K-3 ? (Sorry if answered)

[u0576177 0]

This question on the 129F form:

18. Has your fiancé(e) met and seen you within the two-year period immediately receding the filing of this petition?

My question (because I can't seem to find it anywhere I look in regards to the K3):

Is there still a two-year requirement when applying for the K3 Visa? I have not met my fiance beyond two years at this point (and won't until 2010) so I wanted to ask if marriage gets rid of this requirement.

Everywhere I looked didn't mention the two years so I figured I'd check with the seasoned community that seems to reside here. Thank you for all of your help, and I apologize if this has been answered somewhere.

[ronald dallas 0]

This question on the 129F form:

18. Has your fiancé(e) met and seen you within the two-year period immediately receding the filing of this petition?

My question (because I can't seem to find it anywhere I look in regards to the K3):

Is there still a two-year requirement when applying for the K3 Visa? I have not met my fiance beyond two years at this point (and won't until 2010) so I wanted to ask if marriage gets rid of this requirement.

Everywhere I looked didn't mention the two years so I figured I'd check with the seasoned community that seems to reside here. Thank you for all of your help, and I apologize if this has been answered somewhere.

We were married 10-22-2007, I sent in the I-130 in november and the I-129F in January of 2008

My wifes visa was approved january, 2009

[pushbrk 12,569]

This question on the 129F form:

18. Has your fiancé(e) met and seen you within the two-year period immediately receding the filing of this petition?

My question (because I can't seem to find it anywhere I look in regards to the K3):

Is there still a two-year requirement when applying for the K3 Visa? I have not met my fiance beyond two years at this point (and won't until 2010) so I wanted to ask if marriage gets rid of this requirement.

Everywhere I looked didn't mention the two years so I figured I'd check with the seasoned community that seems to reside here. Thank you for all of your help, and I apologize if this has been answered somewhere.

I answered "N/A Married". It seems to have worked as my wife arrived on her K3 visa in August 2006 and now enjoys her 10 year green card.

[u0576177 0]

To be more specific, I met Melissa September 2007, and I won't see her for the first time until June 2009. That is why I ask. If I were to marry her on my visit to New Zealand in June, would this make her eligible for the I-129F? Thanks for the quick replies. I'm already seeing it a bit more clearly.

[Dakine 26]

It states clearly in the I-129F instructions.

This form may be used to obtain a K-3 visa for your alien spouse. Fill out the form as directed, except assume that "fiancé" or "fiancé(e)" means "spouse." Answer Questions B.17 and B.18 by stating "N/A." Note that filing this form is only necessary to facilitate the entry of your spouse as a nonimmigrant.

[Sinergy 3]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Edited January 29, 2009 by Sinergy

[pushbrk 12,569]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

[Sinergy 3]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

However they still need to meet in person...that was the whole point

Edited January 29, 2009 by Sinergy

[pushbrk 12,569]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

However they still need to meet in person...that was the whole point

Nevertheless, it takes more than a marriage to be eligible to have an I-129F filed in your behalf and an approved I-129F followed by a successful application and interview to be eligible for a K3 visa. Words mean things. There's no time like the present for the OP to have the correct information and terminology and no time like the present to start focusing on the appropriate visa process instead of assuming K3 is still "it". It rarely is these days.

[Sinergy 3]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

However they still need to meet in person...that was the whole point

Nevertheless, it takes more than a marriage to be eligible to have an I-129F filed in your behalf and an approved I-129F followed by a successful application and interview to be eligible for a K3 visa. Words mean things. There's no time like the present for the OP to have the correct information and terminology and no time like the present to start focusing on the appropriate visa process instead of assuming K3 is still "it". It rarely is these days.

.......

[imon 0]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

I'm a little confused, what do you mean that the K3 is a "dead" visa category?

[12345678 1]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

However they still need to meet in person...that was the whole point

Nevertheless, it takes more than a marriage to be eligible to have an I-129F filed in your behalf and an approved I-129F followed by a successful application and interview to be eligible for a K3 visa. Words mean things. There's no time like the present for the OP to have the correct information and terminology and no time like the present to start focusing on the appropriate visa process instead of assuming K3 is still "it". It rarely is these days.

In DS- 156 there is a question which states that if anyone filed an Immigration Petition for me, if yes mention who....

In the example form in VJ it seems these forms are mainly for K1 visas... and that why they clicked on "NO".

And I ticked on YES and mentioned my husband filed for me... I believe it is correct..is not it?

Sonia

[pushbrk 12,569]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

However they still need to meet in person...that was the whole point

Nevertheless, it takes more than a marriage to be eligible to have an I-129F filed in your behalf and an approved I-129F followed by a successful application and interview to be eligible for a K3 visa. Words mean things. There's no time like the present for the OP to have the correct information and terminology and no time like the present to start focusing on the appropriate visa process instead of assuming K3 is still "it". It rarely is these days.

In DS- 156 there is a question which states that if anyone filed an Immigration Petition for me, if yes mention who....

In the example form in VJ it seems these forms are mainly for K1 visas... and that why they clicked on "NO".

And I ticked on YES and mentioned my husband filed for me... I believe it is correct..is not it?

Sonia

Yes, that is correct.

[pushbrk 12,569]

I think the OP is asking if the 2 yr requirment is the same for K-3 as it is for K-1.....Yes, you need to meet in person atleast once if you are filling out the I-129F......and ofcorse if you are filling out for a K-3 you have to be married, and for that you will have been together in person. So basically, either way you have to meet

so in June 2009 when you go to New Zealand to meet her IRL....she will be elegible for I-129F and once your married elegible for the K-3

Married people must first file an I-130 petition and get a reciept before they are eligible to file an I-129F. Doing so is generally a bad idea under the current immigration procedures. K3 is really about 90% a "dead" visa category.

I'm a little confused, what do you mean that the K3 is a "dead" visa category?

K3 was originally intended to reunite husbands and wives faster, much faster. Under current procedures (with rare exceptions) there is no timeline advantage to speak of and the costs have become significantly higher to take the K3 route instead of the CR1 or IR1, with little if any time savings. It's the most frequently discussed subject in the K3 forum. Check it out.

[rin and john 71]

K3 was originally intended to reunite husbands and wives faster, much faster. Under current procedures (with rare exceptions) there is no timeline advantage to speak of and the costs have become significantly higher to take the K3 route instead of the CR1 or IR1, with little if any time savings. It's the most frequently discussed subject in the K3 forum. Check it out.

Respectfully disagree on the bold statements above.

Looking at the data here on VJ, it still appears that a K-3 is 2 to 4 months 'faster' than a CR-1/IR-1 ("NOA2 to interview" for the past three months is 86 days for K-3s and 209 days for CR-1s in the "immigration timelines" stats). For some, those 2 to 4 months would be deemed a timeline advantage. The additional cost of going the K-3 route vs. CR-1 route is between $126 to $671 depending on when EAD and AOS are filed.

Factors to consider before making the decision:

1) How long have you been married? If you go for the immigrant visa and it is less than two years, your spouse will get a conditional GC. More than two years and your spouse will get a 10 year GC.

2) Will your spouse want to work in the USA (within the first two years of arrival)? With the CR-1/IR-1 they can work right away. With the K-3, they will have to file for an EAD. This can be done either before adjusting status (for a price), or along with adjusting status (EAD fee waived).

With regards to cost, it depends on your answers to 1) and 2) above):

A K3 costs $355 for the I-130, $0 for the I-129F, and $131 for the visa (at the embassy); $486 total. The IR-1/CR-1 costs $355 for I-130 plus $70 for AOS bill plus $400 for IV bill ; $825 total.

With the CR-1 your spouse can get a SSN and work upon arrival in the USA. With a K3, no SSN or EAD. To get them for the K-3, you would have to file either the EAD ($340) or AOS, $1,010 cost (EAD $0 when filed concurrently or subsequent to AOS). However, if your spouse will not work, then the costs between the two are not substantially different.

If you file for IR-1/CR-1, then two years after your spouses arrival you would have to file I-751 to lift conditions at a cost of $545 (assumes the original GC was a 2-yr conditional card). Total cost from start to 10 yr GC would be $1,370.

If you can get the K-3 and wait until your second wedding anniversary, you avoid receiving a conditional green card and lifting conditions. That means only $1,010 for AOS resulting in a ten year GC. The total for I-130 filing to 10 yr GC would be $1,496. ($126 - well worth it to most people for the potential to be reunited 2 to 4 months sooner).

If the K3 route is chosen plus AOS upon arrival (to get SSN and EAD) then the total would be $486 plus $1,010 plus $545 (for lifting conditions); a total of $2,041. An alternative would be to file K-3 ($486), then EAD ($340), then AOS ($1,010) around second wedding anniversary - total of $1,836. These options are $671 and $466 more, respectively, than the CR-1. Again, potentially worth it for the 2 to 4 month time savings to some applicants.