I130 versus K-3 I NEED HELP!

[Yodrak 7]

jessica and rob,

I-130 does not need to be approved before a K3 can apply to adjust status.

Yodrak

Now, when you say "your 130 would have to be approved first", are you refering to the notice of application reciept thingy they send you in the mail...that basically just says, when then received your petition, and that you just have to wait now??? And being almost 2 monts into the waiting after the receipt notice, would it be too late or a waste of time/money (though time is of unequatable value) to start the K-3 visa when it's only taking approximately 6 months to approve the 130?

Another clarification. When I said "130 approved first".. i was talking in relations to applying for AOS. Thats if you went through the k3 route and adjusting status to permanent residence (I-485) within the US.

....

[morocco4ever 63]

Hi, My name is Andrea. I'm a US citizen and I married April 26, 2006 to a Brazilian. My petition for the I-130 was recieved on June 3, 2006, and I'm still in the waiting process. My question is, should I wait it out for immigrant visa for my husband, or apply for a K-3? Other than the filing fee for the K-3, are there more fees after he comes here, or adjusting status, etc? Is it more complicated and expensive to get the K-3 than the I-130? I know the I-130 is a "stronger" visa, since it is an immigrant visa....I'm just already freaking out and missing him so much more than I thought...I just want him here! What to do.....?

HI Andrea!

I have a question.I cant understand why did you file the I-130 petition ?

Is your husband in the U.S right now? If your husband is not in the U.S right now ,you should guys file for the K-3 visa only

My best wishes.

Sincerely.

FYI, in order to qualify for a K-3 visa you must have an I-130 filed.

As for the OP, it really is a hit and miss thing. The NBC for the I-29F is working on the petitions from 3/5/06, so a little over 4 months processing. The CSC is working on I-130 cases from 1/16/06. Not quite a 2 month lead. Now depending on your consulate, the I-130 usually takes longer at the NVC, by about 4 months on average I would say. So all signs point to the K-3 as going faster. But of course when he gets to the US there are things he will have to do extra on the K-3 than on the CR1. I don't have as much experience with the K-3 after they get to the US, but hopefully I have given you enough to help you in your decision.

[sleeplessseattle 0]

jessica and rob,

I-130 does not need to be approved before a K3 can apply to adjust status.

Yodrak

Now, when you say "your 130 would have to be approved first", are you refering to the notice of application reciept thingy they send you in the mail...that basically just says, when then received your petition, and that you just have to wait now??? And being almost 2 monts into the waiting after the receipt notice, would it be too late or a waste of time/money (though time is of unequatable value) to start the K-3 visa when it's only taking approximately 6 months to approve the 130?

Another clarification. When I said "130 approved first".. i was talking in relations to applying for AOS. Thats if you went through the k3 route and adjusting status to permanent residence (I-485) within the US.

....

Actually yes it does because you need to provide the approval notice of your 130 with your AOS application. Its not the CR1 visa that needs to be approved, just the petition.

[Yodrak 7]

jessica and rob,

Actually no it does not. And one does not need to provide the I-130 approval notice with their I-485 - the instruction is a bit misleading in that regard. Ask all the people who submit I-130 and I-485 simultaneously.

Although I frequently caution that one person's experience does not necessarily mean that everyone will have the same experience, on this subject I will offer up that my K3 wife had no problem applying for adjustment prior to the approval of my petition.

(Of course an immigrant visa does not have to be approved first - if an immigrant visa application has been approved there will be no adjustment of status.)

Yodrak

jessica and rob,

I-130 does not need to be approved before a K3 can apply to adjust status.

Yodrak

Now, when you say "your 130 would have to be approved first", are you refering to the notice of application reciept thingy they send you in the mail...that basically just says, when then received your petition, and that you just have to wait now??? And being almost 2 monts into the waiting after the receipt notice, would it be too late or a waste of time/money (though time is of unequatable value) to start the K-3 visa when it's only taking approximately 6 months to approve the 130?

Another clarification. When I said "130 approved first".. i was talking in relations to applying for AOS. Thats if you went through the k3 route and adjusting status to permanent residence (I-485) within the US.

....

Actually yes it does because you need to provide the approval notice of your 130 with your AOS application. Its not the CR1 visa that needs to be approved, just the petition.

Edited July 24, 2006 by Yodrak