K-3 and I-130 Questions

[T_Mayhew 0]

I have read that with the K-3, once the I-130 is sent in I can bring my wife here (with certain limitations). This doesn't seem right to me. It makes more sense to me that possibly once its approved, then I could bring her here while we wait for the rest of the approvals. Could someone just cliff note the process of filing for a K-3 and the soonest possible time my wife and I could be together.

Other Questions:

-Could I do a Direct Consular Filing (DCF) here at my local Service Center? (Lawyer told me I could, because my wife would already have an Alien Registration #)

-Lawyer told me that if we file within 90 days of being married, its an automatic 'red flag' for fraud. Is there any truth to this, if so, anyone been through it to see if ts worth the 90 day wait?

Any advice that people have would be greatly appreciated in this stressful time. Thanks VJ Family-

-Tim & Katia

[Christi and Ian 24]

I have read that with the K-3, once the I-130 is sent in I can bring my wife here (with certain limitations). This doesn't seem right to me. It makes more sense to me that possibly once its approved, then I could bring her here while we wait for the rest of the approvals. Could someone just cliff note the process of filing for a K-3 and the soonest possible time my wife and I could be together.

Other Questions:

-Could I do a Direct Consular Filing (DCF) here at my local Service Center? (Lawyer told me I could, because my wife would already have an Alien Registration #)

-Lawyer told me that if we file within 90 days of being married, its an automatic 'red flag' for fraud. Is there any truth to this, if so, anyone been through it to see if ts worth the 90 day wait?

Any advice that people have would be greatly appreciated in this stressful time. Thanks VJ Family-

-Tim & Katia

The K-3 Visa is obsolete. When the NVC receives the I-130 and I-129F petitions together, they will send the I-129F back to the Service Center to be administratively closed.

[pushbrk 12,569]

I have read that with the K-3, once the I-130 is sent in I can bring my wife here (with certain limitations). This doesn't seem right to me. It makes more sense to me that possibly once its approved, then I could bring her here while we wait for the rest of the approvals. Could someone just cliff note the process of filing for a K-3 and the soonest possible time my wife and I could be together.

Other Questions:

-Could I do a Direct Consular Filing (DCF) here at my local Service Center? (Lawyer told me I could, because my wife would already have an Alien Registration #)

-Lawyer told me that if we file within 90 days of being married, its an automatic 'red flag' for fraud. Is there any truth to this, if so, anyone been through it to see if ts worth the 90 day wait?

Any advice that people have would be greatly appreciated in this stressful time. Thanks VJ Family-

-Tim & Katia

K3 is dead. You either haven't read or don't understand the guides. Your local service center is not a Consulate.

[Mononoke28 134]

I have read that with the K-3, once the I-130 is sent in I can bring my wife here (with certain limitations). This doesn't seem right to me. It makes more sense to me that possibly once its approved, then I could bring her here while we wait for the rest of the approvals. Could someone just cliff note the process of filing for a K-3 and the soonest possible time my wife and I could be together.

Other Questions:

-Could I do a Direct Consular Filing (DCF) here at my local Service Center? (Lawyer told me I could, because my wife would already have an Alien Registration #)

-Lawyer told me that if we file within 90 days of being married, its an automatic 'red flag' for fraud. Is there any truth to this, if so, anyone been through it to see if ts worth the 90 day wait?

Any advice that people have would be greatly appreciated in this stressful time. Thanks VJ Family-

-Tim & Katia

Filing for either, the K3 and the CR1, can take just as long to process for most embassies, so there's no point in filing for a K3 which many people mistakenly have thought it was a lot faster. Now the other bad thing about it is that you can file for it but if the NVC gets both petitions, the I-129F and I-130, at the same time, they will process only your I-130 for a CR1 anyway. So there's no point in filing for a K3 at all.

The lawyer you consulted gave you wrong information. You can file for DCF only if you have lived in the country of the beneficiary for more than 6 months. You would file directly with the embassy (consulate) to do this, not the service center, thus the name Direct Consular Filing.

As for the 90 day waiting period, again, this lawyer gave you what he probably thought was correct information but in reality is not. Many people file as soon as they get married and haven't had any issues whatsoever. I filed for my husband 3 weeks after we got married and that was only because I had to wait until I arrived in the US, otherwise, I would have filed the moment our marriage certificate was hot off the press.

Diana