I-130 and K-3 visa -- need help please

[milalu 0]

Hi,

I'm a Danish citizen and my husband is an American citizen. We just started the process of applying for a spousal visa and have a few.. well tons of questions.. but I'll start out with a couple of them ...

We were recommended by the embassy to submit a K3 a long with the I-130 - as the process for spousal visa alone can be very lengthy. Does any of you have experience with submitting both an I-130 and a K3? ... And do we in that case need to pay the fee for both petitions?

Also we looking for people who have experiences with in entering the US on a VWP while having an I-130 (and K3) pending... as we would love to be able to see each other during the processing time. (My husbands work doesn't really allow him to visit me for very long). We talked with the embassy about it and they said that it's up to the boarder control in the airport whether I'm allowed in or not. However they did say that it could help if I brought documents that proves ties to my home country to show that I'm not staying in the US but going back within the 90 days. Did anyone try this? if yes.. what documents did you bring? I have about one year left of my masters, so i have documents from my university.

Any help would be greatly appreciated.

Thank you... and good luck to the rest of you!

[payxibka 10,045]

in a K-3 situation, you pay the I-130 fee and then the I-129F is fee waived... all explained in the form instructions

There are many on this board who would say the I-129F actually slows down the I-130.

[christeen 966]

the CR1 is definitely the best bet. I don't even know why they have the K3 process...it sounds good, like it will get you together quicker but the CR1 always gets processed faster...you see it all over this site in the timelines. The K3's are just clogging up the system and making everything slower. They really need to revamp their system...big time!!! K3 is Obsolete!!!

It is true that with the CR1 its better...because yes, your spouse will come here as a legal permanent resident...but if you have not been married for at least 2 years when the visa is issued, your spouse will be a "conditional" permanent resident. Once your spouse comes here and is in the US...90 days prior to the 2 year anniversary of entering the US you will have to file a form to have the conditions lifted so that your spouse can then become a legal "permanent" resident...period. As a conditional resident your spouse can work, get a ssn and card, etc....its the same...but you just have to do one more step to get the "conditions" lifted when you come near the 2 year anniversary of being in the US.

The K3 does not allow you to work, takes about the same amount of time, costs double, requires that you go through a complete Adjustment of Status Process here in the USA, cannot get a Drivers Licence etc, etc... I say dont even bother slowing down your I-130 application with the K3,just go for the Gold!

Hope that helps.

As far as visiting... You can visit but as they said, you have to prove a complelling reason to go back to Denmark (work, house, family) etc... Just bring this proof to the airport and when/if the border control officer asks, just explain to them why you MUST return to Denmark and cannot stay in the USA (they are afraid that you will come over here for a visit and try to adjust status while here)... But many have come and visited without any issues from VWP countries

[milalu 0]

the CR1 is definitely the best bet. I don't even know why they have the K3 process...it sounds good, like it will get you together quicker but the CR1 always gets processed faster...you see it all over this site in the timelines. The K3's are just clogging up the system and making everything slower. They really need to revamp their system...big time!!! K3 is Obsolete!!!

It is true that with the CR1 its better...because yes, your spouse will come here as a legal permanent resident...but if you have not been married for at least 2 years when the visa is issued, your spouse will be a "conditional" permanent resident. Once your spouse comes here and is in the US...90 days prior to the 2 year anniversary of entering the US you will have to file a form to have the conditions lifted so that your spouse can then become a legal "permanent" resident...period. As a conditional resident your spouse can work, get a ssn and card, etc....its the same...but you just have to do one more step to get the "conditions" lifted when you come near the 2 year anniversary of being in the US.

The K3 does not allow you to work, takes about the same amount of time, costs double, requires that you go through a complete Adjustment of Status Process here in the USA, cannot get a Drivers Licence etc, etc... I say dont even bother slowing down your I-130 application with the K3,just go for the Gold!

Hope that helps.

As far as visiting... You can visit but as they said, you have to prove a complelling reason to go back to Denmark (work, house, family) etc... Just bring this proof to the airport and when/if the border control officer asks, just explain to them why you MUST return to Denmark and cannot stay in the USA (they are afraid that you will come over here for a visit and try to adjust status while here)... But many have come and visited without any issues from VWP countries

Thank you very much for your response. It helps a lot. However, if the K-3 and I-130 are filed together the K-3 fee is waived. And correct me if I am wrong but I don't believe there is any adjustment of status because the I-130 is filed with the K-3 already. When the two files are sent together the K-3 is designed to just allow the foreign spouse to enter sooner and travel back and forth without hassle. But do you really think not filing the K-3 at all would be better? Because the clogging up the system thing makes sense and i don't know if it is even worth it? Or do you )or anyone else) really think it can hurt/slow down the process?

Thanks again!

[milalu 0]

Also, Does anyone know the difference between CR1 (what is that in the first place) and I-130, K-3? Are they totally seperate things or are they related? Thanks

[payxibka 10,045]

Also, Does anyone know the difference between CR1 (what is that in the first place) and I-130, K-3? Are they totally seperate things or are they related? Thanks

an I-130 is the petition (when approved) that will eventually result in the ability for the alien spouse to apply for a CR1 immigrant visa.

An I-129F is the petition (when approved) that will eventually result in the ability for the alien spouse to apply for a K-3 visa

[canadian_wife 1,822]

The I-130 and the I-129F are not filed together. The I-130 is sent first and when you receive your fisrt Notice of Action, that is when the I-129F is sent.

When we were filing, those who filed an I-129F were approved 6-8 weeks after those who filed just an I-130. They will typically both be approved on the same day, saving you no time at USCIS.

THe K-3 requires an adjustment of status. You have the option of using to travel back and forth to your home country an interviewing for the Cr-1 if you'd like but there isn't really much advantage to that. Most pay the $1000+ to adjust status. This is not required for the Cr-1 visa. Once you enter on the Cr-1 a green card is mailed to you.

The Cr-1 is the superior visa. While the K-3 may save you a few weeks (really not much more than that), the Cr-1 is cheaper, faster, and results in a green card sooner.

Good luck.