A "K3 interview coming, I-130 approved, weird scenario" question

[demiurge 0]

My wife is a nut. Here is the scenario:

We have the K3 interview ready but the I-130 just got approved and sent to NVC. We've received no packets on the I-130 so its very early in that process. My wife is doing business in her home country and she would like to sort of hedge her bets. She wants to pass the K3 interview and get the 6-month visa but then wait in her home country for the I-130 to come so she can keep doing her business. If the I-130 doesnt come in time, she'll take the visa and fly out before the 6 months is up. If the I-130 DOES arrive in time, she'll take that interview and come without having to mess around with the AOS.

Is this possible? I see lots of people getting a k3, flying out and then coming back to their embassy for the I-130, but what about getting a k3 and just never using it? will that affect the I-130 process in any way?

[scy 0]

My wife is a nut. Here is the scenario:

We have the K3 interview ready but the I-130 just got approved and sent to NVC. We've received no packets on the I-130 so its very early in that process. My wife is doing business in her home country and she would like to sort of hedge her bets. She wants to pass the K3 interview and get the 6-month visa but then wait in her home country for the I-130 to come so she can keep doing her business. If the I-130 doesnt come in time, she'll take the visa and fly out before the 6 months is up. If the I-130 DOES arrive in time, she'll take that interview and come without having to mess around with the AOS.

Is this possible? I see lots of people getting a k3, flying out and then coming back to their embassy for the I-130, but what about getting a k3 and just never using it? will that affect the I-130 process in any way?

K-3s are issued with 2 years validity at most consulates. They don't expire in 6 months unlike K-1s, although it's probably a good idea to use them within 6 months.

You're looking at 5-8 weeks for the I-130 at NVC, then possibly another 1-6 months for consular processing, depending on which consulate.

There should not be a problem with not using the K-3 and waiting for the I-130 to come through.

[morocco4ever 63]

I highly doubt that the NVC will finish their process in 6 to 8 weeks. You are looking at more like 4 to 5 months. As far as the consulate, well that is very individual.

Good luck!

[aussiewench 9]

Is this possible? I see lots of people getting a k3, flying out and then coming back to their embassy for the I-130, but what about getting a k3 and just never using it? will that affect the I-130 process in any way?

Yes she could wait on the I-130 and apply for the CR-1 even though she will already have the K-3. I imagine this is not the first time someone has wanted and or done this. I dont see how it is any different to entering on a K-3.....going back to embassy and then re-entering the US on a CR-1. As has been said the K-3 is not like the K-1 which has a 6 month validity.

[demiurge 0]

Thank you all for your replies!