Wife returned..is K3 the right Approach?

[provec 5]

Well, back in June of last year my Wife, who is from Colombia, (we were married here in Wisconsin in March of 2009), had to return there to complete a teaching obligation that came up.

She had entered on a K1 but had to leave before AOS and Advanced Parole were granted..We knew it, the decision was ours, and in the long run it will hopefully be the right one.

However, she has now tied up her loose ends and can come back permanently with her minor child whenever I can get her a Visa.

The K1 appears dead, I got the rejection letter from Milwaukee (her AOS appointment showed up in the mail the week after she left ,and of course we couldn't keep it although I did send them an explanation) and have no plans to take the K1 process any further.

My basic question is if I am correct in applying for the K3 (and a K4 for the child) or if I should consider the IR1?

Also, any way to predict what effect the "failed" K1 application will have on all of this? The USCIS has ALL of our application materials and verifications, photos, documents etcetera from the K1 and AOS procedure but I am assuming I will need to start over from scratch and follow the new Visa application process exactly as outlined, meaning assemble everything anew?

For you guys that track these sort of things, it's interesting and a little bit ironic that, by my estimate, about 7 or 8 days spelled the difference between success and failure with her original application for AOS...she left on June 21 and TWO days later I got her expedited appointment in the mail, set for the following Monday.

Anyway, thanks in advance and I really could use some advice on which Spousal visa approach to take.

Greetings from snowy Wisconsin..

[payxibka 10,047]

Spousal visa is your route.... I would simply do the IR/CR visa and skip the K-3

[pushbrk 13,181]

Spousal visa is your route.... I would simply do the IR/CR visa and skip the K-3

[Rebecca Jo 1,962]

Before you refile it would be a good idea to make an Infopass appointment.

It's armchair quarterbacking to inform you this, but it would have been in your best interest to have attended that interview. You state you informed USCIS of the reasons for not attending. This is good because that correspondence should be a part of her case file.

BUT......in case it is not, it would be a good idea to ascertain if the old case file is documented properly. You don't want any appearances of the marriage being less than legitimate OR of the appearance of the case being abandoned out of neglect on your part.

[provec 5]

Thanks very much for the replies you guys.

Looks like the IR1...The slightly longer waiting period is no particular problem. (compared to the K3).

Best Wishes