Question about K3 and traveling to US. (I just want to make sure something)

[K and T 0]

My question is based on the info on --> http://santodomingo.usembassy.gov/atc-090601.html

I will be getting married to my fiance on Dec 31st in Toronto.

If I apply for a K3 visa, since it is considered a non-immigrant visa, it says it will allow my "spouse to travel to United States and apply through USCIS to become a Lawful Permanent Resident (LPR)".

So does that mean after I am done with I130/I129-F part and get my NOA2, my then wife will be able to travel to US and apply to become a LPR? I understand that she will still have to go back for her medical and interview, since we live only 7-7.5 hours away by car from each other, that would be no problem.

I think what i am saying above is not possible. Am I correct? Or she can in fact come to US and then file for LPR and then after she gets her visa file for AOS. I dont mind with the extra money associated with K3/AOS nor do I mind her not being able to work right after she comes to US.

Thanks in advance

[ValerieA 350]

My question is based on the info on --> http://santodomingo.usembassy.gov/atc-090601.html

I will be getting married to my fiance on Dec 31st in Toronto.

If I apply for a K3 visa, since it is considered a non-immigrant visa, it says it will allow my "spouse to travel to United States and apply through USCIS to become a Lawful Permanent Resident (LPR)".

So does that mean after I am done with I130/I129-F part and get my NOA2, my then wife will be able to travel to US and apply to become a LPR? I understand that she will still have to go back for her medical and interview, since we live only 7-7.5 hours away by car from each other, that would be no problem.

I think what i am saying above is not possible. Am I correct? Or she can in fact come to US and then file for LPR and then after she gets her visa file for AOS. I dont mind with the extra money associated with K3/AOS nor do I mind her not being able to work right after she comes to US.

Thanks in advance

It's once you GET the K3 visa, your spouse can travel to the US and apply for LPR. So, you have to go through the whole process, including an embassy interview in your spouse's country.

[K and T 0]

My question is based on the info on --> http://santodomingo.usembassy.gov/atc-090601.html

I will be getting married to my fiance on Dec 31st in Toronto.

If I apply for a K3 visa, since it is considered a non-immigrant visa, it says it will allow my "spouse to travel to United States and apply through USCIS to become a Lawful Permanent Resident (LPR)".

So does that mean after I am done with I130/I129-F part and get my NOA2, my then wife will be able to travel to US and apply to become a LPR? I understand that she will still have to go back for her medical and interview, since we live only 7-7.5 hours away by car from each other, that would be no problem.

I think what i am saying above is not possible. Am I correct? Or she can in fact come to US and then file for LPR and then after she gets her visa file for AOS. I dont mind with the extra money associated with K3/AOS nor do I mind her not being able to work right after she comes to US.

Thanks in advance

It's once you GET the K3 visa, your spouse can travel to the US and apply for LPR. So, you have to go through the whole process, including an embassy interview in your spouse's country.

Thanks for the reply!

Hmm.. then what's the purpose of applying for LPR? Is AOS the process to become a LPR? And in the case of CR1, she gets the green card right away.. if i recall correctly.

Makes me wonder why do they have K3 option in the first place

[trailmix 77]

Hi,

You will want to look at the Guides (link at top of page) to see the differences in visa types - AOS is not for you, it can only be applied for if the alien is already in the U.S. and did not have intent to go to the U.S. to reside before they entered.

You should really consider the CR1 visa instead. The K3 is really not much faster than a CR1 and your wife will be a PR as soon as she crosses the border after processing/receiving her visa - no need to adjust status after she arrives. It is also cheaper.

The reason there is a K3 is because historically they were faster (an attempt to solve slow IR1/CR1 processing) - it is now basically just a waste of time (and money) when compared to the CR1.

Good luck

Edited December 12, 2009 by trailmix

[canadian_wife 1,829]

The NOA-2 is the approval of the petition, not the visa itself. After the petition is approved, there will be an interview and upon a successful interview, the visa will be grated.

If you marry your fiance on New Years Eve then file the I130 as soon as possible (remember, you'll need the marriage certificate for the registry of marriage before you apply, the solomization of marriage is not sufficient - this takes about 6 weeks to get after the marriage) then follow the steps for the CR-1.

Good luck

[Dakine 26]

Makes me wonder why do they have K3 option in the first place

Used to be CRs were WAY slower so the LIFE act was inniated to enable families to get together quicker.

They would get the K3, go and live in the US until the CR-1 visa interview and return home and et the CR visa.

CRs have speeded WAY up and doing a K3 is obsolete now.

I guess things couls change.

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

[K and T 0]

Makes me wonder why do they have K3 option in the first place

Used to be CRs were WAY slower so the LIFE act was inniated to enable families to get together quicker.

They would get the K3, go and live in the US until the CR-1 visa interview and return home and et the CR visa.

CRs have speeded WAY up and doing a K3 is obsolete now.

I guess things couls change.

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

Wow! That's a very detailed reply. Thanks for that.

My mom was after me saying that K3's can come early.. and I knew that wasn't true.. Now I can show her this thread.

[K and T 0]

The NOA-2 is the approval of the petition, not the visa itself. After the petition is approved, there will be an interview and upon a successful interview, the visa will be grated.

If you marry your fiance on New Years Eve then file the I130 as soon as possible (remember, you'll need the marriage certificate for the registry of marriage before you apply, the solomization of marriage is not sufficient - this takes about 6 weeks to get after the marriage) then follow the steps for the CR-1.

Good luck

Yup.. that's the worst part. The waiting for the marriage certificate.

Atleast it'll get me enough time to get other documents (W2,1940,etc etc) ready.