K3 Clarification

[andrewmeier 0]

Hey everyone,

I'll keep this brief... I'm about to file for K3 (according to the lawyer we'll have to go the I-129F route rather than the I-130 route as we're newly weds and really don't enough supporting evidence of living together). Anyway I was just wondering about processing time stories. Lawyer number 1 said a 7-8 month wait from filing till the interview, lawyer number two tried to prepare us for 12-15 months). On the plus side this consulate in Switz is really fast once everything makes it there...

Anyway, any thoughts? Stories? I need a pick-me-up.

Thanks.

[Alt name 1]

I'd go with lawyer 1. Check the timelines......6-8 months seems to be standard. If you look, lawyer 2 is probably talking about an IR1 which statistically takes longer.

Hey everyone,

I'll keep this brief... I'm about to file for K3 (according to the lawyer we'll have to go the I-129F route rather than the I-130 route as we're newly weds and really don't enough supporting evidence of living together). Anyway I was just wondering about processing time stories. Lawyer number 1 said a 7-8 month wait from filing till the interview, lawyer number two tried to prepare us for 12-15 months). On the plus side this consulate in Switz is really fast once everything makes it there...

Anyway, any thoughts? Stories? I need a pick-me-up.

Thanks.

[andrewmeier 0]

What's an IR1? Same thing as I-130?

[Bassi and Zainab 1]

What's an IR1? Same thing as I-130?

No, you can do both if you are married but the K3 is usually faster. However, the K3 requires an adjustment of status once you are in the US to allow for permanent residency where the CR1/IR1 gives you the permanent residency through the process.

[Alt name 1]

OH, sorry, yes.

Just a thought, in this, a lawyer might be a waste of time and money. The process isnt difficult.......

Idle thought only.

What's an IR1? Same thing as I-130?

[andrewmeier 0]

Thanks guys. I know I probably don't need a lawyer (an expensive one too), but I tend to get a little paranoid about stuff like this, and having a lawyer would help me deal... Not that I should count on it, but are these things always a 6 month minimum to interview or do people totally luck out sometimes and have it process way faster?

[andrewmeier 0]

Another thought (hence the paranoia), how often are K3s denied?

[Pinay Wife 47]

(according to the lawyer we'll have to go the I-129F route rather than the I-130 route as we're newly weds and really don't enough supporting evidence of living together).

I believe that you cannot file a K3 petition without filing for I-130 first. As newly weds and being that you are in a long distance relationship, USCIS will not be strict with evidence of living together on the petition stage. Marriage contract, photos of the wedding, letters referring to each other as husband and wife, or congratulatory cards and messages from friends would satisfy the requirements of a bona fide marriage.

Read the guide below on how to petition a K3. If you are lucky, the I-130 will catch up with K3 and your wife can interview as IR/CR.

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

[C and J 1]

Anyway I was just wondering about processing time stories. Lawyer number 1 said a 7-8 month wait from filing till the interview, lawyer number two tried to prepare us for 12-15 months). On the plus side this consulate in Switz is really fast once everything makes it there...

Anyway, any thoughts? Stories? I need a pick-me-up.

Thanks.

These are the timeframes we (the ones who filed their petitions between March-May) are encountering at the moment:-

1) The UCSIS are taking the full 6 months to process cases at the moment.

2) It is taking an additional 4-6 weeks for the NVC to receive the completed case and enter the case

3) It takes roughly 1 week for the NVC to forward a K3 to the relevant embassy. (this is where the difference changes: IR1/I130 takes many months to process through this step)

4) How long the embassy takes to schedule your interview depends entirely on which embassy it is. For this you would need to check the regional forum and ask them for the average time from receipt to interview.

A K3 for the UK will take roughly 10 months (maybe more with current delays) so, unfortunately, you are looking at something in the middle of the two estimates you were given.

Edited October 27, 2007 by C and J

[pushbrk 12,569]

(according to the lawyer we'll have to go the I-129F route rather than the I-130 route as we're newly weds and really don't enough supporting evidence of living together).

I believe that you cannot file a K3 petition without filing for I-130 first. As newly weds and being that you are in a long distance relationship, USCIS will not be strict with evidence of living together on the petition stage. Marriage contract, photos of the wedding, letters referring to each other as husband and wife, or congratulatory cards and messages from friends would satisfy the requirements of a bona fide marriage.

Read the guide below on how to petition a K3. If you are lucky, the I-130 will catch up with K3 and your wife can interview as IR/CR.

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

That is correct. Either OP misunderstood or the lawyer is a fool. Newlyweds are just fine to file only the I-130 and follow the CR1 visa path. We've had lots of discussions on this lately.

However, if you choose the K3 route, the two petitions can now be filed together. The guide is out of date on this issue, IMO. The same is true of most lawyers we've been hearing about lately.

The OP will want to carefully weigh the CR1 and K3 features, pros, cons etc. before deciding to file more than an I-130 for a CR1 visa. Again, lots of discussion on this lately.