K-3 Visa question

[jacamero 0]

Hello everyone, I'm new to this process. I'm an American citizen, born and raised in Michigan. My husband is a UK citizen, born and raised in England. We were married last August over in England. Up till now, we had planned on me moving there to the UK, but now things have come up and he's going to move here to the US. So now we've put the brakes on and are reversing directions here. I find that researching what we need to do for him to come here is far more complex and complicated.

Okay, so I spoke with a woman at the USCIS this morning. She said we need to start with an I-130 along with a G325A, then file a I-129F with his children added to it, then follow it with a K-3 (and K-4 for the children). Okay, so what confuses me is I can't find a form for a K-3 or K-4. Can someone point me in the right direction? Also she said the K-3 would have to be filed in the country we got married in? Which would be England? Am I incorrect?

Also, I was told we need a sponsor who makes a lot of money and can prove they can support him and his children and stay above 125% of the poverty line?? Is this correct? This disheartens me as everyone I know is broke like me.

Thanks for any input or whatever you can provide me! It's much appreciated!!

Sincerely,

Julie

Michigan

[YuAndDan 153]

Compare timelines, CR-1/CR-2 is not much longer to process than K-3/4 through London. CR-1 has the added benifit of green-card upon entry. K-3/4 must file to adjust status and cannot get a JOB, SSN, or driver's license until they have EAD or green-card, EAD takes 90 days or more to get. AOS costs $1010

CR-1/2 requires 2 I-130 filed 1 for spouse and 1 for step child.

K-3/4 requires I-130 filed for spouse and after I-130 receipt letter you file I-129F for K-3, this will result in K-3 and K-4, later when adjusting status an I-130 will need to be filed along with the K-4's AOS petition, OR you can begin with filing 2 I-130's 1 for spouse and 1 for step child.

Poverty line is calculated on GROSS income, 125% is not much for a family of 3 it is 22,000 in the 48 states. This is gross income, not take home pay.

Edited May 20, 2008 by YuAndDan

[pushbrk 13,087]

Compare timelines, CR-1/CR-2 is not much longer to process than K-3/4 through London. CR-1 has the added benifit of green-card upon entry. K-3/4 must file to adjust status and cannot get a JOB, SSN, or driver's license until they have EAD or green-card, EAD takes 90 days or more to get. AOS costs $1010

CR-1/2 requires 2 I-130 filed 1 for spouse and 1 for step child.

K-3/4 requires I-130 filed for spouse and after I-130 receipt letter you file I-129F for K-3, this will result in K-3 and K-4, later when adjusting status an I-130 will need to be filed along with the K-4's AOS petition, OR you can begin with filing 2 I-130's 1 for spouse and 1 for step child.

Poverty line is calculated on GROSS income, 125% is not much for a family of 3 it is 22,000 in the 48 states. This is gross income, not take home pay.

Your starting point would be the "Guides" here. Study them, then come back with the certain remaining questions.

I would definitely consider filing only the I-130's for immigrant visas and skip the K3 and K4. The up-front cost is more but the total cost is far less and your husband will arrive authorized to work.

Edited May 20, 2008 by pushbrk

[YuAndDan 153]

Compare timelines, CR-1/CR-2 is not much longer to process than K-3/4 through London. CR-1 has the added benifit of green-card upon entry. K-3/4 must file to adjust status and cannot get a JOB, SSN, or driver's license until they have EAD or green-card, EAD takes 90 days or more to get. AOS costs $1010

CR-1/2 requires 2 I-130 filed 1 for spouse and 1 for step child.

K-3/4 requires I-130 filed for spouse and after I-130 receipt letter you file I-129F for K-3, this will result in K-3 and K-4, later when adjusting status an I-130 will need to be filed along with the K-4's AOS petition, OR you can begin with filing 2 I-130's 1 for spouse and 1 for step child.

Poverty line is calculated on GROSS income, 125% is not much for a family of 3 it is 22,000 in the 48 states. This is gross income, not take home pay.

Your starting point would be the "Guides" here. Study them, then come back with the certain remaining questions.

I would definitely consider filing only the I-130's for immigrant visas and skip the K3 and K4. The up-front cost is more but the total cost is far less and your husband will arrive authorized to work.

Exactly, the OP is all concerned that income may not be high-enough to support, K-3 kind of sucks when the prospective immigrant cannot take a job and start providing some support until after getting EAD or green-card, CR-1 is a solid option that allows the IMMIGRANT to immediately seek employment.

[Gigli2008 70]

Compare timelines, CR-1/CR-2 is not much longer to process than K-3/4 through London. CR-1 has the added benifit of green-card upon entry. K-3/4 must file to adjust status and cannot get a JOB, SSN, or driver's license until they have EAD or green-card, EAD takes 90 days or more to get. AOS costs $1010

CR-1/2 requires 2 I-130 filed 1 for spouse and 1 for step child.

K-3/4 requires I-130 filed for spouse and after I-130 receipt letter you file I-129F for K-3, this will result in K-3 and K-4, later when adjusting status an I-130 will need to be filed along with the K-4's AOS petition, OR you can begin with filing 2 I-130's 1 for spouse and 1 for step child.

Poverty line is calculated on GROSS income, 125% is not much for a family of 3 it is 22,000 in the 48 states. This is gross income, not take home pay.

Your starting point would be the "Guides" here. Study them, then come back with the certain remaining questions.

I would definitely consider filing only the I-130's for immigrant visas and skip the K3 and K4. The up-front cost is more but the total cost is far less and your husband will arrive authorized to work.

Pushbrk

Doesn't skipping the K3 and K4 separate the kids from their natural parent (at least for the duration of the filing process)? Filing the I-130 only (for spouse and kids) does not guarantee that all applications will be approved at the same time, thereby risking the separation. I am in the same exact situation. Where kids are concerned, going K3/K4 may be more expensive and delays permanent status but it brings the family together at the same time.

If I am wrong, I welcome your input. As always, Pushbrk, I value your comments.

Thanks

Gracey.

[pushbrk 13,087]

Compare timelines, CR-1/CR-2 is not much longer to process than K-3/4 through London. CR-1 has the added benifit of green-card upon entry. K-3/4 must file to adjust status and cannot get a JOB, SSN, or driver's license until they have EAD or green-card, EAD takes 90 days or more to get. AOS costs $1010

CR-1/2 requires 2 I-130 filed 1 for spouse and 1 for step child.

K-3/4 requires I-130 filed for spouse and after I-130 receipt letter you file I-129F for K-3, this will result in K-3 and K-4, later when adjusting status an I-130 will need to be filed along with the K-4's AOS petition, OR you can begin with filing 2 I-130's 1 for spouse and 1 for step child.

Poverty line is calculated on GROSS income, 125% is not much for a family of 3 it is 22,000 in the 48 states. This is gross income, not take home pay.

Your starting point would be the "Guides" here. Study them, then come back with the certain remaining questions.

I would definitely consider filing only the I-130's for immigrant visas and skip the K3 and K4. The up-front cost is more but the total cost is far less and your husband will arrive authorized to work.

Pushbrk

Doesn't skipping the K3 and K4 separate the kids from their natural parent (at least for the duration of the filing process)? Filing the I-130 only (for spouse and kids) does not guarantee that all applications will be approved at the same time, thereby risking the separation. I am in the same exact situation. Where kids are concerned, going K3/K4 may be more expensive and delays permanent status but it brings the family together at the same time.

If I am wrong, I welcome your input. As always, Pushbrk, I value your comments.

Thanks

Gracey.

You file an I-130 for each intending immigrant, with a separate check for each but in the same envelope. Each petition has its own cover letter and the whole package a letter explaining who the family is, so they can be processed together. There's no gaurantee they'll stay together but there's also no need to separate the family, even if the interviews aren't together. They can't wait until all are together to interview or interview separately and travel together.

No need to separate people when the visa holder has six months to use the visa. This is all manageable if need be.

The K visas will end up costing several hundred dollars more in the long run and the parent will be unable to work for at least three months after arrival, potentially adding many thousands to the overall cost.

[Steve Y Jessica 1]

Compare timelines, CR-1/CR-2 is not much longer to process than K-3/4 through London. CR-1 has the added benifit of green-card upon entry. K-3/4 must file to adjust status and cannot get a JOB, SSN, or driver's license until they have EAD or green-card, EAD takes 90 days or more to get. AOS costs $1010

CR-1/2 requires 2 I-130 filed 1 for spouse and 1 for step child.

K-3/4 requires I-130 filed for spouse and after I-130 receipt letter you file I-129F for K-3, this will result in K-3 and K-4, later when adjusting status an I-130 will need to be filed along with the K-4's AOS petition, OR you can begin with filing 2 I-130's 1 for spouse and 1 for step child.

Poverty line is calculated on GROSS income, 125% is not much for a family of 3 it is 22,000 in the 48 states. This is gross income, not take home pay.

Your starting point would be the "Guides" here. Study them, then come back with the certain remaining questions.

I would definitely consider filing only the I-130's for immigrant visas and skip the K3 and K4. The up-front cost is more but the total cost is far less and your husband will arrive authorized to work.

Pushbrk

Doesn't skipping the K3 and K4 separate the kids from their natural parent (at least for the duration of the filing process)? Filing the I-130 only (for spouse and kids) does not guarantee that all applications will be approved at the same time, thereby risking the separation. I am in the same exact situation. Where kids are concerned, going K3/K4 may be more expensive and delays permanent status but it brings the family together at the same time.

If I am wrong, I welcome your input. As always, Pushbrk, I value your comments.

Thanks

Gracey.

You file an I-130 for each intending immigrant, with a separate check for each but in the same envelope. Each petition has its own cover letter and the whole package a letter explaining who the family is, so they can be processed together. There's no gaurantee they'll stay together but there's also no need to separate the family, even if the interviews aren't together. They can't wait until all are together to interview or interview separately and travel together.

No need to separate people when the visa holder has six months to use the visa. This is all manageable if need be.

The K visas will end up costing several hundred dollars more in the long run and the parent will be unable to work for at least three months after arrival, potentially adding many thousands to the overall cost.

Personally, I prefer the K3, because I just want my wife with me as soon as possible. And in general, it is several months sooner.

But at this time, I would have to look at where you are going to file. The way things are going at the Vermont Service Center now adays, I do not know if I would bother with the K3 because the Vermont Service Center does not seem to be processing them.

[Nich-Nick 3,354]

Okay, so what confuses me is I can't find a form for a K-3 or K-4. Can someone point me in the right direction? Also she said the K-3 would have to be filed in the country we got married in? Which would be England? Am I incorrect?

K-3 and K-4 are what the visas are called so there is no form with that number. The form to get K-3 is the I-129f, fiance visa application. It sounds confusing because he's your husband not fiance. It's the same process as the fiance process because he comes to the US to live with you while he applies for the green card, work permit, etc. The other one he stays in the UK until the green card, work permit process is done and that historically has taken longer before you can be together.

You will file at the California Service Center.

[Army_Wife 2]

Also she said the K-3 would have to be filed in the country we got married in? Which would be England?

I was also told that the I-129F for the K3 was supposed to be filed in the country where you were married .... or if you were married in the US, then it was to be filed in the country of residence of the foreign spouse ... in my case England.

I called the London Embassy helpline and had 2 conflicting stories about this .... one said yes, to file it by sending it straight to London, and the other was just confused and had never heard of K3's.

The one who had heard of the K3's explained the K3 was supposed to be for getting your spouse to the States quicker to reunite the couple while the I-130 for the CR1/IR1 was processed .... she read it out off the screen ....

However, I notice the set up appears to be very different on this website and everyone's experiences with the K3 also seem to be conflicting too.

I didn't bother in the end as I have terrible luck and could forsee it all going wrong (due to the conflicting stories) and didn't want to risk having the petition forwarded over to USCIS Vermont and being stuck.

CR1/IR1 is definately the better way to go for all if you're going through London as interviews are pretty fast ... and at Vermont currently, the only visa you'll get anyway.