New need advice.....

[lyekka 5]

HI everyone. Im new to the whole immigration process. Me and my fiance have been together for 1.5 years now and was planning on filing a K1 fiance visa. But our feelings have changed to where im thinking of flying with my kids to Australia and marrying him over there. I would be returning to the US after a few weeks. Would I need to file the K3 here in the States or do i need to do all that before i leave australia? Was a little confused about that. Also can anyone give me any tips on the consulate there in sydney?

thanks from seattle~

[redglasses 1]

You need to file K3 in the US after you are married because people residing in Australia over 6 months are eligible for DFC.

If I were you, I would go for K3 and CR1 petitions simultaneously.

[pushbrk 12,824]

HI everyone. Im new to the whole immigration process. Me and my fiance have been together for 1.5 years now and was planning on filing a K1 fiance visa. But our feelings have changed to where im thinking of flying with my kids to Australia and marrying him over there. I would be returning to the US after a few weeks. Would I need to file the K3 here in the States or do i need to do all that before i leave australia? Was a little confused about that. Also can anyone give me any tips on the consulate there in sydney?

thanks from seattle~

You can mail the I-130 petition from anywhere as long as it lists a US address as your residence. Certainly you may wait until you return to the US but it would be good to bring his signed G325a and any divorce decrees with you.

I'd suggest you consider the CR1 spouse visa path and skip the K3 though, particularly if working anytime soon after arrival is important to him.

[Ling Ling 22]

I'd suggest you consider the CR1 spouse visa path and skip the K3 though, particularly if working anytime soon after arrival is important to him.

I'd say skipping the K-3 is a bad idea.

OBVIOUSLY the CR-1 is a better visa than a K-3, however, there is an ADVANTAGE to pursuing a K-3.

There may have been a time when the K-3 slowed down the CR-1, but I was in and out of USCIS in 39 days, and have seen others in and out in as little as 21 days. The ADVANTAGE of applying for the K3 (which is free to apply for) is that since it passes through the NVC and goes to the Embassy,

you may be able to get an interview date sooner (than you would waiting for the CR-1 to complete), and then when the CR-1 catches up (is approved) you can contact the Embassy to switch the K-3 interview for your CR-1.

Yes, there is a chance that it won't happen this way...nothing is promised...but it's happened this way a LOT lately, and I think if it does come out that way, it will be an ADVANTAGE you will appreciate not having passed up.

[pushbrk 12,824]

I'd suggest you consider the CR1 spouse visa path and skip the K3 though, particularly if working anytime soon after arrival is important to him.

I'd say skipping the K-3 is a bad idea.

OBVIOUSLY the CR-1 is a better visa than a K-3, however, there is an ADVANTAGE to pursuing a K-3.

There may have been a time when the K-3 slowed down the CR-1, but I was in and out of USCIS in 39 days, and have seen others in and out in as little as 21 days. The ADVANTAGE of applying for the K3 (which is free to apply for) is that since it passes through the NVC and goes to the Embassy,

you may be able to get an interview date sooner (than you would waiting for the CR-1 to complete), and then when the CR-1 catches up (is approved) you can contact the Embassy to switch the K-3 interview for your CR-1.

Yes, there is a chance that it won't happen this way...nothing is promised...but it's happened this way a LOT lately, and I think if it does come out that way, it will be an ADVANTAGE you will appreciate not having passed up.

It's a good plan but what you describe doesn't include "applying for a K3 visa". It includes filing the I-129F petition that could potentially allow applying for a K3 visa. Applying for the visa is NOT FREE but filing the petition is.

[Ling Ling 22]

I'd suggest you consider the CR1 spouse visa path and skip the K3 though, particularly if working anytime soon after arrival is important to him.

I'd say skipping the K-3 is a bad idea.

OBVIOUSLY the CR-1 is a better visa than a K-3, however, there is an ADVANTAGE to pursuing a K-3.

There may have been a time when the K-3 slowed down the CR-1, but I was in and out of USCIS in 39 days, and have seen others in and out in as little as 21 days. The ADVANTAGE of applying for the K3 (which is free to apply for) is that since it passes through the NVC and goes to the Embassy,

you may be able to get an interview date sooner (than you would waiting for the CR-1 to complete), and then when the CR-1 catches up (is approved) you can contact the Embassy to switch the K-3 interview for your CR-1.

Yes, there is a chance that it won't happen this way...nothing is promised...but it's happened this way a LOT lately, and I think if it does come out that way, it will be an ADVANTAGE you will appreciate not having passed up.

It's a good plan but what you describe doesn't include "applying for a K3 visa". It includes filing the I-129F petition that could potentially allow applying for a K3 visa. Applying for the visa is NOT FREE but filing the petition is.

Don't get stuck on semantics. Just as you had mentioned, the CR-1 "Path", I too was referring to a pursuit of the K-3 "Path", which as you noted, the petition is free (and my advice is to only pursue the petition not going through to a K-3 visa application per se).

Glad you agree that it's a good plan....don't see how any intelligent person could think otherwise.

[pushbrk 12,824]

I'd suggest you consider the CR1 spouse visa path and skip the K3 though, particularly if working anytime soon after arrival is important to him.

I'd say skipping the K-3 is a bad idea.

OBVIOUSLY the CR-1 is a better visa than a K-3, however, there is an ADVANTAGE to pursuing a K-3.

There may have been a time when the K-3 slowed down the CR-1, but I was in and out of USCIS in 39 days, and have seen others in and out in as little as 21 days. The ADVANTAGE of applying for the K3 (which is free to apply for) is that since it passes through the NVC and goes to the Embassy,

you may be able to get an interview date sooner (than you would waiting for the CR-1 to complete), and then when the CR-1 catches up (is approved) you can contact the Embassy to switch the K-3 interview for your CR-1.

Yes, there is a chance that it won't happen this way...nothing is promised...but it's happened this way a LOT lately, and I think if it does come out that way, it will be an ADVANTAGE you will appreciate not having passed up.

It's a good plan but what you describe doesn't include "applying for a K3 visa". It includes filing the I-129F petition that could potentially allow applying for a K3 visa. Applying for the visa is NOT FREE but filing the petition is.

Don't get stuck on semantics. Just as you had mentioned, the CR-1 "Path", I too was referring to a pursuit of the K-3 "Path", which as you noted, the petition is free (and my advice is to only pursue the petition not going through to a K-3 visa application per se).

Glad you agree that it's a good plan....don't see how any intelligent person could think otherwise.

I understood what you meant but you weren't writing it for me. This is a process where getting the details and semantics right is absolutely critical, so get used to doing so or risk costly errors.

[cmnb 0]

looking at my timeline, do u guys suggest that i fill out the K3 (I-129F) application? or is it too late in the game?

[Ling Ling 22]

I understood what you meant but you weren't writing it for me. This is a process where getting the details and semantics right is absolutely critical, so get used to doing so or risk costly errors.

Agreed, the devils is in the details, but I believe there's a high probability the OP would know that an I-129f is required for the K-3 track.

That said, giving bad advice as you did is a considerably more risky and costly error.

And yes, telling someone to NOT do something that could be advantageous is BAD ADVICE.

[pushbrk 12,824]

looking at my timeline, do u guys suggest that i fill out the K3 (I-129F) application? or is it too late in the game?

I would say it's too late to do any good but the I-129F is a petition, not an application.

[Ling Ling 22]

looking at my timeline, do u guys suggest that i fill out the K3 (I-129F) application? or is it too late in the game?

I'd say that there's still a chance that petitioning for a K-3 (via the I-129f) could benefit your case.

[000 0]

I'd suggest you consider the CR1 spouse visa path and skip the K3 though, particularly if working anytime soon after arrival is important to him.

I'd say skipping the K-3 is a bad idea.

OBVIOUSLY the CR-1 is a better visa than a K-3, however, there is an ADVANTAGE to pursuing a K-3.

There may have been a time when the K-3 slowed down the CR-1, but I was in and out of USCIS in 39 days, and have seen others in and out in as little as 21 days. The ADVANTAGE of applying for the K3 (which is free to apply for) is that since it passes through the NVC and goes to the Embassy,

you may be able to get an interview date sooner (than you would waiting for the CR-1 to complete), and then when the CR-1 catches up (is approved) you can contact the Embassy to switch the K-3 interview for your CR-1.

Yes, there is a chance that it won't happen this way...nothing is promised...but it's happened this way a LOT lately, and I think if it does come out that way, it will be an ADVANTAGE you will appreciate not having passed up.

It's a good plan but what you describe doesn't include "applying for a K3 visa". It includes filing the I-129F petition that could potentially allow applying for a K3 visa. Applying for the visa is NOT FREE but filing the petition is.

Don't get stuck on semantics. Just as you had mentioned, the CR-1 "Path", I too was referring to a pursuit of the K-3 "Path", which as you noted, the petition is free (and my advice is to only pursue the petition not going through to a K-3 visa application per se).

Glad you agree that it's a good plan....don't see how any intelligent person could think otherwise.

Well since you filed with CSC 39 days is not unheard of with any petition, could be an I-130 too at CSC. The K3 visa is not really faster at the USCIS level, it saves time at NVC, but with the use of the online payment system you can be done with NVC as a CR1 applicant in less than 30 days. Also it isnt a given that once your I-129f is approved that your I-130 will be sent to the NVC & as I have said before a K3 applicant had their I-129f approved almost a month before my I-130 and was one the way to the consulate when my I-130 reached NVC. My wifes CR1 interview was 3 days before the K3 applicants who had been approved 2 months and some days before my wifes documents were sent to the consulate. We were both going through the Brazilian consulate. So K3 doesnt mean that it iwll be faster anymore because as you can see from my CR1 vs a K3 applicant at the same embassy it is not all the time. And again you dont know if they will forward the I-130 with the I-29f to NVC or not , so once you start K3 you might be stuck with it. So Pushbrk gave good advice, its just a matter of how you look at things, what your willing to risk, and what is most important to you.

[Ling Ling 22]

Well since you filed with CSC 39 days is not unheard of with any petition, could be an I-130 too at CSC. The K3 visa is not really faster at the USCIS level, it saves time at NVC, but with the use of the online payment system you can be done with NVC as a CR1 applicant in less than 30 days. Also it isnt a given that once your I-129f is approved that your I-130 will be sent to the NVC & as I have said before a K3 applicant had their I-129f approved almost a month before my I-130 and was one the way to the consulate when my I-130 reached NVC. My wifes CR1 interview was 3 days before the K3 applicants who had been approved 2 months and some days before my wifes documents were sent to the consulate. We were both going through the Brazilian consulate. So K3 doesnt mean that it iwll be faster anymore because as you can see from my CR1 vs a K3 applicant at the same embassy it is not all the time. And again you dont know if they will forward the I-130 with the I-29f to NVC or not , so once you start K3 you might be stuck with it. So Pushbrk gave good advice, its just a matter of how you look at things, what your willing to risk, and what is most important to you.

The fact remains that there is no risk in filing an I-129f. There's no such thing as being STUCK with it. You either pursue it or you don't.

Once the I-129f is approved, you can decide to continue the path or delay the path. Even if you delay the K-3 path until the CR-1 catches up,

you could end up getting an interview date considerably sooner than if not petitioning for a K-3. So there is an OBVIOUS advantage to the K-3 "path"

as opposed to the advice of ignoring it.

Interesting that you failed to mention that in YOUR CASE, you had an expedited petition. Kind of makes a difference in comparing to other case timelines...don't you think?

[000 0]

Actualy, expedite was at USCIS level, and it is interesting that you really dont know how things work, even if you file an expedite with USCIS you still have to file for one with NVC, which I did not, if I had I wouldnt have been at NVC, expedites with NVC are sent straight to the consulate. So when dealing with NVC & interview timelines no it doesnt make a difference in comparing timelines, nice try though and either way if the K3s 129f was approved 1 month before the I130 i filed for my wife I dont really think an expedite matters since it was at the USCIS level and they still left USCIS a month before me.

Edited September 4, 2008 by Guest

[Ling Ling 22]

Actualy, expedite was at USCIS level, and it is interesting that you really dont know how things work, even if you file an expedite with USCIS you still have to file for one with NVC, which I did not, if I had I wouldnt have been at NVC, expedites with NVC as sent straight to the consulate. So when dealing with NVC timelines no it doesnt make a difference in comparing timelines, nice try though and either way if the K3s 129f was approved 1 month before the I130 i filed for my wife dont really think an expedite matters.

Interesting that you really don't know how things work, and why a K-3 should be faster to the Embassy than a standard CR-1.

We don't know why the K-3 case was slower to interview than your CR-1. Assuming they both reached NVC at the same time, the K-3, it just passes through NVC and goes to the Embassy, then it's up to the applicant to notify them of "Applicant Readiness" in order to obtain an interview. With the CR-1, you have to wait for a "Case Complete" from NVC, and THEN you will be given an interview date. Clearly IF a K-3 and CR-1 petition are approved at the same time, one would be able to get a K-3 appointment sooner than having to wait for the CR-1 to complete. Clearly if a K-3 was approved a month prior to your I-130 and passed through to the Embassy, and their interview was later than yours, THEY (the K-3 applicant) had a delay in notification of "Applicant Readiness" to the Embassy. Or am I missing something here?