TWISTIE

You are correct that there has NOT been a K-3 Issued since March 2020, but its because people were NOT filing it. Why? Because K-1 and CR-1 have been more beneficial all this time, but now its other way around. Covid has sent the backlog to its highest limit...and that’s where k-3 visa comes into the picture and that’s the only reason Congress enacted this k-3 visa...so that couple couldn’t be separated for long because of this longer delaying in processing. That’s what the sole purpose of creating this visa. Govt. hasn’t phased it out. Its just it wasn’t a viable and a good option until now. I-130 is taking too long NOW..and K-1 is also processing 12 months of average time...So this is the only viable option seems like it.
 
Besides, there is nothing to lose as there is no any extra fees for it. Just because its been only one or two K-3 issued in last previous years, that doesn’t mean its because govt. was denying it or not approving it at USCIS level or discouraging people not to file it, rather it were people who chose not to file for k-3 given the fact that K-1 and CR-1 used to process a wayyy earlier and quicker but this is not the case anymore...I think the new statistic from govt. on issuing of this visa would be different from now on this, for sure. It will force the govt. to clear it up backlog or adjudicate I-130 quickly.
 
Just a few years ago I did CR-1 for my previous wife. It took only 4 months to decide I-130 and then another 2 months at NVC and consulate....Total 7-8 months to have interview in very same US consulate. But now I-130 is taking at least 19 and half month to 25 months in Vermont service center...wherein Adam Walsh cases would be handled as well...Should I wait for 25 months or 7-8 months? I think choice is very obvious over here...
 
I know about a case over here wherein USCIS denied I-129F for K-3 visa to someone by stating that I-130 has been already approved while I-130 was pending but that was an error in USCIS part which could be fixed thru attorney or congresspeople. USCIS can not just deny a petition based on lies...For k-3, all one needs is a receipt of pending I-130..that’s all...I mean for I-129F for k-3. I am wondering what we have to lose by filing this I-129F? Both petition I-130 and I-129F could be filed together, and I think they could be filed online as well..at least I-130. I am lost here as to what we could loose here??

Thanks everyone...appreciated...
 
For the sake of discussion then-
 
(1) My fiancé will not be working upon coming to US. Thus, EAD, GC or anything else related to it doesn’t matter.
(2) She won’t be traveling so soon as well...so we are not concerned for travel permit or GC as well upon coming to US.
(3) We don’t care about cost as well at this time.
(4) All we care at this point is- quickly for her being able to come to the US.
 
Now a few facts-
 
(1) There is a fee of $265 mentioned extra for K-3 visa...I don’t know for which application, but I think its something at NVC for visa fees, I guess.
 
(2) I know that petitions are filed with different USCIS offices but those offices only do filing, processing fees, and creating record like NVC does for DOS/consulate. And then petitions do go to respective service center for adjudication, and that’s where processing time comes into the picture. And since I live in NYC then anything related to me would fall under Vermont Service Center...and right now their processing time for form I-130 is 19-25 months, which is unbelievable. Might have to do with COVID but before COVID they have pretty much the same time, I guess. And then we would need to deal with NVC and then consulate...So, we are talking about 3 and half years or more here on CR-1 route if govt. would not do anything soon to clear out backlog...and then there is COVID still going on everywhere.
 
(3) As for K-1 then there is always a risk that they might reject it at the interview and suggest to do CR-1.
(4) K-3 is only viable option seems like it as of now, especially at this time...covid time..when everything has slowed down. Govt. has never phased out K-3 option. And yes, this option was rarely used in last few years. Why? Because there were other better options, but those options are not better anymore given the current processing time and COVID...Thus, this option comes in handy. In order to go for this route, all I would need is- copy of receipt of Form I-130. I know well that if USCIS would adjudicate I-130 prior to fully processing of k-3 visa then k-3 case would end which is ok...nothing to lose...but at least I would have a tool to get processed quickly, rather than just wait for its eternity if I file for CR-1...

I think people are awaking now or realizing only lately that K-3 is the only viable option for them to speed things up...which is why k-3 wasn’t filed earlier...but now latest applicants are exploring all options available to them...and this k-3 comes handy in my opinion...

Thanks everyone...appreciated...
 
For the sake of discussion then-
 
(1) My fiancé will not be working upon coming to US. Thus, EAD, GC or anything else related to it doesn’t matter.
(2) She won’t be traveling so soon as well...so we are not concerned for travel permit or GC as well upon coming to US.
(3) We don’t care about cost as well at this time.
(4) All we care at this point is- quickly for her being able to come to the US.
 
Now a few facts-
 
(1) There is a fee of $265 mentioned extra for K-3 visa...I don’t know for which application, but I think its something at NVC for visa fees, I guess.
 
(2) I know that petitions are filed with different USCIS offices but those offices only do filing, processing fees, and creating record like NVC does for DOS/consulate. And then petitions do go to respective service center for adjudication, and that’s where processing time comes into the picture. And since I live in NYC then anything related to me would fall under Vermont Service Center...and right now their processing time for form I-130 is 19-25 months, which is unbelievable. Might have to do with COVID but before COVID they have pretty much the same time, I guess. And then we would need to deal with NVC and then consulate...So, we are talking about 3 and half years or more here on CR-1 route if govt. would not do anything soon to clear out backlog...and then there is COVID still going on everywhere.
 
(3) As for K-1 then there is always a risk that they might reject it at the interview and suggest to do CR-1.
(4) K-3 is only viable option seems like it as of now, especially at this time...covid time..when everything has slowed down. Govt. has never phased out K-3 option. And yes, this option was rarely used in last few years. Why? Because there were other better options, but those options are not better anymore given the current processing time and COVID...Thus, this option comes in handy. In order to go for this route, all I would need is- copy of receipt of Form I-130. I know well that if USCIS would adjudicate I-130 prior to fully processing of k-3 visa then k-3 case would end which is ok...nothing to lose...but at least I would have a tool to get processed quickly, rather than just wait for its eternity if I file for CR-1...

The K-3 path essentially no longer exists. In FY 2020, there were only 2 K-3 visas in the whole world: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf Page 2
https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html
 
The costs before the visa interview step are essentially the same. https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."
 
Service Centers are not based on petitioner's residence. So odds are it won't go to Vermont unless you have a specific criminal history.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.
K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  
CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 
***Moved to What Visa Do I Need?****

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

As I have said so many times...and I am going to say again- NOBODY can access to the record without a court order. Period. Govt can access but they need a court order...and a very good reason, otherwise no judge will allow them to access. You are saying as if govt. can access very easily as if those records are public record that anyone can access too...Again, govt. can access but they need a court order...and obtaining a court order is extremely hard...like none to impossible...no judge will allow it unless there is a big investigation going on for murder or terrorist and other these kinds of crimes...Besides, govt will not waste their time and resource as well in seeking court order to gain access to these kinds of records...And again, USCIS can not access anything like they can not access IRS records...With court order, they can access anything whether its IRS record or anything else...But by their own, they can NOT access anything.

As I said earlier that USCIS always...always...always want to know EVERYTHING AND ANYTHING....So, its up the people what they decide to tell or hide from them. USCIS is not a God so to say that they will automatically know everything. If you tell them anything, then obviously they will come to know. Once this current petition is denied, the case will closed for good. A new petition will be decided based on its own merit than cross checking each petition to see every little little info as to what was written or said previously. 
 
And of course USCIS wants you to tell everything truthfully, but do you honestly believe that everyone tells truth??? Do you even know that USCIS even know that 77% of marriages between a foreigner and US citizen are sham marriages, yet still they say that they can not do anything because they don’t have resources to investigate marriages...A couple years ago, I think, 10 yrs ago an article was published in NY Times wherein a big report was written about these kinds of marriages...US citizens marry for money, and foreigners marry for coming to US or settle down here..and Immigration is fully aware of it but nobody can do anything...ok..Are these all people truthful? You know whats happening at borders...all these people who are seeking “political asylum” are not looking just to settle here than really afraid of their lives in their home country...So, are they truthful? 7 out of 10 people who come here on tourist visa do get tourist visa to settle down here, but do they tell to the consular officer that they are going to settle down in USA?  
 
That being said, its up to the people what to tell and what not to tell....and that’s what people do...always...I am not saying what people should do, instead all I’m saying is that USCIS always want to know everything but its up to the people to decide what to tell and what not to tell. And USCIS has no way to know about it.
 
Besides, disclosing this information by OP on the petition doesn’t and wouldn’t make his petition denied anyway, but lying any material fact would make his petition denied which is going to happen this time unless his attorney can establish that he didn’t deliberately lie which is very easy in his case...When attorney will write to USCIS, they will process his case, otherwise attorney could file a motion to reconsideration which would go to another panel of officers...and even there they wouldn’t budge then there would be appeal...so many channels to go to...Right now USCIS doesn’t know if OP deliberately lied or not, but attorney can easily overcome with this....Or he can file new petition once this is denied and tell the truth about it. Or marry and file CR-1...Having a protection order is not a ground to deny, but yes lying is. But then lying should be deliberate. A mistake or innocent lie doesn’t count in deliberate lying...

Giving your own opinions is one thing, but saying one is incorrect in its opinions without knowing the fact is another. Govt. is made of 3 branches of it...Each part of govt. has its own roles...USCIS cannot access anything from other parts of the govt...nor record from other govt. agencies..ok...

Oh really !!!!  I am incorrect and you are correct, right? Go check with any attorney...ok...Once your record is expunged or sealed then NOBODY can find out...Read my lips- NOBODY...ok...That’s the purpose of seal the record and to expunge it so that NOBODY could know. Now, listen very carefully- ANYONE can get the record or find out the record but there has to be a court order...Listen again, a court order...Ok...Without a court order, nobody could get these kinds of records nor they could ever find out. A request for a court order could only be made by someone if they would know  about the existence of this record. But once a record is sealed or expunged then how would someone ever come to know about it in order to seek out a court order??? And even if someone files a case in the court for a court order, do you think courts will hand this out to everyone on a silver platter??? Only law enforcement people are given a court order by the courts...and even when there is a reason for it...And I dont think there would be any reason for any law enforcement authority to EVER go for a court order for this kinds of record...ok...
 
Now, speaking of USCIS then USCIS always ...always...always wants to know EVERYTHING and ANYTHING....regardless of what it is....even if record is sealed/expunged or whatever...but if a person will not reveal then there is no way in this world they could find out..no way...no how...
 
Read again and again- Once a record is sealed and/or expunged, no body in US govt. or anyone else has access to that record. It would NEVER show up anywhere...no matter what. The only way anyone could have access to it is thru a court order, and obtaining a court order is none to impossible. One has to have a valid and strong reason. The only time courts give permission to have access to these kinds of records is to law enforcement when there is big big kinda investigation going on like terrorist attack, murder or big ones..., otherwise courts deny to law enforcement agencies too. Speaking of USCIS, USCIS cannot even get your tax records from IRS and you are talking about USCIS to have access to this kind of court records !!!!! Give me a break..ok...I have been living whole my life in the US to know this simple fact...ok...

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

Giving your own opinions is one thing, but saying one is incorrect in its opinions without knowing the fact is another. Govt. is made of 3 branches of it...Each part of govt. has its own roles...USCIS cannot access anything from other parts of the govt...nor record from other govt. agencies..ok...

Oh really !!!!  I am incorrect and you are correct, right? Go check with any attorney...ok...Once your record is expunged or sealed then NOBODY can find out...Read my lips- NOBODY...ok...That’s the purpose of seal the record and to expunge it so that NOBODY could know. Now, listen very carefully- ANYONE can get the record or find out the record but there has to be a court order...Listen again, a court order...Ok...Without a court order, nobody could get these kinds of records nor they could ever find out. A request for a court order could only be made by someone if they would know  about the existence of this record. But once a record is sealed or expunged then how would someone ever come to know about it in order to seek out a court order??? And even if someone files a case in the court for a court order, do you think courts will hand this out to everyone on a silver platter??? Only law enforcement people are given a court order by the courts...and even when there is a reason for it...And I dont think there would be any reason for any law enforcement authority to EVER go for a court order for this kinds of record...ok...
 
Now, speaking of USCIS then USCIS always ...always...always wants to know EVERYTHING and ANYTHING....regardless of what it is....even if record is sealed/expunged or whatever...but if a person will not reveal then there is no way in this world they could find out..no way...no how...
 
Read again and again- Once a record is sealed and/or expunged, no body in US govt. or anyone else has access to that record. It would NEVER show up anywhere...no matter what. The only way anyone could have access to it is thru a court order, and obtaining a court order is none to impossible. One has to have a valid and strong reason. The only time courts give permission to have access to these kinds of records is to law enforcement when there is big big kinda investigation going on like terrorist attack, murder or big ones..., otherwise courts deny to law enforcement agencies too. Speaking of USCIS, USCIS cannot even get your tax records from IRS and you are talking about USCIS to have access to this kind of court records !!!!! Give me a break..ok...I have been living whole my life in the US to know this simple fact...ok...

Your attorney (not immigration attorney, unless immigration attorney practices criminal and civil matters as well) can also hide or expunge your Protection Order completely from its record. There are many ways to do so. This way, nobody would ever know about it...not even govt....Otherwise, any time a background checks would be done, it will pop it up, whether for immigration benefits or anything else (even for any specific job)...

By the way, when Protection Order got expired? Before submitting I-129F or later? 
 
Lying to US govt. officials is a very serious offense which could bar for life to avail any benefit. In my personal opinion, your choices are as follow-
 
(1) Hire an attorney quickly and respond to it before the due date. Trust me, attorneys know how to get over this kinds of situation. They will easily be able to establish that it wasn’t a deliberate lie on your part, rather a mistake/misunderstanding. I know many people will debate this over here until its eternity but trust me attorneys know well how to handle this kinds of things. So long you can able to prove/establish that you didn’t lie deliberately on this, you are ok.
 
(2) You can let it deny this petition now, and then file another one with truthful information. I don’t think any immigration petition is denied with prejudice, rather they are all denied without prejudice...What it meant is- you are free to re-apply again. And yes, US govt. keep all the record of your previous filings, but each application/petition is dealt on its on merit. Govt. can not deny your next petition/application based on the information contained on previous petitions because then burden will lie solely upon them to prove that you intentionally and deliberately lied to them. Merely having something on the application/petition can’t be construed as if you lied to them deliberately. People make many mistakes all the time, knowingly or unknowingly...sometime typo and other times because of their failure in not understanding a question properly. I think you will be ok, trust me.
 
(3) You should get married and apply for CR-1 visa. You can even marry thru zoom now without leaving your living room...
 
 

I suppose that they could hope that it would be accepted, or they could begin working before filing so that they could provide the I-134 for the visa and then the I-864 for AOS. Doing what needs to be done to successfully navigate the immigration process is better than just hoping you'll be lucky enough to squeak by.

You are absolutely right..In my previous marriage, CO did drill my ex-wife on her C-1 visa application as to how I (petitioner) was supporting himself all these years without a job/income/assets. They even suspected some criminal activity...maybe money laundry or whatever...and referred the whole case to USCIS back in US for further investigation...It took them a year...to have showed up at my front door in the middle of the night...4 federal agents ...from local US field office...I had let them in...I was asked my five years’ tax returns...my DL...they took many pictures of my whole house...every bedroom...living room...and even of bathroom...I was asked to submit all the mortgage paper/house paper or lease for the last 5 years...They came 3 times to my house...without letting me know in advance...and in the late evening...So, its not a good scenario wherein primary sponsor doesn’t work, have no income and doesn’t show/tell a reasonable response on how s/he has been supporting himself/herself...then they suspect something fishy...especially when there is no history of work for a very very long time...for many years...

Unfortunately, our opinions about the appropriateness of  how affidavits of support are used and evaluated are not relevant.  Only the Consular Officer's judgment is relevant.

Pushbrk already answered about the foreign assets, so I will just say that..
 
Yes, a joint/co-sponsor can be used with the I-134 for a K-1 visa, and yes, they have been accepted before. There isn't a law against it, nor one stating they must allow it either. It's going to be up to the sole discretion of the CO to make a decision based on the circumstances of your case.
 
The things you mentioned could very well be factors that the CO will be weighing when making their decision. 
 
You could try reading through the reviews for your consulate to see if people mention using assets and or a joint sponor and being approved. You can also ask about it in the regional forum pertaining to the country the visa interview will take place in.

Yes, I do think those could be issues.  The CO is not obligated to approve any joint sponsor - it is discretionary.  The public charge inadmissibility is based on the totality of circumstances, not numbers on paper.
 
@pushbrk would be a good one to answer about the foreign assets.  

It is entirely appropriate for the consular officer to have that level of discretion, as the intending immigrant will not be eligible for any public assistance when they arrive.  Also, with the current processing times, K-1 visa holders face at least 8 months after arriving before they can legally work in the US.

Current income is more important than past income, as only current income can be used to support the immigrant.