K-3 Visa ... Does it really do what it says it does?! (or too good to be true?)

[NYCGirl18 1]

Hi everyone,

The below text is from the USCIS Web site:

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States.

From what I understand, the purpose of this visa is basically to allow the spouse of a USC to enter (live/work in) the US while their application for the CR-1 visa is being processed. Please correct me if I'm wrong, but that's what it sounds like to me.

So ... under this assumption, I have a few questions:

- Does it really work the way it says it does? Any success stories of people who have applied and gotten their spouses over here sooner?!

- How long does it take for the I-129 form to be approved? Are we talking weeks/months?

- How quickly after approval can the spouse come to the US?

- How quickly after the spouse enters the US can they work?

- Do they need to leave the US at any point in time?

- How does it work switching over from the K-3 to the CR-1?

I don't know how I hadn't heard about this sooner! If the processing time for this visa is quick, this may just solve a lot of my problems ... but please, please, please let me know if it's a waste of time. Thanks, everyone! Much appreciated.

[Harpa Timsah 13,258]

Sorry K-3 no longer exists, and your interpretation is off. It would still take the person 6-10 months to be in the US with that visa. This was started when the spousal visa would take YEARS. Now that it takes the same for K-3 or CR-1, the NVC closes the K-3 path. There is no time saved.

[Cathi 5,744]

k-3 is obsolete

[NYCGirl18 1]

Sorry K-3 no longer exists, and your interpretation is off. It would still take the person 6-10 months to be in the US with that visa. This was started when the spousal visa would take YEARS. Now that it takes the same for K-3 or CR-1, the NVC closes the K-3 path. There is no time saved.

Wow, thanks - good information to know. You'd think they would update their Web site then, it's very misleading...

[Inky 1,110]

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

No it does not allow the person to come to the USA and live while it is pending. Absolutely not.

[NYCGirl18 1]

No it does not allow the person to come to the USA and live while it is pending. Absolutely not.

Gah! Why does the website say that then?! They really should stop misleading people and getting people's hopes up! I don't understand how they are getting away with listing false information?!

[Inky 1,110]

Gah! Why does the website say that then?! They really should stop misleading people and getting people's hopes up! I don't understand how they are getting away with listing false information?!

I don't know why but quite a few people have been coming on VJ as new members asking about this same thing. Its really sad because people come so excited on here about it only to have themselves end up hurt.

But consolation is the CR-1 is faster and costs less.. also get a green card on entry which is pretty important to work and travel right away.

[NYCGirl18 1]

I don't know why but quite a few people have been coming on VJ as new members asking about this same thing. Its really sad because people come so excited on here about it only to have themselves end up hurt.

But consolation is the CR-1 is faster and costs less.. also get a green card on entry which is pretty important to work and travel right away.

Oh wow! Well, glad I'm not the only one who was thrown off by it! It is just so strange to me that a government organization could let something like that slide. That's a pretty huge mistake. Part of what I do for work entails updating websites daily whenever information changes ... it's not that hard. Honestly. Removing that page would probably take 5 minutes TOPS. Probably a lot easier than having to deal with people like me getting confused by it and them having to answer our questions. *sigh*

And you're right ... what a letdown. =\

The CR-1 would definitely be the way we go, I think (if my boyfriend's E-2 application gets denied for not having enough funds in the account). The CR-1 processing time still varies from case to case / person to person though, right? Any idea how long it would take for someone from the UK? Or is there no set way to tell really?

[Inky 1,110]

The CR-1 would definitely be the way we go, I think (if my boyfriend's E-2 application gets denied for not having enough funds in the account). The CR-1 processing time still varies from case to case / person to person though, right? Any idea how long it would take for someone from the UK? Or is there no set way to tell really?

Take a peek in the UK forums we have on here. Seems like some go through pretty quickly as long as they stay on the ball with the process and papers etc. They don't seem to have a long wait time as some other countrys do for the interview times but yes it does range and change from month to month.

http://www.visajourney.com/forums/forum/99-united-kingdom/

[NYCGirl18 1]

Take a peek in the UK forums we have on here. Seems like some go through pretty quickly as long as they stay on the ball with the process and papers etc. They don't seem to have a long wait time as some other countrys do for the interview times but yes it does range and change from month to month.

http://www.visajourney.com/forums/forum/99-united-kingdom/

Oh okay, that's really helpful actually! Looking at the link now. Thanks!

[Harpa Timsah 13,258]

Well, when this visa was viable, it did (sort of) let the immigrant come and live in the US while the visa is processing. The I-130 would take many years, and the K-3 based on an I-129F would be available in less than one year. So, they could come in and wait for the I-130 to be approved after they got the K-3 visa.

NYCGirl, the reason it is still on their website is a turf war. You can try for it, but another agency will purposely close the i-129F, causing you to go back on the CR-1 path.

[NYCGirl18 1]

Well, when this visa was viable, it did (sort of) let the immigrant come and live in the US while the visa is processing. The I-130 would take many years, and the K-3 based on an I-129F would be available in less than one year. So, they could come in and wait for the I-130 to be approved after they got the K-3 visa.

NYCGirl, the reason it is still on their website is a turf war. You can try for it, but another agency will purposely close the i-129F, causing you to go back on the CR-1 path.

Wow ... what a pain!! If they are going to be that ####### about staying on the CR-1 path, they should just take down the page on their website about the K-3 visa so people don't keep getting their hopes up!

Just got off the phone with my boyfriend and had to let him know that this type of visa is no longer an option. So not fair, LoL.

[Karee 4,190]

Wow ... what a pain!! If they are going to be that ####### about staying on the CR-1 path, they should just take down the page on their website about the K-3 visa so people don't keep getting their hopes up!

Just got off the phone with my boyfriend and had to let him know that this type of visa is no longer an option. So not fair, LoL.

The issue isn't with USCIS, it's with NVC. USCIS will approve both the I-129F and I-130 and send them to NVC at the same time. NVC then closes the I-29F. It's kind of a situation where one agency doesn't know what the other is doing.

[Harpa Timsah 13,258]

Wow ... what a pain!! If they are going to be that ####### about staying on the CR-1 path, they should just take down the page on their website about the K-3 visa so people don't keep getting their hopes up!

Just got off the phone with my boyfriend and had to let him know that this type of visa is no longer an option. So not fair, LoL.

Maybe the message isn't getting through, but even when this was an option, it took the same amount of time that a CR-1 does now. The beneficiary couldn't immediately move and wait, they still had to wait 6-10 months or whatever for the K-3 visa. The CR-1 is a far superior visa anyway, so you should be happy The time apart is the same.

[NYCGirl18 1]

The issue isn't with USCIS, it's with NVC. USCIS will approve both the I-129F and I-130 and send them to NVC at the same time. NVC then closes the I-29F. It's kind of a situation where one agency doesn't know what the other is doing.

Ohhhh really? Well that is even more frustrating! Can't they just communicate with each other? It's easy. All they have to is pick up a phone. I mean, is that proper protocol? To just cancel out the I-129 without even looking into it further? Or do they do that now because as other commenters said, the K-3 is just no more (nonexistent)?