Ok need help again..

[Laura_and_IanM 0]

Ok my friend has just emailed me this.

INS Implements the “K” Nonimmigrant Visa Provision of the LIFE Act

WASHINGTON –– To reduce the separations immediate family members of U.S. citizens may experience while waiting abroad for an immigrant visa, the Immigration and Naturalization Service (INS) is implementing a new K nonimmigrant visa provision, which was published as an interim rule in today’s Federal Register.

The rule expands the K visa status, currently available to fiancé(e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse’s children. This will allow them to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act) enacted last December.

Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse’s unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.

For those who wish to take advantage of this new provision, to be eligible for a K-3 nonimmigrant visa, an applicant MUST:

Be the spouse of a U.S. citizen;

Have a Form I-130 (Petition for Alien Relative) filed on his/her behalf by his/her U.S. citizen spouse, that is pending;

Have a Form I-129F (Petition for Alien Fiancé(e)) completed and submitted on his/her behalf by his/her U.S. citizen spouse to:

U.S. Immigration and Naturalization Service

P.O. Box 7218

Chicago, IL 60680-7218

(Note: The INS must approve the Form I-129F before the beneficiary becomes eligible to apply for the K Visa from the U.S. consulate abroad.); and

Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-3 visa from the Department of State.

To be eligible for a K-4 nonimmigrant visa, an applicant does not need a separate Form I-130 or a Form I-129F filed on his/her behalf. The K-4 applicant MUST:

Be an unmarried child (under 21 years of age) of a K-3 visa applicant or holder;

Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-4 visa.

Applying for Immigrant Status

The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent residents and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.

K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.

Employment Authorization

K-3/4 nonimmigrants may also apply for authorization to work in the United States while they wait for their immigrant status. To do so, they must submit a completed Form I-765 (Application for Employment Authorization) along with the $100 application fee to the INS post office box (P.O. Box) address specified above for filing the Form I-129F.

Additional information and application forms regarding the K visa and other LIFE Act benefits are available on the INS Web site www.ins.gov (forms can be downloaded from the site), or by calling the INS toll-free customer telephone service: 1-800-375-5283

She is believing that this is a waiver to get your spouse or fiance to be able to wait in America while the application is being processed. I have tried to explain to her that there is no such thing. Am I right in thinking this??? Can anyone help me with this? I truly believe that she is so caught up in her emotions that she isn't thinking straight. They havent even filed for a k-1 yet so the reality of them getting married on JULY 4th of this year is def out of the question right??

Thank you for your help in advance.

Laura Mitchell

[germangel 0]

If there was such a thing as a waiver and we all could wait in the US for our petitions to be approved, I don't think there would be so many of us waiting in our home coutries till it is through.

No, there is no such thing..

[Laura_and_IanM 0]

Thank you for that. That is what I was thinking but she gets so defensive when I try to explain things to her. I think the line in there that she is confusing is this...."This will allow them to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country." But she is trying apply for the K1 for which she hasnt even done yet. SHe is living in this fantasy world and I am really concerned for her. Hopefully she will pay attention to what I said.

Come to think of it..it wouldnt make sense if there was such a thing for the k1 because what if the k1 wasnt approved but yet they marry anyway while him being in the country on this so called waiver that she is dreaming of????Surely that would cause more problems in the long run?!

Laura Mitchell

[TracyTN 237]

Where did she get that and how old is it?

[Laura_and_IanM 0]

She claimed to have gotten it off of the Government web site when filling something out. As to how old it is, I have no clue. But from reading it, I am taking it is from when the K-3 was first introduced. I get that impression from the way it talks about implementing a new K visa program. Any advice on what to say to her on this matter? No matter what I say, I can almost guarantee that she will get defensive about it.

Thanks again..

Laura Mitchell

[Buttons 0]

It's on the uscis site, what it means is that you get married then go back home submit the i-130 then the 129f which will get you the K- 3 non-immigrant visa then once that is approved and the interview you can move and adujust status in the usa. Basically it's just to get there faster then the cr-1 / ir-1. You still have to wait till the k-3 goes through. I am doing it and I am at month 5 and still waiting just received packet three that says another 2-4 months.

[Laura_and_IanM 0]

Thanks for that last comment. I do know what the process is as I too am going through it. My friend is thinking that she can apply for the K1 to get married in america with her fiance, then apply for this so called waiver that will allow him to come to america and wait out the process. I have explained to her over and over that there is no other way and that we all have to wait, even ppl who are getting theirs expidited. She just doesnt get it. I can understand reading that one line which i quoted in my last post about, that she could easily misinterpret that. But it is clear that it is for the K3 and that is what the form is explaining..the whole k3 process. I am baffled as to how she can not see the answers. I have directed her to this site over and over and I honestly dont think she has even bothered to come on here. I am worried.

Laura Mitchell

[Buttons 0]

K-1 wont' be approved before July............ Is she nuts ? lol

[Cygnet 0]

K-1 wont' be approved before July............ Is she nuts ? lol

I agree. She won't get her visa before July 4. I hope she didn't plan a huge wedding.

[Reba 2]

the information in the first post is regarding the K3 process, and that is the non-immigrant visa that was made available for people to apply for so they could be with their US families quicker than it was taking to process CR1 applications. Once someone has a K3, they can be in the US and apply for the immigrant visa, aka, Green Card.

As the K1 process is already usually quick enough there is no waiver. They must wait for the K1 to go thru the motions and then her fiance can move to the US and they can get married. If they get married before they get the K1, then they will have to apply for the K3/CR1, and be separated even longer.

I'd suggest to her that she speaks with an immigration consultant at her local district office. I believe she can make an IPASS appointment to get some information about the K1 visa, if she won't believe you.

[TracyTN 237]

The reason I asked about the age of the article, and some of the more seasoned VJ vets can correct me for sure - but I thought that the K3 was a 'newer' visa that was added at some point when the CR1/IR1s were taking such a long time. It was seen as a 'quicker' alternative for spouses. Hence the sentence in the article, "The rule expands the K visa status, currently available to fiancé(e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse’s children."

I think that could be what that article is talking about.

I could swear I read that here somewhere, either a post from a VJ superstar (Yodrak, where are ya pal? LOL) or on the guides. I'll be buggered if I can find it now though. So take that with a grain of salt till someone else says for sure.

Edited May 18, 2006 by TracyTN

[Yodrak 7]

ljwinquist,

This is the K3 visa to allow spouses of US citizens to come to the USA as non-immigrants while the I-130 immigrant petition is in processing. It does not apply to fiance(e)s, who already come the USA as non-immigrants using a K1 visa.

This is not a waiver, it is a visa application process. It is a parallel process to the traditional spousal immigrant visa intended to allow spouses to get a visa and enter the country in the same amount of time (roughly) that it takes fiance(e)s, thereby eliminating what had been seen as an unfair penalty for being already married.

Yodrak

Ok my friend has just emailed me this.

INS Implements the "K" Nonimmigrant Visa Provision of the LIFE Act

...

She is believing that this is a waiver to get your spouse or fiance to be able to wait in America while the application is being processed. I have tried to explain to her that there is no such thing. Am I right in thinking this??? Can anyone help me with this? I truly believe that she is so caught up in her emotions that she isn't thinking straight. They havent even filed for a k-1 yet so the reality of them getting married on JULY 4th of this year is def out of the question right??

Thank you for your help in advance.

Laura Mitchell

Edited May 18, 2006 by Yodrak

[Reba 2]

The reason I asked about the age of the article, and some of the more seasoned VJ vets can correct me for sure - but I thought that the K3 was a 'newer' visa that was added at some point when the CR1/IR1s were taking such a long time. It was seen as a 'quicker' alternative for spouses. Hence the sentence in the article, "The rule expands the K visa status, currently available to fiancé(e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse’s children."

I think that could be what that article is talking about.

I could swear I read that here somewhere, either a post from a VJ superstar (Yodrak, where are ya pal? LOL) or on the guides. I'll be buggered if I can find it now though. So take that with a grain of salt till someone else says for sure.

the K3 was introduced I believe in 2001. the article posted above is the news release that announced it. Until that point, spouses of USCs had to wait several years abroad until their CR1/IR1 visa petitions and applications were approved.

[JenT 0]

She claimed to have gotten it off of the Government web site when filling something out. As to how old it is, I have no clue. But from reading it, I am taking it is from when the K-3 was first introduced. I get that impression from the way it talks about implementing a new K visa program. Any advice on what to say to her on this matter? No matter what I say, I can almost guarantee that she will get defensive about it.

Thanks again..

Laura Mitchell

Hi Laura,

End her an email link to this thread... she can read it for herself and start her own fact finding mission as we have all done. No reason for her to get defensive about you when the facts are here.

As far as July is concerned... no chance. I filed for David's K1 at the end of April and I have a target of November but do not plan on setting ANY dates until we have our NOA2.

Jen

[TracyTN 237]

The reason I asked about the age of the article, and some of the more seasoned VJ vets can correct me for sure - but I thought that the K3 was a 'newer' visa that was added at some point when the CR1/IR1s were taking such a long time. It was seen as a 'quicker' alternative for spouses. Hence the sentence in the article, "The rule expands the K visa status, currently available to fiancé(e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse’s children."

I think that could be what that article is talking about.

I could swear I read that here somewhere, either a post from a VJ superstar (Yodrak, where are ya pal? LOL) or on the guides. I'll be buggered if I can find it now though. So take that with a grain of salt till someone else says for sure.

the K3 was introduced I believe in 2001. the article posted above is the news release that announced it. Until that point, spouses of USCs had to wait several years abroad until their CR1/IR1 visa petitions and applications were approved.

Ah, thanks Reba! I believe that is exactly what my brain was trying to remember.

Too many cobwebs in there today.