K3 approved but want to wait to come to US

[SPSguy 18]

Hello Folks,

Let's assume that my wife gets approved for her K3 sooner than expected. My understanding is that K3 has multiple entry into US for two years. Is there a time requirement for her to enter the U.S.?

My wife has a wonderful job with an international company. There's a good possibility that they will extend her contract. We are currently waiting for her K3 but in the event the K3 is approved too soon can she delay entry into US?

Some would suggest that we wait for CR1 VISA and save on the AOS however we chose to get her

VISA approved first and explore other options as they come.

[Divine Mercy 0]

Hello Folks,

Let's assume that my wife gets approved for her K3 sooner than expected. My understanding is that K3 has multiple entry into US for two years. Is there a time requirement for her to enter the U.S.?

My wife has a wonderful job with an international company. There's a good possibility that they will extend her contract. We are currently waiting for her K3 but in the event the K3 is approved too soon can she delay entry into US?

Some would suggest that we wait for CR1 VISA and save on the AOS however we chose to get her

VISA approved first and explore other options as they come.

Yes, she has three months to enter the United States. She can always travel back and forth after that.

[pushbrk 12,877]

Hello Folks,

Let's assume that my wife gets approved for her K3 sooner than expected. My understanding is that K3 has multiple entry into US for two years. Is there a time requirement for her to enter the U.S.?

My wife has a wonderful job with an international company. There's a good possibility that they will extend her contract. We are currently waiting for her K3 but in the event the K3 is approved too soon can she delay entry into US?

Some would suggest that we wait for CR1 VISA and save on the AOS however we chose to get her

VISA approved first and explore other options as they come.

Yes, she has three months to enter the United States. She can always travel back and forth after that.

This is not correct. K3 visa holders generally have two full years of visa validity. So, they can actually wait the full two years, less a day to enter the US. There are exception Countries though so check here to make sure, then please complete your profile as to country etc.

http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html

K1 and IR1/CR1 visa holders must use the visa within six months. Where three months comes into the picture is that a K1 must marry the petitioner within 90 days of entry or go home.

[SPSguy 18]

PUSHBRK,

I appreciate the clarification. That's what I had thought also which prompted my wife and I to consider the K3. In my case, the K3 offers the greatest flexibility.

I wanted her to have the "right" to enter the U.S. as quickly as possibe yet the flexibility to enter when it best for us within the next 2 years.

In that respect the IR1/CR1 and K1 became a disadvantage.

[pushbrk 12,877]

PUSHBRK,

I appreciate the clarification. That's what I had thought also which prompted my wife and I to consider the K3. In my case, the K3 offers the greatest flexibility.

I wanted her to have the "right" to enter the U.S. as quickly as possibe yet the flexibility to enter when it best for us within the next 2 years.

In that respect the IR1/CR1 and K1 became a disadvantage.

You still haven't indicated her home country but you can verify if the two year reciprocity applies, using the link I gave. Sometimes it IS six months.

[SPSguy 18]

It's Cambodia, so it's two years.

[SPSguy 18]

PUSHBRK,

Do you know if it's possible to request/transfer the I-130 U.S filing to Direct consular filing for K3?

Based on our situation I am considering the following:

If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.

In the event that she is approved for I-130 before entering U.S., we may consider filing in Cambodia. If possible. Is required to enter first?

Thanks

[pushbrk 12,877]

PUSHBRK,

Do you know if it's possible to request/transfer the I-130 U.S filing to Direct consular filing for K3?

Based on our situation I am considering the following:

If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.

In the event that she is approved for I-130 before entering U.S., we may consider filing in Cambodia. If possible. Is required to enter first?

Thanks

Once you've filed the I-130 stateside, you can't transfer it to become a DCF filing. It's filed. If you want the I-130 to continue through the Consulate for an immigrant visa, you can do so by filing an I-824 to get it moving again after its initial approval. How long that takes is completely unpredictable. If you ended up with a K3 visa, then the I-130 arrived and she interviewed for and was granted an immigrant visa, it will not matter whether the K3 visa was ever used to enter the US. If used, you return to Cambodia for the immigrant visa interview. If not used, you're already there.

[SPSguy 18]

PUSHBRK, et..,

Two clarifications: Correct me if I've mistaken.

Based on the situation I've described ( assuming she is approved for k3 ) would require me to check OPTION C BELOW requesting USCIS to notify the Cambodian consulate that my wife may apply for an immigrant visa, greencard, etc.. at the Cambodian consulate.

However, shouldn't a decision to file I-824 be based on where USCIS has sent the approved I-130 file at this point? There has been conflicting information that some approved K3 130s are being sent to NVC and some are held at State Department for later AOS. It's my understanding that if the approved I-130 is sent to NVC which gets immediately forwarded to the foreign Consulate, an I-824 would not be required at this point.

If the 130 approval indicates that the file is held at the State Department, only then is the I-824 is required.

What do you think?

A: A duplicate notice containing only theinformation listed on the original Form I-797, Notice ofAction. A replacement employment card, Form I-94 orany other USCIS authorization document will notaccompany the duplicate approval notice.

B. USCIS to notify a different U.S. Consulate or Port-of-Entry concerning the approval of an application orpetition. Check Box B. If approved, USCIS will cableinformation regarding the approval of your applicationor petition to a different consulate or Port-of-Entry thanoriginally requested.

C. USCIS to notify a U.S. Consulate that your status hasbeen adjusted to permanent resident. Check Box C.This is to request USCIS to notify a specific U.S.Consulate that your status has been adjusted to that of alawful permanent resident so that your spouse and/orchild(ren) may apply for an immigrant visa. Thisnotification is available only on following-to-joinimmigrant relative visas based on a principal'semployment, fiancé(e) or diversity status.

D. USCIS to send your approved immigrant visa to the U.S. Department of State's National Visa Center (NVC).Check Box D. This is to request USCIS to send yourapproved immigrant visa to the U.S. Department ofState through the NVC.

E. USCIS to notify the U.S. Department of State of yourU.S. citizenship status.

This is to request USCIS to notify the U.S. State Department thatyou have become a U.S. citizen through naturalization.

[pushbrk 12,877]

You have it right but the current stated policy is to approve both petitions together and hold the I-130. If you get lucky and they forward it to NVC, you don't need an I-824. In any event, you must wait until you know.

PUSHBRK, et..,

Two clarifications: Correct me if I've mistaken.

Based on the situation I've described ( assuming she is approved for k3 ) would require me to check OPTION C BELOW requesting USCIS to notify the Cambodian consulate that my wife may apply for an immigrant visa, greencard, etc.. at the Cambodian consulate.

However, shouldn't a decision to file I-824 be based on where USCIS has sent the approved I-130 file at this point? There has been conflicting information that some approved K3 130s are being sent to NVC and some are held at State Department for later AOS. It's my understanding that if the approved I-130 is sent to NVC which gets immediately forwarded to the foreign Consulate, an I-824 would not be required at this point.

If the 130 approval indicates that the file is held at the State Department, only then is the I-824 is required.

What do you think?

A: A duplicate notice containing only theinformation listed on the original Form I-797, Notice ofAction. A replacement employment card, Form I-94 orany other USCIS authorization document will notaccompany the duplicate approval notice.

B. USCIS to notify a different U.S. Consulate or Port-of-Entry concerning the approval of an application orpetition. Check Box B. If approved, USCIS will cableinformation regarding the approval of your applicationor petition to a different consulate or Port-of-Entry thanoriginally requested.

C. USCIS to notify a U.S. Consulate that your status hasbeen adjusted to permanent resident. Check Box C.This is to request USCIS to notify a specific U.S.Consulate that your status has been adjusted to that of alawful permanent resident so that your spouse and/orchild(ren) may apply for an immigrant visa. Thisnotification is available only on following-to-joinimmigrant relative visas based on a principal'semployment, fiancé(e) or diversity status.

D. USCIS to send your approved immigrant visa to the U.S. Department of State's National Visa Center (NVC).Check Box D. This is to request USCIS to send yourapproved immigrant visa to the U.S. Department ofState through the NVC.

E. USCIS to notify the U.S. Department of State of yourU.S. citizenship status.

This is to request USCIS to notify the U.S. State Department thatyou have become a U.S. citizen through naturalization.

[SPSguy 18]

So three things can happen.

1) they send the 130 to Cambodia and we pay nothing to have everything processed in Cambodia.

2) they keep 130 in U.S and we pay $350 ( I-864 ) to have them send to Cambodia for processing.

3) I bring my wife to US and finish 130 in US and pay AOS $1050 more, plus wait 90 days.

Option #1 and #2 will give my wife greencard, social security, work permit and everything when she enters US.

The inconsistency and irregularity with process is mind boggling.

I pray that they'd approve the 129 first so she can get a VISA good for 2 years and can come flexibly. But if they approve the 130 first, then she has only 4 months to come to US.

[pushbrk 12,877]

So three things can happen.

1) they send the 130 to Cambodia and we pay nothing to have everything processed in Cambodia.

2) they keep 130 in U.S and we pay $350 ( I-864 ) to have them send to Cambodia for processing.

3) I bring my wife to US and finish 130 in US and pay AOS $1050 more, plus wait 90 days.

Option #1 and #2 will give my wife greencard, social security, work permit and everything when she enters US.

The inconsistency and irregularity with process is mind boggling.

I pray that they'd approve the 129 first so she can get a VISA good for 2 years and can come flexibly. But if they approve the 130 first, then she has only 4 months to come to US.

Well, there are fees associated with the immigrant visa process involved in option 2 but you'd avoid the I-824 fee. I-864 is the affidavit of support.

3) is ok except you don't finish the I-130. You adjust status. The I-130, once approved, just sits there.