Difference between I-130 and K3 forms - Help!

[B Houthuijzen 0]

Hi,

Can anyone tell me the difference between the I-130 and K3 forms to bring my spouse to the USA and which one is better to use? I live in the Netherlands (I am a US citizen) and my husband (who is Dutch) wants to move to the US, I've lived here for 13 years and since I have no financial ties (no bank account, credit cards, etc.) I have no clue how to get started.

Thanks

[Canerican 242]

You would use the forum that is for the CR-1 visa as the K3 is no longer in existence. I understand that it is on VJ, but it is no longer in existence. You would go the CR-1 route which is the I-130 and here is the link to that guide for people doing DCF: http://www.visajourney.com/content/dcf

[aaron2020 11,651]

Forget about the K-3. It is not faster than the IR-1 visa. The K-3 also requires your spouse to adjust status to get a green card. That's another process, another fee, and he will not be able to work for 2-3 months and he cannot leave the US for for 2-3 months without abandoning the entire process including the K-3. You would have to file for another K-3 or a IR-1 if he leaves within the period. So, forget it.

File the I-130. You can file at the US Embassy since Direct Consular Filings (DCF) are allowed in the Netherlands.

Brush up on the I-864 financial requirements. You will need to meet them in order for your husband to qualify for an immigration visa. Have you been filing your US tax returns for the last 3 years as required?

[B Houthuijzen 0]

Forget about the K-3. It is not faster than the IR-1 visa. The K-3 also requires your spouse to adjust status to get a green card. That's another process, another fee, and he will not be able to work for 2-3 months and he cannot leave the US for for 2-3 months without abandoning the entire process including the K-3. You would have to file for another K-3 or a IR-1 if he leaves within the period. So, forget it.

File the I-130. You can file at the US Embassy since Direct Consular Filings (DCF) are allowed in the Netherlands.

Brush up on the I-864 financial requirements. You will need to meet them in order for your husband to qualify for an immigration visa. Have you been filing your US tax returns for the last 3 years as required?

Hi Aaron

Thank you for the information regarding the forms. I emailed the US Embassy here in The Netherlands and they stated both times they could not help that I have to do everything through USCIS. On the list the USCIS has for International offices Netherlands is not on the list, the closes office would be London.

Regarding the I-864, my son is going to sponsor my husband so that shouldn't be a problem as he has 3 years of income taxes correct?

So basically to start I need to file the I-130 which I have a few problems getting paperwork especially my divorce papers from 13 years ago. Is there anyway around that since I've been married for 9 years and there was a check done then to make sure I wasn't still married?

[Penguin_ie 5,993]

***** Moving from Bringing Family to CR-1 forum, as that is the visa OP will need ****

You are the spouse/ petitioner are always the primary sponsor. You will need to file taxes or explain why you did not and fill in the I-864. Your son can be joint sponsor.

[NikLR 13,227]

Hi Aaron

Thank you for the information regarding the forms. I emailed the US Embassy here in The Netherlands and they stated both times they could not help that I have to do everything through USCIS. On the list the USCIS has for International offices Netherlands is not on the list, the closes office would be London.

Regarding the I-864, my son is going to sponsor my husband so that shouldn't be a problem as he has 3 years of income taxes correct?

So basically to start I need to file the I-130 which I have a few problems getting paperwork especially my divorce papers from 13 years ago. Is there anyway around that since I've been married for 9 years and there was a check done then to make sure I wasn't still married?

You need those divorce papers. My husband needed to provide his both when we got married and when he sent the I-130 petition. It just needs to be a photocopy. You may be able to email the court you went through the divorce with and they could send you a certified copy (or perhaps an email copy) of the final divorce decree.

Also you have to do this the traditional route of sending the I-130 to the chicago lockbox where they will forward it to the National Benefits Center (likely the one in Kansas.) There is no DCF in the Netherlands. I think the eventual interview would be at the consulate in Amsterdam. http://amsterdam.usconsulate.gov/immediate_relatives.html

[Ryan H 3,812]

File the I-130. You can file at the US Embassy since Direct Consular Filings (DCF) are allowed in the Netherlands.

Incorrect, The Netherlands does not appear on the list of USCIS international offices (linked below) and since it is not on that list, DCF is unavailable there.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Another page from the US Embassy in Amsterdam that specifically states about 3/4 of the way down the page in bold there is no USCIS office there: http://amsterdam.usconsulate.gov/immediate_relatives.html

Edited August 30, 2013 by Ryan H

[B Houthuijzen 0]

You need those divorce papers. My husband needed to provide his both when we got married and when he sent the I-130 petition. It just needs to be a photocopy. You may be able to email the court you went through the divorce with and they could send you a certified copy (or perhaps an email copy) of the final divorce decree.

Also you have to do this the traditional route of sending the I-130 to the chicago lockbox where they will forward it to the National Benefits Center (likely the one in Kansas.) There is no DCF in the Netherlands. I think the eventual interview would be at the consulate in Amsterdam. http://amsterdam.usconsulate.gov/immediate_relatives.html

Thanks for the information, regarding the divorce papers I've been trying to get them from California but all I get is the run around no one seems to know anything about them and I am having the same difficulty getting a copy of my birth certificate, the vital records company says they can't find me so I have to send a picture of my passport and sign a form which seems a bit silly :-/

[aaron2020 11,651]

Thanks for the information, regarding the divorce papers I've been trying to get them from California but all I get is the run around no one seems to know anything about them and I am having the same difficulty getting a copy of my birth certificate, the vital records company says they can't find me so I have to send a picture of my passport and sign a form which seems a bit silly :-/

Why are you using a company?

Sorry about the wrong info on DCF.

For your divorce papers, request a certified copy from the court where you got divorced. If you divorced in a state court in San Diego, then that's where you make your request.

For your birth certificate, you request it from the local recorder's office in the place where you were born. My son wa born in San Diego, and I can get a copy of his birth certificate at the local recorder's office.

Most of these records can be requested online. It's really easy to get.

[Darnell 8,478]

I vote for I-130 usage, totally disregarding any pen to paper on the I-129F form.