Why aren't people applying for K3 to shorten the separation time between husband and wife?

[aaron2020 11,651]

4 minutes ago, missileman said:

Don't those who are "fortunate" enough to be granted a K-3 have to adjust status as well?

Yes, a K3 is a non-immigrant visa that requires the beneficiary to file to adjust status.

[Crazy Cat 39,177]

1 minute ago, Ahmed&Freda said:

My understanding is the I130 still processes.  You are able to come to USA and work while you wait for the completion of the I130.  I could be wrong as I didn't get that far but that was what I understood when I filed it.

Yes, but I think I read that they still have to adjust status like a K-1.

[aaron2020 11,651]

1 minute ago, Ahmed&Freda said:

My understanding is the I130 still processes.  You are able to come to USA and work while you wait for the completion of the I130.  I could be wrong as I didn't get that far but that was what I understood when I filed it.

The I-130 process would stop because the K-3 would already be in the US and have no need for an immigration visa.  The K-3 has a non-immigrant visa.  That person can not come to the USA and work while waiting for the i-130.  That person would need to file to adjust status and get an EAD in order to work.

[Karim2018 99]

4 minutes ago, missileman said:

Don't those who are "fortunate" enough to be granted a K-3 have to adjust status as well?

Yes, but in the States Also I'm pretty old and may be called upon to meet my Lord soon, so I want to spend as much time with my beautiful wife before my clock stops ticking lol

[Crazy Cat 39,177]

nm

Edited December 19, 2018 by missileman

[Ahmed&Freda 628]

1 minute ago, missileman said:

Yes, but I think I read that they still have to adjust status like a K-1.

yes you're correct. 

[Karim2018 99]

15 minutes ago, missileman said:

I don't see any real advantage for those who are successful with a K-3.....am I missing something?

The only advantage (if this were to work) is that your spouse can join you in the States sooner!

Straight from USCIS website:

 

K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

 

ADDITIONAL COMMENT:

Nowadays...in Casablanca, Morocco (a known high-fraud US consulate), it may take up to 2.5 to 3 years for your souse to be granted a CR1 visa! That's why I'm looking for workarounds (if any), then I stumbled into this K3 (not very well known visa) process, which CLAIMS that your spouse can be granted a visa to come to the states sooner. Voila!

Edited December 19, 2018 by Karim2018
addition

[aaron2020 11,651]

3 minutes ago, Karim2018 said:

The only advantage (if this were to work) is that your spouse can join you in the States sooner!

Straight from USCIS website:

 

K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

The K-3 cons would be 1) cost and time to file for AOS, and 2) not being able to work, go to school, or travel internationally while waiting 5-6 months for an EAP and AP.  All that to save 3 months.  Not worth it. 

Edited December 19, 2018 by aaron2020

[Ahmed&Freda 628]

11 minutes ago, Karim2018 said:

The only advantage (if this were to work) is that your spouse can join you in the States sooner!

Straight from USCIS website:

 

K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

 

ADDITIONAL COMMENT:

Nowadays...in Casablanca, Morocco (a known high-fraud US consulate), it may take up to 2.5 to 3 years for your souse to be granted a CR1 visa! That's why I'm looking for workarounds (if any), then I stumbled into this K3 (not very well known visa) process, which CLAIMS that your spouse can be granted a visa to come to the states sooner. Voila!

Most of the wait time in high-fraud consulate is after the USCIS stage.   So unfortunately the k3 won't be any help because it will be closed when the I130 is approved.  There is no way to get around the long AP that some of the high-fraud consulates have.

[Karim2018 99]

4 minutes ago, Ahmed&Freda said:

Most of the wait time in high-fraud consulate is after the USCIS stage.   So unfortunately the k3 won't be any help because it will be closed when the I130 is approved.  There is no way to get around the long AP that some of the high-fraud consulates have.

Good to know. Thanks m8!

[geowrian 22,335]

Filing for a K-3 would be a waste of effort. If it even had a remote possibility of approval, I'd say go for it if you are fine with the cons associated with it.

But there is less than a remote possibility of issuing a K-3 visa.

 

4 hours ago, Karim2018 said:

Nowadays...in Casablanca, Morocco (a known high-fraud US consulate), it may take up to 2.5 to 3 years for your souse to be granted a CR1 visa! That's why I'm looking for workarounds (if any), then I stumbled into this K3 (not very well known visa) process, which CLAIMS that your spouse can be granted a visa to come to the states sooner. Voila!

The K-3 (if it somehow got through USCIS and NVC) would go through all the same processing checks at the embassy as the CR-1 visa.

the K-3 is not too well known - among newer contributors - for a reason....it's on the books until the INA changes but only exists in theory.

 

Current USCIS policy is to adjudicate the I-129F and I-130 together. If the I-130 is approved first, the I-129F is denied.

Current NVC policy is that if an I-129F for a beneficiary at the same time or after that of an I-130 for the same beneficiary, then the I-129F is to be closed.

The above 2 items makes getting an I-129F for a spouse virtually impossible.

[Ontarkie 13,902]

5 hours ago, Karim2018 said:

Yes, but in the States Also I'm pretty old and may be called upon to meet my Lord soon, so I want to spend as much time with my beautiful wife before my clock stops ticking lol

The K3 was created because the CR1 was taking years. When the K3 was popular ppl would get it in less then a year. now the K3 and CR1 would take about the same amount of time. That is why they get closed and the CR1 continues. 

[lummo 61]

On 12/19/2018 at 11:44 AM, Karim2018 said:

The only advantage (if this were to work) is that your spouse can join you in the States sooner!

Straight from USCIS website:

 

K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

 

ADDITIONAL COMMENT:

Nowadays...in Casablanca, Morocco (a known high-fraud US consulate), it may take up to 2.5 to 3 years for your souse to be granted a CR1 visa! That's why I'm looking for workarounds (if any), then I stumbled into this K3 (not very well known visa) process, which CLAIMS that your spouse can be granted a visa to come to the states sooner. Voila!

The important part: "However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare." Thus, only 4 K-3s were issued worldwide in 2018.