Is K3 still useful in 2023?

[VirginiaYasin 0]

Hi folks, has anyone filed K3 with I130? 

Some people say it is useless but according to definition K3 is for bringing foreign spouse to US quicker.

Is it worth a shot?

[Rocio0010 5,565]

They’re obsolete. Only a handful were issued in the last few years. Try a spousal visa 

[powerpuff 5,907]

 

[Boiler 43,462]

The last thing most people would want is to actually be issued a K3

 

Does it do anything to speed up your case, not sure, it is free to play.

[Crazy Cat 39,285]

1 hour ago, VirginiaYasin said:

Hi folks, has anyone filed K3 with I130? 

Some people say it is useless but according to definition K3 is for bringing foreign spouse to US quicker.

Is it worth a shot?

An I-129F marked for a spouse will be closed administratively.  It MIGHT speed up the I-130, but you do NOT want a K-3 to be issued. A CR-1 is far, far superior.

[Just Paul 4,591]

Sure - it will keep you busy for a while and off the streets.

[Redro 4,600]

18 hours ago, VirginiaYasin said:

Hi folks, has anyone filed K3 with I130? 

Some people say it is useless but according to definition K3 is for bringing foreign spouse to US quicker.

Is it worth a shot?

When did you file the I-130?

Have you filed it yet? 

You can only file the I-129F (K3) with receipt of I-130. 

These days, no one files the K3 to have the spouse come over to the US quicker to adjust status. 

Instead they file it to get the I-130 approved quicker. 

It might help. It might not. 

But, it does create more work for USCIS... in my mind... you are slowing the entire process  (for everyone) down. 

[Mike E 11,723]

19 hours ago, VirginiaYasin said:

Hi folks, has anyone filed K3 with I130? 

Some people say it is useless but according to definition K3 is for bringing foreign spouse to US quicker.

Some have claimed it worked for them:

 

Another thread to read is:

 

This thread is interesting because it is clear I-129F caused a doomed I-130 to be denied faster:

 

Personally, if there was a problem with a petition I filed, I would want to know sooner than later. 

19 hours ago, VirginiaYasin said:

 

Is it worth a shot?

IMHO yes. There are 4 outcomes, from most likely to least likely:

 

1. I-130 is not accelerated, and I-129F is denied.

 

2. I-130 is accelerated and I-128F is denied

 

3. I-130 is not accelerated and I-129F is approved

 

4. 3. I-130 is  accelerated and I-129F is approved

 

Outcomes 2 and 3 can lead to a K-3 visa (if I-129F is approved before I-130 and uscis sends I-129F to NVC) and neither an IR-1 nor CR-1 visa. There is a 1 in 10,000 chance of this. You are 4 times more likely to die from choking on food than getting a K-3 visa. https://injuryfacts.nsc.org/all-injuries/preventable-death-overview/odds-of-dying/
 

So what if you get a K-3?

 

* you have to file I-485 to get a green card

 

* it is  2 year multi entry visa

 

* you have a 2 year stay which can be extended if I-485 is filed

 

* the endorsed visa grants you travel authorization until the K-3 visa expires 

 

* you can apply for an EAD without applying for I-485. 
 

* the income requirements are just 100 percent of poverty  limit. This combined with the previous point can be a boon to couples where the petitioner has marginal income. The beneficiary can enter on the K-3, get the EAD, help to double the household income, and produce a compelling I-864.

 

 

 

Edited July 15, 2023 by Mike E

[VirginiaYasin 0]

1 hour ago, Mike E said:

Some have claimed it worked for them:

 

Another thread to read is:

 

This thread is interesting because it is clear I-129F caused a doomed I-130 to be denied faster:

 

Personally, if there was a problem with a petition I filed, I would want to know sooner than later. 

IMHO yes. There are 4 outcomes, from most likely to least likely:

 

1. I-130 is not accelerated, and I-129F is denied.

 

2. I-130 is accelerated and I-128F is denied

 

3. I-130 is not accelerated and I-129F is approved

 

4. 3. I-130 is  accelerated and I-129F is approved

 

Outcomes 2 and 3 can lead to a K-3 visa (if I-129F is approved before I-130 and uscis sends I-129F to NVC) and neither an IR-1 nor CR-1 visa. There is a 1 in 10,000 chance of this. You are 4 times more likely to die from choking on food than getting a K-3 visa. https://injuryfacts.nsc.org/all-injuries/preventable-death-overview/odds-of-dying/
 

So what if you get a K-3?

 

* you have to file I-485 to get a green card

 

* it is  2 year multi entry visa

 

* you have a 2 year stay which can be extended if I-485 is filed

 

* the endorsed visa grants you travel authorization until the K-3 visa expires 

 

* you can apply for an EAD without applying for I-485. 
 

* the income requirements are just 100 percent of poverty  limit. This combined with the previous point can be a boon to couples where the petitioner has marginal income. The beneficiary can enter on the K-3, get the EAD, help to double the household income, and produce a compelling I-864.

 

 

 

thank you for detailed response.

 

20 hours ago, Boiler said:

The last thing most people would want is to actually be issued a K3

 

Does it do anything to speed up your case, not sure, it is free to play.

is there any downside of filing k3 while i130 is pending? i mean, if i130 is approved and k3 is denied, it is not a "bad" denial. so why would someone not give it a shot?

[Crazy Cat 39,285]

3 minutes ago, VirginiaYasin said:

f i130 is approved and k3 is denied, it is not a "bad" denial. so why would someone not give it a shot?

The I-129F would be administratively closed.  It is not a harmful denial.  There is no downside in submitting it....unless, imo,  they issue a K-3 visa (very, very unlikely, but possible)

[Mike E 11,723]

8 minutes ago, VirginiaYasin said:

is there any downside of filing k3 while i130 is pending?

Other than K-3 being approved, none. For the reasons I have listed, a K-3 is not a bad outcome.

 

 

Edited July 15, 2023 by Mike E

[VirginiaYasin 0]

2 minutes ago, Crazy Cat said:

The I-129F would be administratively closed.  It is not a harmful denial.  There is no downside in submitting it....unless, imo,  they issue a K-3 visa (very, very unlikely, but possible)

i understand, thanks for explaining. so to be clear, first file i130, get the notice(reciept) then file k3 and hope it is issued faster than i30.

if k3 is issued, spose can visit the usa while i130 is pending and complete the i130 process in her home country when interview is schedule.

if k3 is denied, it is still ok because i130 is approved(most likely, assuming there is nothing wrong with i130)

is this all true? so it makes sense to apply k3

[VirginiaYasin 0]

Just now, Mike E said:

Other than K-3 being approved, none.

thank you, if k3 is approved before i130.. spouse has an option to come to usa and finish pending i130 when interview is ready in her HOME COUNTRY, right?

i mean is there any other downside of approved k3? does that approval hurt I130 or change I130 process at all?

[Redro 4,600]

3 minutes ago, VirginiaYasin said:

thank you, if k3 is approved before i130.. spouse has an option to come to usa and finish pending i130 when interview is ready in her HOME COUNTRY, right?

i mean is there any other downside of approved k3? does that approval hurt I130 or change I130 process at all?

Be aware very few K3s are approved… so, you’re looking at either 1.) I130 being approved a month or 2.) after the K3 is filed NOTHING. . . I-130 is approved in the normal processing time. 

[VirginiaYasin 0]

Just now, Redro said:

Be aware very few K3s are approved… so, you’re looking at either 1.) I130 being approved a month or 2.) after the K3 is filed NOTHING. . . I-130 is approved in the normal processing time. 

yes thanks for heads up, i know not a lot of k3s are approved but i still hear it is worth a shot so why not try. 

 

if k3 is approved, does that change I130 at all? i mean, spouse can enter the USA with k3 while i130 is pending.. then does she complete the i130 process in the USA?