Advice on this topic K3

[cocolucho 35]

Sorry, my bad!

Having read up on it the K-3 process seems to be hedging your bets if you are married already? It's submitting an I-129F and I-130 and hoping one of them gets to the NVC before the other? Please correct me if I am wrong.

With IR-1/CR-1s now taking over a year, the K-3 might be a good idea if you are lucky to get your I-129F quick through a decent service center like CSC.

You are right, it is taking way too long now than previous years.... I actually thought about it and that is why I submitted a I-129F for my wife and it was granted last year.

The downside is you still need to adjust once in the US but that is done with your Spouse, not on the other side of the world.

Once again, it seems K-3 has a reason for being because spousal visas are not going super quick.

It does. About 10 members received one last year. One from Canada who interviewed in Vancouver. At least 2 were "upgraded" at the embassy or consulate and still had to submit the DS-260 and AOS before interview.

But only in a very rare case is it worth the extra money and effort.

Yeah, I was actually one of them (K3/K4 visas) from Peru :-)

I still see http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visasas a valid thing and i read that K3 doesn't work any more. If I get married and do the K3, why wouldn't it work if they still have it and you can apply for it?

I think this is a personal choice. If there is a possibility that you can reunite with your love one faster, why not try it. I did it and I was fortunate that my approved I-129F made it to NVC before the approved I-130 and I was able to have my wife and daughter by my side in 9 months.

I know I spent more money here doing AOS for them after they arrived, but it was well worth the money that we spent specially after we saw and kept reading that people were getting stuck at the NVC stage during the AOS process for several months (2 to 4 months more or less....)

Now, there is also a couple of things you need to consider if your spouse is granted a K3:

1. If your spouse wants to start working after arrival, it wont happened with a k3 visa

2. Also no social security will be available until you file for AOS and after being able to obtain EAD which takes about 3 months to get.

3. Many states will not allow you to get a driver's license without a SSN, you may be able to drive for up to a month with an international DL, but depends on the state.

4. Your spouse may not be able to open a bank account or be added to an existing account with your spouse if no SSN is available (some banks have some rules where you are required a SSN) or the spouse may be asked to file additional papers in order to be added to the account and will need to update your bank account information once your spouse obtains a SSN.

5. One good thing is your spouse does not need a AP (advance parole) to travel since the k3 visa will allow the spouse to re enter the States multiple times for up to two years until you do get a green card :-)

With a K3 you have to do AOS and you will be granted a green card after passing the interview in a local USCIS office or after receiving an interview waiver letter (with waiver letter can take from 6 months to a year more or less).

I was fortunate that my wife and daughter were able to get their green cards after an interview and it was within 3 months after filing for AOS here in the States.

Many people who filed for AOS with me in December kept getting the dreaded interview waiver letter :-(

The option to file a I-129F petition for a spouse is still there, but as many have said it is rarely granted...

Good luck and wish you the best!

Edited April 23, 2015 by cocolucho