K3 and Green Card Process

[Vivien 0]

Hi everyone!

I have a K3-Green Card related question.

We applied for both of them in the States because we got married there.

- Our attorney told us, that if I have the K3 interview and get the K3 visa in my country, then the Green Card will be automatically abandon. So if I would go over on the K3, I would have to apply for the AOS. That's why we decided we should wait for the Green Card to be processed.

I went in to the US Consulate today, and asked them if it would be possible to get the K3 visa, then travel to the US and still be able to get a Green Card interview either in the States or in my country or getting the K3 would abandon my Green Card?

- Surprisingly at the embassy they said, it would not abandon my Green Card.

So, we got two opposite answers for our one question and we wonder who was right and who was wrong about it.

If we would know the answer for sure, we wouldn't have to spend another couple months apart.

If anyone here had the same experience as we had please let us know, because I couldn't find any specific answers on any of these kinds of websites.

Every advise is appreciated!

Thanks.

[rin and john 71]

Hi everyone!

I have a K3-Green Card related question.

We applied for both of them in the States because we got married there.

- Our attorney told us, that if I have the K3 interview and get the K3 visa in my country, then the Green Card will be automatically abandon. So if I would go over on the K3, I would have to apply for the AOS. That's why we decided we should wait for the Green Card to be processed.

I went in to the US Consulate today, and asked them if it would be possible to get the K3 visa, then travel to the US and still be able to get a Green Card interview either in the States or in my country or getting the K3 would abandon my Green Card?

- Surprisingly at the embassy they said, it would not abandon my Green Card.

So, we got two opposite answers for our one question and we wonder who was right and who was wrong about it.

If we would know the answer for sure, we wouldn't have to spend another couple months apart.

If anyone here had the same experience as we had please let us know, because I couldn't find any specific answers on any of these kinds of websites.

Every advise is appreciated!

Thanks.

If you are refering to a K-3 and a CR-1, you can do both (so long as the I-130 is still going thru the system; USCIS frequently holds them if approved at the same time as the I-129F). You would end up getting the K-3 first (in all likelihood) at which point you would be free to enter the USA. When your CR-1 made it through the NVC, it would be forwarded to the embassy in your country. You would have to finish the CR-1 there (return to your country for the interview). You would then receive the CR-1 visa (assuming you pass the interview), return to the USA, and receive your GC in the mail a few weeks after that.

[rin and john 71]

Another question. You say you married in the USA. Are you still in the USA? If so, you could have gone straight to the AOS process (assuming you did not enter the USA with the intent to marry).

[Vivien 0]

Another question. You say you married in the USA. Are you still in the USA? If so, you could have gone straight to the AOS process (assuming you did not enter the USA with the intent to marry).

Last year I went over on a K1 visa, we got married last summer. Than in September, some kinda problem happened in my family, so I had to come back. Of course we applied for an Advance Parole at a field office in the States, we were told it was approved but then in November we found out they refused it the next day. So that's why we are doing the K3 and CR-1 this year and I am currently not in the States.

Thanks for the answer!

[pushbrk 13,079]

Another question. You say you married in the USA. Are you still in the USA? If so, you could have gone straight to the AOS process (assuming you did not enter the USA with the intent to marry).

Last year I went over on a K1 visa, we got married last summer. Than in September, some kinda problem happened in my family, so I had to come back. Of course we applied for an Advance Parole at a field office in the States, we were told it was approved but then in November we found out they refused it the next day. So that's why we are doing the K3 and CR-1 this year and I am currently not in the States.

Thanks for the answer!

Thanks for clearing things up. This is another example where using the wrong terminology is harmful. Ask the wrong question and the answer is not likely to fit the right question.

Yes, you can interview for both K3 and CR1 visas but both processes would have to complete. Depending on the service center and how they are operating on a given day, it's possible only the I-129F will get forwarded to NVC and on to the Consulate anyway.

The most common option is to arrive on the K3 and simply adjust status to get the green card.