Need Help with Filing I-130

[Mr.Lampe 2]

Hi everyone I was curious what is the quickest way for myself to allow my wife and child to come to the US. I am petitioning her with the I-130 as I understand it and I'm not sure how many I submit. I believe I only need to submit the one for her along with one G-325a for myself and one for my wife. Our child is not due until April 14-20, 2011 and the Dept of Homeland Security didn't really help me with this issue. I believe from my research if I submit the I-130 that once the child is born and I apply for a K3 visa the baby can also be included under a K4 visa. If this is correct please let me know. Also I was curious how long does it take for the K3 to become available to use for her to come to the US in waiting for the petition to be approved. Side note, I'm active duty military so I'm not 100% if there is a quicker way of doing all this or not. If so please let me know. Thank you in advance everyone.

-Ryan

[pushbrk 12,824]

Hi everyone I was curious what is the quickest way for myself to allow my wife and child to come to the US. I am petitioning her with the I-130 as I understand it and I'm not sure how many I submit. I believe I only need to submit the one for her along with one G-325a for myself and one for my wife. Our child is not due until April 14-20, 2011 and the Dept of Homeland Security didn't really help me with this issue. I believe from my research if I submit the I-130 that once the child is born and I apply for a K3 visa the baby can also be included under a K4 visa. If this is correct please let me know. Also I was curious how long does it take for the K3 to become available to use for her to come to the US in waiting for the petition to be approved. Side note, I'm active duty military so I'm not 100% if there is a quicker way of doing all this or not. If so please let me know. Thank you in advance everyone.

-Ryan

If you had read even one thread in this K3 forum before posting, you would already know the K3 and K4 visas are no longer available. If the child is YOURS and YOU are a qualifying US Citizen, you get the child a US passport, not a visa. Start by clicking on the word "Guides" at the top of any page here.

[Mr.Lampe 2]

If you had read even one thread in this K3 forum before posting, you would already know the K3 and K4 visas are no longer available. If the child is YOURS and YOU are a qualifying US Citizen, you get the child a US passport, not a visa. Start by clicking on the word "Guides" at the top of any page here.

The information in this forum is convuluted. Also I spoke with USCIS last week and they were the ones who suggested the K3/K4 visas for me. My question was in reference in getting my family to the US in the quickest way possible. As for getting my child a passport I will once she is born... You once again WERE NOT reading what my post was about. Lastly your response is VERY offensive and isn't helpful in the slightest.

[pushbrk 12,824]

The information in this forum is convuluted. Also I spoke with USCIS last week and they were the ones who suggested the K3/K4 visas for me. My question was in reference in getting my family to the US in the quickest way possible. As for getting my child a passport I will once she is born... You once again WERE NOT reading what my post was about. Lastly your response is VERY offensive and isn't helpful in the slightest.

Then bear in mind that USCIS doesn't issue visas. The Dept. of State, through Consular services does. The quickest way possible is found and explained in detail where I told you to find it, by clicking on the word "Guides" at the top of any page here. As you read those guides and form instructions, please keep in mind that neither the K3 or K4 visas are currently available and have not been for over a year. When you read USCIS sources or call USCIS, bear in mind, they don't issue visas, so anything they say about the K3 or K4 visas is currently simply WRONG.

[canadian_wife 1,818]

Push is right, K3/k4 no longer available. No matter what USCIS says. USCIS will accept, process and even approve the I-129F for the K3. NVC will close it. THis has been the case for a year now - don't think your case will be any different

Regardless, foreign consulates will not issue a visa to a child who has claims to US citizenship so you wouldn't need a K3 visa anyway, you would file for the child's US passport (occasionally a DNA test is necessary - as well as proof of you meeting the residency requirements)

Click on the word "guides" up at the top

You will file the I130 petitiong for your wife. uSCIS does not recognize unborn children as people so you don't need to list anything for your daughter until she is born (as in don't list it where it says 'children of your spuose because the child isn't a child yet). You will have to increase your financial requirement once the child is born on the I864 however to a household of 3

Good luck

[Darnell 8,478]

IF YOU meet the 5 year USCitizenship requirement (among other things)

then

the child, after being born - won't need any visa at all - instead - will need a US Passport issued through the CRBA program at the local US Embassy.

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***

[caly 48]

Side note, I'm active duty military so I'm not 100% if there is a quicker way of doing all this or not. If so please let me know. Thank you in advance everyone.

-Ryan

Hi Ryan,

You've been given great advice by everyone else, so I'm just going to address this point. You may be eligible to apply for a military expedite. Read this thread for more information about the military expedite.

Good luck!

[TF1 0]

Okay wait... I'm confused... I looked at the guides too and didn't see any mention of the K-3 visa being unavailable. Why is it no longer available? And is there something replacing it? I'm not finding where all this information is. The guides didn't say they were no longer available.

[Ryan H 3,812]

Okay wait... I'm confused... I looked at the guides too and didn't see any mention of the K-3 visa being unavailable. Why is it no longer available? And is there something replacing it? I'm not finding where all this information is. The guides didn't say they were no longer available.

When you file an I-129F in addition to an I-130, the USCIS will tie the two together (they do so by taking your I-130 out of its current place in the queue and put it with the I-129F that you just submitted).

USCIS often approves both petitions at the same time and sends them on to the NVC.

When the NVC receives both petitions, they administratively close the I-129F leaving only the I-130 active.

The K3 is still officially on the books, that's why you still see it on most government websites. Some USCIS personnel, attorneys, visa consultants, even consular personnel may not be familiar with the NVC procedure of administratively closing an I-129F filed in conjunction with an I-130 if the I-130 has been approved.

In a nutshell, the K3 may be officially on the books, however in current practice, it is nonexistent.

[canadian_wife 1,818]

http://travel.state.gov/visa/immigrants/types/types_2993.html

Helpful reading

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

The I130 and I129F have been being approved on the same day for years. Now NVC will close the I129F making the K3 no longer available.

Good luck

[TF1 0]

Oh okay thank you! I'm really new at all this, so I'm sure I'll ask a bunch of stupid questions as this goes along. LOL