Conflicting Situation: K3 Visa & 2YRHRR

[Lumkrainians 0]

My wife is from Ukraine. In July 2009 our I-130 & I-129 was approved. My wife received her packet from the US consulate in Ukraine to apply for a K-3 Visa in September 2009. In the packet it was noted that she has one year from the date of receiving the packet to apply for K3 Visa (which would be September 2010). However, my wife still has 15 months remaining to fulfull her 2year HRR, which will be completed in June/July 2011.

Question:

1) What can we do without all of the paperwork, including approval on I130 and I-129F, going to waste? We understand that of September 2010, she will be uneligable for K3 due to remaining time for 2 HRR.

Please, help! What can be done?

2)If we do schedule an appointment this September, and the Consular office denies my wife K3 visa, can we reapply just for the visa itself, or do we have to start the whole process over, i.e. filiing i-130, etc?

3) or is possible that K3 visa approval could be delayed/pending until my wife fulfills her 2 HRR next June 2011?

Thank you so much for your input!!!!

[Darnell 8,479]

it's my understanding that MAYBE if her interview is successful, then she can apply for waiver (or is it you that applies for waiver? )

hopefully someone else can chime in about the waiver for a 2 year 'remain at home' clause on a prior student visa?

[Gary and Alla 3,694]

My wife is from Ukraine. In July 2009 our I-130 & I-129 was approved. My wife received her packet from the US consulate in Ukraine to apply for a K-3 Visa in September 2009. In the packet it was noted that she has one year from the date of receiving the packet to apply for K3 Visa (which would be September 2010). However, my wife still has 15 months remaining to fulfull her 2year HRR, which will be completed in June/July 2011.

Question:

1) What can we do without all of the paperwork, including approval on I130 and I-129F, going to waste? We understand that of September 2010, she will be uneligable for K3 due to remaining time for 2 HRR.

Please, help! What can be done?

2)If we do schedule an appointment this September, and the Consular office denies my wife K3 visa, can we reapply just for the visa itself, or do we have to start the whole process over, i.e. filiing i-130, etc?

3) or is possible that K3 visa approval could be delayed/pending until my wife fulfills her 2 HRR next June 2011?

Thank you so much for your input!!!!

You should have applied for a State Depatment waiver before filing the petition. The petition should have been denied. Now that it is approved you will need the state department waiver to be issued the visa, I would not count on the consulate to make the same mistake. USCIS is notorious for letting these get past as it is "not their business", but in essence your wife is as ineligible for a visa as if she were not divorced from someone else. Had you submitted the waiver with the petition it would be forwarded to the consualte and they would have everything they need. As it stands now, the "No Objection" would be a required document for you to present at the interview.

Consulates can handle this as they wish. I would email the consulate and ask them how they wish to proceed. They may suggest submitting a waiver at the time of the interview, they may suggest doing the interview, being approved and holding the visa until the HRR is met. They may suggest submitting a waiver request now and having it before the interview is scheduled. It will be their call.

[Lumkrainians 0]

Thank you guys. Here is some more info to help clarify our situation. My wife lived in the US for 9 years, studying, and finishing up grad school. We have been married for 4 years, have a son, and are so ready to be done with all this stuff!

We have applied for hardhsip waiver and were denied 2ce! Ukraine does not grant No Objection waivers. First time by the Department of State (November 2008), second from USCIS itself (August 2009). While applying for waiver, we applied for I-130 and I-129F (June 2009) thinking if the second waiver petition gets denied,we'll start the K-3 visa paperwork. She had to leave the country as to not overstay her previous visa before the decision on a waiver was made. Waiver was denied August 2009. I-130 and I-129F approved in August as well which told us, right hand doesnt know what the left one is doing. At the end of September, she recieved her information packet from the Consulate to gather all necessary documents to apply for K3. We have lived in Ukraine for 6 months, and she still has 15 months left to fulfill her 2HRR. US Consulate indicated that she has 1 year from the date she received this packet to apply for visa, which this 1 year will be up September 2010. The problem is she has to finish 2HRR which will end in June 2011. Can she still apply before September 2010? Will she be denied? or can the visa approval be pending upon completion of 2 HRR in June 2011?

No more waivers for us, it's almost cheaper to live in Ukraine than keep filing for waivers.

Thank you again, and sorry for the confusion.

Please, continue to post your input, thoughts, suggestions! Any help is much appreciated!

[Aspasia 0]

Thank you guys. Here is some more info to help clarify our situation. My wife lived in the US for 9 years, studying, and finishing up grad school. We have been married for 4 years, have a son, and are so ready to be done with all this stuff!

We have applied for hardhsip waiver and were denied 2ce! Ukraine does not grant No Objection waivers. First time by the Department of State (November 2008), second from USCIS itself (August 2009). While applying for waiver, we applied for I-130 and I-129F (June 2009) thinking if the second waiver petition gets denied,we'll start the K-3 visa paperwork. She had to leave the country as to not overstay her previous visa before the decision on a waiver was made. Waiver was denied August 2009. I-130 and I-129F approved in August as well which told us, right hand doesnt know what the left one is doing. At the end of September, she recieved her information packet from the Consulate to gather all necessary documents to apply for K3. We have lived in Ukraine for 6 months, and she still has 15 months left to fulfill her 2HRR. US Consulate indicated that she has 1 year from the date she received this packet to apply for visa, which this 1 year will be up September 2010. The problem is she has to finish 2HRR which will end in June 2011. Can she still apply before September 2010? Will she be denied? or can the visa approval be pending upon completion of 2 HRR in June 2011?

No more waivers for us, it's almost cheaper to live in Ukraine than keep filing for waivers.

Thank you again, and sorry for the confusion.

Please, continue to post your input, thoughts, suggestions! Any help is much appreciated!

First of all, you can get I-130 approved even without fulfilling the 2YHRR requirement or receiving a waiver.

Secondly, you can try scheduling an interview right before the 1 year is up, explaining your situation, and hoping that perhaps the consular officer will consider the time you have spend in Ukraine to be sufficient fulfillment of the 2YHRR (18 months out of 24). Perhaps they will allow you to receive a visa, rather than having to get another I-130 approved.

Also, why are you trying to get a K-3 instead of an IR-1 visa? You have been married for 4 years, you should be going for the IR-1 since you already have your I-130 approved

[Lumkrainians 0]

Aspasia,

The reason we decided to go for k3 Visa instead of Immigrant visa, its a cheaper route for us at the moment (though it will cost the same at the end). Trying to get her here ASAP, so she can work (she has a good job waiting on her). Those were the two main reasons.

Thank you for your input!

[Darnell 8,479]

you realize, yes, that she cannot work without an EAD or GreenCard? just saying.

[Ruh 0]

I just found out I am subject to 2-years HRR. From the above post it sounds like I can apply for a K3 visa at the same time I am applying for the J1 HRR waiver? The processing times seem to be about the same.

Does anybody know if I can get the K3 visa and enter the States even if the waiver is still in process? Do I really only need the waiver for the AOS to green card, not for K3?

Thanks!

[mustafa1232 3]

Aspasia,

The reason we decided to go for k3 Visa instead of Immigrant visa, its a cheaper route for us at the moment (though it will cost the same at the end). Trying to get her here ASAP, so she can work (she has a good job waiting on her). Those were the two main reasons.

Thank you for your input!

hi lumkrainians and ruh in that case you have only one choice left as you told you recieved visa document packet

in that condition you have only 2 option left

no 1 you dont send your visa document you send your visa document in 1 year time peroid let supose if you send your visa document after 11 month your process continue again at the time of previous hold position when you send your document it will take another 1 or 2 month to make interview with embassy when you recieved your interview letter you can call the embassy and email them and request him iam in 2 year home country resendcy process please extend my interview untill my 2 year home resendcy is not complete mention in your letter when your home country resendcy is complete

and hi ruh you read my previous post hope it is help ful for your case click down

IR-1 / CR-1 Spouse Visa Process & Procedures

Edited February 24, 2010 by mustafa1232

[payxibka 10,047]

Aspasia,

The reason we decided to go for k3 Visa instead of Immigrant visa, its a cheaper route for us at the moment (though it will cost the same at the end). Trying to get her here ASAP, so she can work (she has a good job waiting on her). Those were the two main reasons.

Thank you for your input!

K-3 does not solve the ASAP as it relates to work... after arrival and after application is made it is another 60-90 days to get EAD

[Aspasia 0]

Does anybody know if I can get the K3 visa and enter the States even if the waiver is still in process? Do I really only need the waiver for the AOS to green card, not for K3?

You need to have a waiver in hand or at least a "favorable recommendation" by the Department of State (on their website) to receive a K3. So you can't get the K3 visa and enter the States until a decision on your waiver has been made by DoS.