting I-130 I am using a copy of my passport since I do not have my birth certificate on hand here in Argentina. Do I need only the first page or all of the pages photocopied?

Is there any advantage to have her apply as being Spanish instead of being Argentine?

Thanks in advance for the help!

[oohpartiv 484]

First of all, please be aware that the K3 is an obsolete visa. It was used before because CR-1/IR-1 visa took much longer to process, but nowadays the processing times are right about the same. Even if your K3 petition were to get approved at USCIS, or by some miracle made it through NVC (which is unlikely), they would close it at the embassy after seeing an I-130 petition had been approved for the same beneficiary. Filing an I-129f is actually thought to slow down the I-130 processing. I would advise against it.

If she's living in Argentina, have her file as Argentinian. She'll be asked to list any dual citizenship anyway, if I'm not mistaken. You only need to copy the biographical information page of your passport to prove citizenship. Also, your wife can go visit the US this summer, but please note that she'll have to come back afterwards, and she might have some trouble convincing the POE officer to let her in at the airport. She'll have to take proof of strong ties to her home country and proof she'll be leaving after her visit.

Edited April 11, 2013 by oohpartiv

[NikLR 13,227]

K3 is obsolete and rarely given out anymore. It requires an I-129f to be filed after the notice of action (noa1) letter is received for the I-130. Its the USCIS's policy to adjudicate the petitions together. This has been messed up a little lately but essentially if the i-129f makes it the NVC at the same time or after the I-130, the NVC administratively closes the I-129f and you continue only on the CR1 visa path. A consulate or embassy may also close the I-129f if there is an approved I-130 on file.

The CR1 is the superior visa. It grants a green card immediately at POE (point of entry) and you can have an SSN within a few weeks. Meanwhile the k3 requires adjustment of status, advance parole and work authorization. It takes just as long to get, but longer to become a legal permanent resident.

For your questions - photocopy your entire passport. You should write down her dual citizenship on her paperwork. It will be a while before the NVC stage where she does the visa application, and finally the interview where she could be approved or denied the visa. I'm not sure if there is an advantage to using one passport or the other.

[domthegreat 1]

Firstly, thank to both of your for your comments. They are both very detailed and full of very helpful insight. I have a few followups:

I am not super worried about her having trouble coming in again as she uses her Spanish passport when she enters the US. I also checked with the embassy here if the whole idea was ok and they said it was fine as long as she doesn't violate her tourist visa (by staying). I know they do not have the final say but we just recently went to the US and we had no problems.

Does anyone have an idea of how long this process will take now? Once we get our NOA2 how long does it take to get scheduled for an interview and all of that?

[NikLR 13,227]

It depends on the country and embassy. You can get through NVC in about a month or so and how long it takes for an interview is very dependant on when your embassy/consulate has available interview dates.

[Darnell 8,478]

I-130 Process: K3 or Different Route?

I suggest different route: CR-1 visa.

Good Luck !