need help with k3 visa processing time

[monaia99 0]

hey guys I have married on September 2015 and I applied for k3 visa on January 2016 it took like 6 month in USCIS processing time then they told us intent to deny because in the time i married my wife i was married to my ex wife even i sent them the divorce paper of my ex wife with my papers but they told us in the time i married to my new wife the ex wife still with me so they denied it and i divorce my new wife and remarry her again and send our new papers back on october 2016 and untill now no answer from uscis how long do u think guys it will take so they will give us uscis their answer because now is the second time we apply and do u think guys they will deny again ?

[Rc123rc 528]

K-3 is obsolete pretty much. You should have filed a CR-1. The question is, you filed documents that said you were divorced. Was the divorce not finalized? It's a little unclear. If you were divorced and your ex-wife was still living with you then you weren't divorced even though you had a document. Divorced means divorced and you needed to be living apart.

[monaia99 0]

K-3 is obsolete pretty much. You should have filed a CR-1. The question is, you filed documents that said you were divorced. Was the divorce not finalized? It's a little unclear. If you were divorced and your ex-wife was still living with you then you weren't divorced even though you had a document. Divorced means divorced and you needed to be living apart.

I already divorce from long time and in the first time i sent uscis i had already divorce my ex wife

iam talking now about the new caze not the old one

Edited December 6, 2016 by Ryan H
Reason for edit: to remove double post.

[NikLR 13,220]

Doesn't matter. New case, K3 is obsolete and rarely granted. Like less than 1% of all spousal visas are K3 visas.

Processing time is the same as a CR1/IR1, about 1 year total with half of that approximately at the USCIS.

[monaia99 0]

Doesn't matter. New case, K3 is obsolete and rarely granted. Like less than 1% of all spousal visas are K3 visas.

Processing time is the same as a CR1/IR1, about 1 year total with half of that approximately at the USCIS.

then i mean cr1 visa how long it takes ?

[NikLR 13,220]

then i mean cr1 visa how long it takes ?

Doesn't matter. New case, K3 is obsolete and rarely granted. Like less than 1% of all spousal visas are K3 visas.

Processing time is the same as a CR1/IR1, about 1 year total with half of that approximately at the USCIS.

[monaia99 0]

Doesn't matter. New case, K3 is obsolete and rarely granted. Like less than 1% of all spousal visas are K3 visas.

Processing time is the same as a CR1/IR1, about 1 year total with half of that approximately at the USCIS.

then iam talking about CR1 VISA if i reply for uscis it takes the as long as anew one or shorter ?

[NikLR 13,220]

then iam talking about CR1 VISA if i reply for uscis it takes the as long as anew one or shorter ?

Doesn't matter. New case, K3 is obsolete and rarely granted. Like less than 1% of all spousal visas are K3 visas.

Processing time is the same as a CR1/IR1, about 1 year total with half of that approximately at the USCIS.

I've answered your question EACH time you've asked.

[Penguin_ie 5,986]

***** Moving from K3 to CR-1 forum as that is the visa Op is going for ****

The process won't be any faster the second time around. While the process takes a year or more, you should get an initial notice of receipt (NOA1) after 2-3 weeks after sending off your paperwork.

The concern, and why other members asked about the first case, is that unless you resolved the reason the first case was denied, you will be denied again. So if you were not completely divorced yet the first time, but are now- no problem. But if you were completely divorced and USCIS simply didn't believe you were (perhaps because you still lived in the same home as your ex?), then you may be denied again because nothing changed.

[monaia99 0]

***** Moving from K3 to CR-1 forum as that is the visa Op is going for ****

The process won't be any faster the second time around. While the process takes a year or more, you should get an initial notice of receipt (NOA1) after 2-3 weeks after sending off your paperwork.

The concern, and why other members asked about the first case, is that unless you resolved the reason the first case was denied, you will be denied again. So if you were not completely divorced yet the first time, but are now- no problem. But if you were completely divorced and USCIS simply didn't believe you were (perhaps because you still lived in the same home as your ex?), then you may be denied again because nothing changed.

no iam completely divorce even before the first time i apply but the mistake is when we got married i was in process of divorce with my ex but before i sent the first time to uscis i was completely divorce

[NikLR 13,220]

So you weren't completely divorced the first time, just in the process of. That is a big difference. I wish you the best with your new petition!

[Thegirl 224]

You'll still have to wait on average 5 months for USCIS to approve the petition. You will be denied if your divorce was not final before the date you married your wife.

[Cathi 5,618]

even if the k-3 were a viable option(which it isn't) you have to apply for a cr-1 BEFORE you apply for a k-3. I suggest you read the guides at the top of the page.

Edited December 6, 2016 by mimolicious

[san diego 407]

If I understand correctly, just to clarify. Let us know if this is correct:

1) You separated from your first wife.

2) You filed for divorce

3) You married to the US citizen wife after filing for divorce but BEFORE divorce was finalized legally.

Is this correct? If yes, in the eyes of USCIS you are NOT legally divorced and were not able to legally marry the 2nd time. If this is true, your 2nd marriage is illegal. I am not sure how to get out of this mess. Hire the lawyer.

[Beth & Achraf 328]

no iam completely divorce even before the first time i apply but the mistake is when we got married i was in process of divorce with my ex but before i sent the first time to uscis i was completely divorceid you have a Revocable divorce from your first wife?

So you married your new wife before divorce was final with your first wife?