K-3 or I-130 - do I know what I'm doing?

[Injie 1]

Hi there,

Just found this forum - wish I'd found it earlier. Please can someone give me some advice?

My wife is an unconditional permanent US resident. I am a British citizen. To cut a long story short, we decided that it would be best (although not easiest) at this stage if I move to the US. I'd been told about the I-130, read about it, almost filled out the form along with the two accompanying G-325A forms. Have some questions about the I-130 (why can't they make these things clearer?! The form refers to things that laypeople would just not know and the instructions don't give any explanation!!). Yesterday I called the USCIS number and although it says "people are here to answer your questions between 8am and 6pm", no matter what options I pressed and despite several attempts, I wasn't able to talk to anyone. So via google I found this site. But now my sense of certainty that I knew what I was doing has been shaken......

....suddenly I've learnt about something called a K-3....?? Do we want to continue with the I-130 or should we be looking at the K-3?

But according to this page http://www.visajourney.com/forums/index.php?showforum=117 , if we complete a K-3 form we have also automatically filed an I-130. But if we make an I-130 application, does that mean we have automatically made a K-3 application???? And what's the difference? One is faster than the other, right? But how long does it take anyway?

I guess before we start trying to get answers to some of our questions regarding the I-130, we should make sure that an I-130 is what we need to be looking at.

Any advice or info would be much appreciated. Thank you.

[ailyn 0]

Hi there,

Just found this forum - wish I'd found it earlier. Please can someone give me some advice?

My wife is an unconditional permanent US resident. I am a British citizen. To cut a long story short, we decided that it would be best (although not easiest) at this stage if I move to the US. I'd been told about the I-130, read about it, almost filled out the form along with the two accompanying G-325A forms. Have some questions about the I-130 (why can't they make these things clearer?! The form refers to things that laypeople would just not know and the instructions don't give any explanation!!). Yesterday I called the USCIS number and although it says "people are here to answer your questions between 8am and 6pm", no matter what options I pressed and despite several attempts, I wasn't able to talk to anyone. So via google I found this site. But now my sense of certainty that I knew what I was doing has been shaken......

....suddenly I've learnt about something called a K-3....?? Do we want to continue with the I-130 or should we be looking at the K-3?

But according to this page http://www.visajourney.com/forums/index.php?showforum=117 , if we complete a K-3 form we have also automatically filed an I-130. But if we make an I-130 application, does that mean we have automatically made a K-3 application???? And what's the difference? One is faster than the other, right? But how long does it take anyway?

I guess before we start trying to get answers to some of our questions regarding the I-130, we should make sure that an I-130 is what we need to be looking at.

Any advice or info would be much appreciated. Thank you.

Ok, maybe you're saying something about K3 versus CR1 visa. K3 ( in my experience ) is faster and will take about 6-8 months (mine was almost 7 months) to be completed and it will give you 2 yrs to be in the US and enough time to file for Adjustment of Status. In my case i waited after our 2 yr wedding anniversary to file for AOS so i dont have to file for adjustment and hopefully get the 10 yr green card. here is the requirement to file for K3 in this link.

http://www.visajourney.com/faq/k1faq.htm

And meanwhile here is the link to the CR1 visa procedure. You can find everything here. In this process you will come to the US and in less than 3 months (usually) you can get your 10 yr green card in the mail.

http://www.visajourney.com/wiki/index.php/...Immigrant_Visas

Hope this helps!

[pushbrk 12,883]

Hi there,

Just found this forum - wish I'd found it earlier. Please can someone give me some advice?

My wife is an unconditional permanent US resident. I am a British citizen. To cut a long story short, we decided that it would be best (although not easiest) at this stage if I move to the US. I'd been told about the I-130, read about it, almost filled out the form along with the two accompanying G-325A forms. Have some questions about the I-130 (why can't they make these things clearer?! The form refers to things that laypeople would just not know and the instructions don't give any explanation!!). Yesterday I called the USCIS number and although it says "people are here to answer your questions between 8am and 6pm", no matter what options I pressed and despite several attempts, I wasn't able to talk to anyone. So via google I found this site. But now my sense of certainty that I knew what I was doing has been shaken......

....suddenly I've learnt about something called a K-3....?? Do we want to continue with the I-130 or should we be looking at the K-3?

But according to this page http://www.visajourney.com/forums/index.php?showforum=117 , if we complete a K-3 form we have also automatically filed an I-130. But if we make an I-130 application, does that mean we have automatically made a K-3 application???? And what's the difference? One is faster than the other, right? But how long does it take anyway?

I guess before we start trying to get answers to some of our questions regarding the I-130, we should make sure that an I-130 is what we need to be looking at.

Any advice or info would be much appreciated. Thank you.

Start with the guides but since your wife is not a US Citizen, K3 is not an option. Even with the I-130 and IR1 visa path, you'll have to wait a long time for a visa to become available. If she were a citizen, the visa is immediately available and timeline would be a matter of months. Since she's not, you count it in years.

[Dakine 26]

Hi there,

Just found this forum - wish I'd found it earlier. Please can someone give me some advice?

My wife is an unconditional permanent US resident. I am a British citizen. To cut a long story short, we decided that it would be best (although not easiest) at this stage if I move to the US. I'd been told about the I-130, read about it, almost filled out the form along with the two accompanying G-325A forms. Have some questions about the I-130 (why can't they make these things clearer?! The form refers to things that laypeople would just not know and the instructions don't give any explanation!!). Yesterday I called the USCIS number and although it says "people are here to answer your questions between 8am and 6pm", no matter what options I pressed and despite several attempts, I wasn't able to talk to anyone. So via google I found this site. But now my sense of certainty that I knew what I was doing has been shaken......

....suddenly I've learnt about something called a K-3....?? Do we want to continue with the I-130 or should we be looking at the K-3?

But according to this page http://www.visajourney.com/forums/index.php?showforum=117 , if we complete a K-3 form we have also automatically filed an I-130. But if we make an I-130 application, does that mean we have automatically made a K-3 application???? And what's the difference? One is faster than the other, right? But how long does it take anyway?

I guess before we start trying to get answers to some of our questions regarding the I-130, we should make sure that an I-130 is what we need to be looking at.

Any advice or info would be much appreciated. Thank you.

As pushbrk pointed out your wife cannot file for a K visa.

Waiting time is about 5 years for the CR-1 for permanent resident. Better if she waits to get her US citizenship and then she can file what ever she wants. Waiting time will be under a year then.

[Reba 2]

What citizenship is your wife? Same as you, or no? If she's also British, there may be an option that you can go to the US with her on a derivative visa, but I'm not sure. If you are in the UK at the mo, you can make an appointment at the US Consulate and talk ot someone there.

If however she is not a British subject, then I think you'll have to wait on the I-130 process alone. As others above have stated, the K3 is not an option to you if your wife is not a US citizen, so you'll have to wait on a visa number to become available. However she can submit the I-130 petition now to get it started, and then once she is eligible to apply for naturalization in the US, and has completed that she can upgrade the I-130 and speed it up a bit.

[Injie 1]

Hi,

Thanks everyone for your help and the information.

Well, it seems that because my wife is a permanent resident (not a citizen), both the K3 and the IR1 are not options. Therefore, it seems I was right to be looking at the I-130? There is no other option, right?

Pushbrk wrote that if my wife were a US citizen, “the visa is immediately available and timeline would be a matter of months. Since she's not, you count it in years”.

That’s news I didn’t want to hear, although I need to know the facts. Last summer I had a consultation with a US immigration lawyer in New York. He told me that the I-130 process would take about a year (!), and that it would be quicker to go the route of getting a job and a work visa. But that seems like a catch-22 situation. Anyway, I decided I should try both, and see if I have any luck with either option. The lawyer said he hadn’t heard of anyone trying both (through marriage and work) – that struck me as a bit weird. Surely I’m not the only person trying not to put all their eggs in one basket, and seeking the quickest route?

I don’t want to waste any more time with bad information (I suspect the lawyer was forgetting that I had told him that my wife, fiancée at that time, was a permanent resident, not a citizen – but I didn’t pay a lawyer for a consultation for him to forget hugely significant details). We got married six months ago – I’ve spent six months worrying about this, but due to my workload in the autumn and then travelling for two months (and working while travelling), we didn’t get on the case with this until now. So the thought of having lost some time is adding to my stress levels!

No, my wife is not British. She was granted asylum in the USA and then received her green card exactly two years ago; the date on the green card is actually one year earlier. I don’t like to make any assumptions, but I’m hoping this means she is two years away from becoming a citizen? But first she has to take the tests etc.?

Reba suggested that we apply now with the I-130 and then later, when my wife becames citizen we can upgrade the I-130 and speed it up a bit – is that what they mean by “adjustment of status”? Will that be any quicker than just waiting until she becomes a citizen and starting the whole process at that time?

What are our options? I’ve been doing a lot of freelance work, which I can do from home, but I don’t suppose the US government will let me do that in America, even if I’m being paid in the UK and spending the money in America?

After the lawyer seemed to have given me wrong information regarding the I-130/visa through marriage to a permanent resident, I’m wondering if some of the info he gave me about work visas is also incorrect…

Thanks everyone for your help!

Best wishes.

[godfrey 0]

bare facts

i got my greencard in 2003 came to USA in jan 2004 married my wife in dec 2004 filed i130 as green card holder in dec 2005.Got approval notice last week march 23 2009>count the years 3years plus.NVc assisgned the number priorty date april 2009 and are currently processing august 2004 priority dates that 5 years back.===only luck thing i became citize last week so process will be faster because of upgrade to cr1. my advised if can get work visa go that route to be with your spouce then when she becomes citizen file i130 for you and takes 6 months>but if you decide to stay in britain better be ready to wait for years

[Dakine 26]

Hi,

Thanks everyone for your help and the information.

Well, it seems that because my wife is a permanent resident (not a citizen), both the K3 and the IR1 are not options. Therefore, it seems I was right to be looking at the I-130? There is no other option, right?

Pushbrk wrote that if my wife were a US citizen, “the visa is immediately available and timeline would be a matter of months. Since she's not, you count it in years”.

That’s news I didn’t want to hear, although I need to know the facts. Last summer I had a consultation with a US immigration lawyer in New York. He told me that the I-130 process would take about a year (!), and that it would be quicker to go the route of getting a job and a work visa. But that seems like a catch-22 situation. Anyway, I decided I should try both, and see if I have any luck with either option. The lawyer said he hadn’t heard of anyone trying both (through marriage and work) – that struck me as a bit weird. Surely I’m not the only person trying not to put all their eggs in one basket, and seeking the quickest route?

I don’t want to waste any more time with bad information (I suspect the lawyer was forgetting that I had told him that my wife, fiancée at that time, was a permanent resident, not a citizen – but I didn’t pay a lawyer for a consultation for him to forget hugely significant details). We got married six months ago – I’ve spent six months worrying about this, but due to my workload in the autumn and then travelling for two months (and working while travelling), we didn’t get on the case with this until now. So the thought of having lost some time is adding to my stress levels!

No, my wife is not British. She was granted asylum in the USA and then received her green card exactly two years ago; the date on the green card is actually one year earlier. I don’t like to make any assumptions, but I’m hoping this means she is two years away from becoming a citizen? But first she has to take the tests etc.?

Reba suggested that we apply now with the I-130 and then later, when my wife becames citizen we can upgrade the I-130 and speed it up a bit – is that what they mean by “adjustment of status”? Will that be any quicker than just waiting until she becomes a citizen and starting the whole process at that time?

What are our options? I’ve been doing a lot of freelance work, which I can do from home, but I don’t suppose the US government will let me do that in America, even if I’m being paid in the UK and spending the money in America?

After the lawyer seemed to have given me wrong information regarding the I-130/visa through marriage to a permanent resident, I’m wondering if some of the info he gave me about work visas is also incorrect…

Thanks everyone for your help!

Best wishes.

Your wife will have to wait 5 years from GC issue date to apply for USC.

Coming to the US on a work visa while married and trying to adjust status "I believe" will be considered fraud. Hopefully I'm wrong but don't think so.

Edited April 9, 2009 by Haole

[pushbrk 12,883]

Reba suggested that we apply now with the I-130 and then later, when my wife becames citizen we can upgrade the I-130 and speed it up a bit – is that what they mean by “adjustment of status”? Will that be any quicker than just waiting until she becomes a citizen and starting the whole process at that time?

What are our options? I’ve been doing a lot of freelance work, which I can do from home, but I don’t suppose the US government will let me do that in America, even if I’m being paid in the UK and spending the money in America?

No, that's not what's called adjustment of status. It's just "upgrading the petition". The I-130 is a petition that cannot be approved until a visa is available. Upgrading it to a citizen petition makes the visa available if it's done before the visa would otherwise be available. In your case, the "I-130 process" results in an IR1 visa. The visa just isn't available to you now.

Depending on what kind of freelance work, it may or may not be a problem. We speak of "working" but the authorization is for "employment" which carries a specific definition in most contexts. You'll want the specific requirements that apply to your freelance circumstances which has nothing to do with the family based visa process.

Edited April 9, 2009 by pushbrk

[majca 0]

Hi there,

Just found this forum - wish I'd found it earlier. Please can someone give me some advice?

My wife is an unconditional permanent US resident. I am a British citizen. To cut a long story short, we decided that it would be best (although not easiest) at this stage if I move to the US. I'd been told about the I-130, read about it, almost filled out the form along with the two accompanying G-325A forms. Have some questions about the I-130 (why can't they make these things clearer?! The form refers to things that laypeople would just not know and the instructions don't give any explanation!!). Yesterday I called the USCIS number and although it says "people are here to answer your questions between 8am and 6pm", no matter what options I pressed and despite several attempts, I wasn't able to talk to anyone. So via google I found this site. But now my sense of certainty that I knew what I was doing has been shaken......

....suddenly I've learnt about something called a K-3....?? Do we want to continue with the I-130 or should we be looking at the K-3?

But according to this page http://www.visajourney.com/forums/index.php?showforum=117 , if we complete a K-3 form we have also automatically filed an I-130. But if we make an I-130 application, does that mean we have automatically made a K-3 application???? And what's the difference? One is faster than the other, right? But how long does it take anyway?

I guess before we start trying to get answers to some of our questions regarding the I-130, we should make sure that an I-130 is what we need to be looking at.

Any advice or info would be much appreciated. Thank you.

Ok, maybe you're saying something about K3 versus CR1 visa. K3 ( in my experience ) is faster and will take about 6-8 months (mine was almost 7 months) to be completed and it will give you 2 yrs to be in the US and enough time to file for Adjustment of Status. In my case i waited after our 2 yr wedding anniversary to file for AOS so i dont have to file for adjustment and hopefully get the 10 yr green card. here is the requirement to file for K3 in this link.

http://www.visajourney.com/faq/k1faq.htm

And meanwhile here is the link to the CR1 visa procedure. You can find everything here. In this process you will come to the US and in less than 3 months (usually) you can get your 10 yr green card in the mail.

http://www.visajourney.com/wiki/index.php/...Immigrant_Visas

Hope this helps!

Hi,

Im a K3 visa holder too...When is the best to file Adjustment for Status in order to avoid Conditional resident?Did you adjust your status already?

Thanks for the help...

[majca 0]

Hi there,

Just found this forum - wish I'd found it earlier. Please can someone give me some advice?

My wife is an unconditional permanent US resident. I am a British citizen. To cut a long story short, we decided that it would be best (although not easiest) at this stage if I move to the US. I'd been told about the I-130, read about it, almost filled out the form along with the two accompanying G-325A forms. Have some questions about the I-130 (why can't they make these things clearer?! The form refers to things that laypeople would just not know and the instructions don't give any explanation!!). Yesterday I called the USCIS number and although it says "people are here to answer your questions between 8am and 6pm", no matter what options I pressed and despite several attempts, I wasn't able to talk to anyone. So via google I found this site. But now my sense of certainty that I knew what I was doing has been shaken......

....suddenly I've learnt about something called a K-3....?? Do we want to continue with the I-130 or should we be looking at the K-3?

But according to this page http://www.visajourney.com/forums/index.php?showforum=117 , if we complete a K-3 form we have also automatically filed an I-130. But if we make an I-130 application, does that mean we have automatically made a K-3 application???? And what's the difference? One is faster than the other, right? But how long does it take anyway?

I guess before we start trying to get answers to some of our questions regarding the I-130, we should make sure that an I-130 is what we need to be looking at.

Any advice or info would be much appreciated. Thank you.

Ok, maybe you're saying something about K3 versus CR1 visa. K3 ( in my experience ) is faster and will take about 6-8 months (mine was almost 7 months) to be completed and it will give you 2 yrs to be in the US and enough time to file for Adjustment of Status. In my case i waited after our 2 yr wedding anniversary to file for AOS so i dont have to file for adjustment and hopefully get the 10 yr green card. here is the requirement to file for K3 in this link.

http://www.visajourney.com/faq/k1faq.htm

And meanwhile here is the link to the CR1 visa procedure. You can find everything here. In this process you will come to the US and in less than 3 months (usually) you can get your 10 yr green card in the mail.

http://www.visajourney.com/wiki/index.php/...Immigrant_Visas

Hope this helps!

Hi ailyn,

Im a K3 visa holder too and i didnt adjust my status yet...When is the best time to file ADJUSTMENT OF STATUS?Is it as soon as possible?When did you adjust your status?How long did you wait for it?Is it a long process?

Thanks for the help...

[Injie 1]

Your wife will have to wait 5 years from GC issue date to apply for USC.

Coming to the US on a work visa while married and trying to adjust status "I believe" will be considered fraud. Hopefully I'm wrong but don't think so.

Fraud? Really??? You may be right - I don't know. But it would be ridiculous if it were true, wouldn't it? So why do people apply for US work visas? They want a particular job; they want to live in the USA; they want to live in the country where their spouse lives but have to wait five years to get a visa through marriage. Is that a crime? It would be fraud if the marriage was not genuine. But what's to say that someone didn't get a work visa and then later they got married just for a visa through marriage so they could stay? Can't it be declared on the work visa application: married to a US permanent resident. The reason I want to live in this country is to be with my wife. Surely if stating the facts then it's not fraud? Anyway, thanks for your thoughts on this. Anyone know about this? Thanks everyone for your information and advice.

[Reba 2]

Most work visas/employment authorizations are not dual intent. ie: USCIS does not allow the benefit to be used as a stepping stone to immigraton. Ergo, if you were to get a work visa of some sort, and then try to adjust status based on your existing marriage, your application would be denied because of intent to use the incorrect immigration benefit to immigrate.

IF HOWEVER, you were already in the US on a work authorized visa, and then you met the person of your dreams and impulsively got married in Vegas on a drunken whim, then yes, you could apply to adjust your status based on marriage. But because you are already married, with intent to immigrate to the US, you basically can't use a work authorized visa to adjust your status.

Im a K3 visa holder too and i didnt adjust my status yet...When is the best time to file ADJUSTMENT OF STATUS?Is it as soon as possible?When did you adjust your status?How long did you wait for it?Is it a long process?

Thanks for the help...

majca, you should apply to adjust your status as soon as you possibly can. Yes, your visa is valid for 2 years, and it may be more agreeable to you to wait until it may be possible to get a 10 year Green card rather than a 2 year green card, but your medical results from your exam that you had to get your K3 will expire within one year of the date of your exam. If you wait to apply for AOS then you will need to have another exam, at additional expense. Weigh the options, which is worse, having to pay for, and endure another medical exam, or possibly have to get a 2 year card and then later remove conditions? Check the processing timelines at your district office. You may be able to time it just right, or maybe not. Your choice of course.

Edited April 10, 2009 by Reba

[Injie 1]

Hello everyone,

Thanks for all your help with this. Just read all the comments. But there seem to be mixed responses –

1. File the I-130 and then upgrade it when my wife becomes a citizen.*

2. Don’t do anything until my wife becomes a citizen.

Please can we have a vote on this? Which option is best?

*I understand from your comments and suggestions that I can upgrade the I-130 petition when my wife becomes a citizen, but presumably if I am already in the US on a work visa (we can dream, can’t we!), then I can’t “upgrade” the petition, and instead we will have to cancel the I-130 (is that possible?) and make a separate K3 or CR1 application?

I hope I am getting somewhere with this.

Thanks.

Injie

[Reba 2]

No, you can still upgrade the I-130 if you're in the US at the time. Whichever route you decide on, whether AOS, K3 or CR1, you need an I-130 anyhow.

If you manage to get yourself a work visa of some sort, you would likely have to do that *before* your wife submitts the I-130, because not all work visas are dual intent. If you have a pending I-130 spousal petition, they may reject any application for employment sponsorship. I would look into that further to be sure.