K3 visa

[Dakine 26]

Anyone have official links showing K3/K4s are no longer available?

[Bernie C 24]

Below is the only "official" link I have been able to find so far.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

[Dakine 26]

Below is the only "official" link I have been able to find so far.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

Looks like they may still process K3s in some cases.

[pushbrk 12,872]

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

Looks like they may still process K3s in some cases.

Yes, they will in the rare case the two petitions don't arrive together but that's nothing the petitioner has any control over or can predict. K3 has saved not meaningful time for over three years.

[Sisyphus 1]

Hi, I'm a new guy here (USC). I have been studying this site for some time, IMO it is the best visa help site on the web. Thanks to everyone that maintains and participates.

I am anticipating filing a visa app for my fiance(e). She is a Chinese national, also she has a son who is close to 19yo. Her son would like to come to the US as well. I am trying to determine which visa type is best in this case.

We are undecided whether we will marry in China and persue K3 or go the K1 route.

I have a few questions that I don't see the answer to in the guides etc.

My apology if I have overlooked something.

I can see that the IR1/CR1 is the best way to go, but it seems that this does not provide a visa path for my fiancee's son. I believe that it will need to be a K1 or K3 so her son will have derivative status.

1.) Please confirm that my spouse's (if we marry in China) son could not get an IR2/CR2 visa, since he does not qualify as a stepchild for the purpose of I-130 filing by a USC.

It seems that there is a certain advantage to K3 vs K1 in that it's a bit cheaper and

we would have longer to file for AOS, also no AP required for travel.

I see that now K3 has become a bit more difficult, since the IR1/CR1 path is forced re: "effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends."

2.) This forced IR1/CR1 path seems to eliminate the K3 advantage of derivitive status for foreign spouse's children between 18 and 21 who do not qualify as stepchildren.

Am I right on this?

3.) Perhaps there would be a way to delay the I-130 (missing info-> RFE) so that the I-129F would go to NVC before the I-130 approval therefore allowing the K3 path.

Comments?

Of course, I want my sweetheart and her son to come to the US ASAP, so I don't want to present any red flage to USCIS or NVC.

One more thing:

4.) Does a foreign fiance(e) or spouse's child (18-21yo) who comes to the US as a derivative (either K2 or K4) qualifies for conditional, then permanent legal resident status, via AOS, regardless of the stepchild issue?

Thanks all...

[pushbrk 12,872]

Hi, I'm a new guy here (USC). I have been studying this site for some time, IMO it is the best visa help site on the web. Thanks to everyone that maintains and participates.

I am anticipating filing a visa app for my fiance(e). She is a Chinese national, also she has a son who is close to 19yo. Her son would like to come to the US as well. I am trying to determine which visa type is best in this case.

We are undecided whether we will marry in China and persue K3 or go the K1 route.

I have a few questions that I don't see the answer to in the guides etc.

My apology if I have overlooked something.

I can see that the IR1/CR1 is the best way to go, but it seems that this does not provide a visa path for my fiancee's son. I believe that it will need to be a K1 or K3 so her son will have derivative status.

1.) Please confirm that my spouse's (if we marry in China) son could not get an IR2/CR2 visa, since he does not qualify as a stepchild for the purpose of I-130 filing by a USC.

It seems that there is a certain advantage to K3 vs K1 in that it's a bit cheaper and

we would have longer to file for AOS, also no AP required for travel.

I see that now K3 has become a bit more difficult, since the IR1/CR1 path is forced re: "effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends."

2.) This forced IR1/CR1 path seems to eliminate the K3 advantage of derivitive status for foreign spouse's children between 18 and 21 who do not qualify as stepchildren.

Am I right on this?

3.) Perhaps there would be a way to delay the I-130 (missing info-> RFE) so that the I-129F would go to NVC before the I-130 approval therefore allowing the K3 path.

Comments?

Of course, I want my sweetheart and her son to come to the US ASAP, so I don't want to present any red flage to USCIS or NVC.

One more thing:

4.) Does a foreign fiance(e) or spouse's child (18-21yo) who comes to the US as a derivative (either K2 or K4) qualifies for conditional, then permanent legal resident status, via AOS, regardless of the stepchild issue?

Thanks all...

Even when K3/4 was alive and well, it did not provide a path to permanent residency for any child who was already 18 at the time of the marriage. The K1/2 is the only viable path to immigration that includes a 19 year old child unless you want them to apply for a student visa and hope to marry a USC later.

[Sisyphus 1]

Even when K3/4 was alive and well, it did not provide a path to permanent residency for any child who was already 18 at the time of the marriage. The K1/2 is the only viable path to immigration that includes a 19 year old child unless you want them to apply for a student visa and hope to marry a USC later.

OK, Thanks for that clarification.

It looks like the K1/2 is literally the only way to go!