Difference between K-3 and 130 visa

[zinger143 3]

Last year me and my fiancee used this website to help figure out the K-1 visa. Everything went well and he arrived December 31, 2005. However, due to certian unfortunate circumstances his documents, such as his passport and birth certificate, were misplaced. We searched up and down for them but they were no were to be found. We went to our local immigration office, which was Chicago, and they gave us the forms to fill out for the I-130 and the Adjustment of status forms. They said as long as we got married when the new passport arrived we would be ok. Technically he should have left 90 days after he arrived, but they said as long as we showed that he entered legally and he married me, that we would be ok.

Well, we found the documents and married May 27, 2006. Before we were able to send out the forms for the I-130, he had to travel to his country for a family emergency. Now we have to do a spouse visa. I am confused on the difference between the K-3 visa and the other visa associated with the I-130. We already have done the I-129 visa, would we have to redo that visa again? What exactly is the difference between the K-3 visa and the other visa associated with the I-130?

We are very anxious to get him back as soon as possible because both I and my young daughter miss him very much. Any advice, suggestions, or help would be SOOOO very much appreciated!!!!

[girl 37 7]

I think you have to start over again and this time submit the I-130 for CR-1. (See the guides, above.) You can file the I-129F for K-3 after you receive your NOA1 for the I-130, if you like. (It may help your husband get to the US sooner.)

[Cygnet 0]

CR-1 is an immigrant visa.

K-3 is a non-immigrant visa. You'll need to adjust status when you come in with this visa.

[girl 37 7]

CR-1 is an immigrant visa.

K-3 is a non-immigrant visa. You'll need to adjust status when you come in with this visa.

You don't necessarily have to adjust status if you come in with the K3. You can return home to complete the CR-1.

[Cygnet 0]

You don't necessarily have to adjust status if you come in with the K3. You can return home to complete the CR-1.

Yep, you're right. Actually, that's what I'm planning to do (but neglected to post that detail).

Zinger, have a look at the comparisons between the types of visas:

http://www.visajourney.com/forums/index.ph...om&page=compare

Edited June 15, 2006 by Cygnet

[aussiewench 9]

Have a read HERE which will show the differences between the CR-1 (I-130) & the K-3 (I-130 & I-129F)

[zinger143 3]

CR-1 is an immigrant visa.

K-3 is a non-immigrant visa. You'll need to adjust status when you come in with this visa.

You don't necessarily have to adjust status if you come in with the K3. You can return home to complete the CR-1.

So by filing the I-130, I have automatically filed for the CR-1, correct? The two are one in the same?

And by doing this, then we do not have to fill out the adjustment of status papers, however, it may take longer than the I-129. Is that right?

And when they ask on the I-130 question 16, Has your relative ever been under immigration proceedings? What does that mean? Are they asking if they have done a visa before, or are they asking if they have done something illegal that merits a court hearing. Because the answer for yes is where, when, and then removal, exclusion/deportation, recission, or judicial proceedings. So I would assume they are not referring to previous visas.

[aussiewench 9]

CR-1 is an immigrant visa.

K-3 is a non-immigrant visa. You'll need to adjust status when you come in with this visa.

You don't necessarily have to adjust status if you come in with the K3. You can return home to complete the CR-1.

So by filing the I-130, I have automatically filed for the CR-1, correct? The two are one in the same?

And by doing this, then we do not have to fill out the adjustment of status papers, however, it may take longer than the I-129. Is that right?

And when they ask on the I-130 question 16, Has your relative ever been under immigration proceedings? What does that mean? Are they asking if they have done a visa before, or are they asking if they have done something illegal that merits a court hearing. Because the answer for yes is where, when, and then removal, exclusion/deportation, recission, or judicial proceedings. So I would assume they are not referring to previous visas.

Correct, as the K-3 is only to reunite spouses while you await approval of the I-130. Adjustment of status from a K-3 can take up to a couple of years depending on which local office you have to file with. A CR-1 visa will gain residency on entry along with the green card. I-130's are being approved relatively quickly nowadays and much more attractive to do then it used to be when it would take years.

Yes it refers to immigration proceedings such as removals, deportation etc.

[geezer 1]

What people are missing in thier replies is that you husband overstayed his visa because you did not marry within the 90 days. The overstay will trigger an automatic bar. Additionally, the fact that your husband left the the country creates a problem also. You need the advice of a attorney

[babybunny 2]

also read this link

http://www.ilw.com/search/documentFrame.as...urned+petitions

[aussiewench 9]

What people are missing in thier replies is that you husband overstayed his visa because you did not marry within the 90 days. The overstay will trigger an automatic bar. Additionally, the fact that your husband left the the country creates a problem also. You need the advice of a attorney

The 3-year automatic bar applies to persons who accrued more than 180 days of unlawful presence, and the 10-year bar applies to persons who accrued 1 year or more of unlawful presence. From what the OP has stated this was not the case. It is totally up to the conof as to whether a waiver is going to be needed after they know the facts of the case. Not saying you are wrong in suggesting a consultation with an immigration attorney, only that it is incorrect that he would trigger an automatic bar.

[geezer 1]

Let me be more precise.

Because they did not marry within 90 days he was out of status and would have been subject to removal proceedings after the ninety days had he been caught.

An over stay is triggered by the entry date on the I94. This is going to be very close to an overstay. If they got in under the wire they will still have what could be a very signifigant problem because the period in which he was out of status must be disclosed on the I130. The posters hopes of getting her husband back here anytime soon is exceedingly optomistic.

So my advice to seek the advice of an attorney still stands.

[hafiz 1]

[zinger143 3]

I am confused about the "automatic bar", and what that means. I spoke with the Chicago immigration office for two hours as they sat down with me to understand my situation. Had they "caught" my husband, he would not have been deported. They were extremely helpful to me, in presenting that the fiancee visa was now void, because it could not be extended under any circumstance, and if we were to follow that visa he must return to his country. However, if we wanted to persue the spouse visa, and included the police reports of the lost passport, etc, and showed that he entered legally, there was not a problem. The problem comes is that he had to leave the country, and now since we are doing the I-130 while he is in his home country, I am not sure how it all works. I am attempting to contact our embassy, but in the last week I have had no luck.

On the I-130, it states if the relative is currently in the US, which he is not, so I did not include any I94 number. I plan on including in the packet evidence of what happened, but is it really necessary that I contact an attorney? I hired one for the K-1 visa and it was a total waste of money, and truth be told, with a small child and an emergency trip we really don't have the money for an attorney.

Any clarification would be appreciated!!!!

[Reba 2]

I don't think an attorney is necessary really. It was a short "overstay" and he was not deported.

JMO.