I-130 to K3 Visa

[Luttrellstown 0]

I have petitioned for a spousal visa. I am an American citizen and my wife is Irish. I filed to I130 and got a receipt. Nebraska service centre being used. 

My wife has a B1/B2 visa. Our daughter is living in Arizona and I have retired. Can we enter the USA with the B1/B2 visa and then change my wife's status so we can

go through interviews, etc in The USA?

Thank you

[EmilyW 1,450]

No, that is fraud.  She cannot enter the US using a tourist visa with the intention of adjusting status.

[Hypnos 6,576]

No. 

[millefleur 5,047]

No, that would be visa fraud. You cannot enter the US on a visitor visa with the intent to adjust status and immigrate.

 

She can visit during the I-130/spouse visa process however. She just might get extra scrutiny at the port of entry. And obviously she has to return back after the visitation period is up.

Edited May 30, 2017 by millefleur

[Luttrellstown 0]

11 minutes ago, Hypnos said:

No. 

I have petitioned for a spousal visa. I am an American citizen and my wife is Irish. I filed to I130 and got a receipt. Nebraska service centre being used. How about filing a form I-129F so she can get a K-3 visa so we can go through interviews, etc in The USA?

Thank you

Edited May 30, 2017 by Luttrellstown

[Hypnos 6,576]

K-3s are very rarely granted now. 

 

They were a holdover from when CR-1 visas used to take much longer to process. Now they only take a year or so, and so any I-129F you file seeking a K-3 are usually administratively closed in favour of the I-130.

Edited May 30, 2017 by Hypnos

[Luttrellstown 0]

 

I have petitioned for a spousal visa. I am an American citizen and my wife is Irish. I filed to I130 and got a receipt. Nebraska service centre being used. How about filing a form I-129F so she can get a K-3 visa so we can go through interviews, etc in The USA?

Thank you

[millefleur 5,047]

1 minute ago, Luttrellstown said:

How about filing a form I-129F so she can get a K-3 visa?

K-3's are obsolete now and are rarely issued anymore. Most of the time people who submit K-3 applications end up having their cases switched over and processed as a CR-1/IR-1 spouse visa.

 

 

She has a B-1, correct? That's already pretty convenient. She can visit you for an extended period while waiting for the I-130/spouse visa.

 

[Ben&Zian 4,398]

K-3 is almost obsolete. I suppose you could; but interviews are not done within the US. They are done at the country of the beneficiary.

 

Now, while the petition is processing your wife can visit and stay with you in the US; but must return to complete the medical/interview and such back in home country, or the embassy listed in the petitions.

[Penguin_ie 5,994]

The K3 is obsolete; it was used when the CR-1 took several years, but both visas now take about the same time- 12 to 14 months-, even in the rare case you can get the K3 (it is usually administratively closed at NVC stage).   As mentioned above, for both visas you do the interview and medical abroad; with the K3 you have additional paperwork (and potentially an additional interview) in the USA later; you are lucky in that your wife can use the VWP to visit you for up to 90 days, but she cannot live in the USA or work until she has that visa.

[geowrian 22,337]

No, that's clear fraud.

 

34 minutes ago, Luttrellstown said:

I have petitioned for a spousal visa. I am an American citizen and my wife is Irish. I filed to I130 and got a receipt. Nebraska service centre being used. How about filing a form I-129F so she can get a K-3 visa so we can go through interviews, etc in The USA?

There is an extremely small chance that the I-129F would be approved (and not administratively closed) before the I-130 is approved. If you already submitted an I-130 in February as your timeline shows, then there is an even much smaller chance of the I-129F being approved first. It would just be a big waste of money and effort to go that route.

[DILAW 94]

I can tell you from experience that my I-130 got processed before my I-129.  When I say "processed", I mean looked at not approved or denied.  I received a RFE for my I-130, but my I-129 hasn't been touched.  I would still do the I-129 because it's free and no fee is required if you submitted an I-130.  I just waited for my I-130 receipt letter to send with my I-129 form.  I am not sure if that's necessary, but that's what I did.  Good luck

[TBoneTX 45,498]

Similar threads have been merged.  Please restrict future such questions to one (this) thread.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.