K-3 sucess stories?

[Savanna 0]

Hello everyone, my husband and I are currently debating which route to take to get myself and his kids into the US. We were married in the US 2 years ago and have been living together in the UK, he just recently returned to start the visa process. He's adamant that the k-3 is the way to go, but I'm not convinced.

I was on another website and they strongly advised against the k-3, and the more I read I can see why. It was just the second we heard it could get us their quicker- it appealed to us, but now im hearing some horror stories and would hate for us to end up in that situation. It's killing us being apart, more so for him being away from the kids.

We are not that well off and from what I can make out, the k-3 can be very expensive and a waste of time and effort.

Anyone going through it right now or recently been through it?

Edited August 4, 2010 by Savanna

[canadian_wife 1,822]

No, you should not be conviced the K-3 is the way to go because it was administratively closed. It is no longer an option for you both.

When we filed, those who filed for a K-3 were approved 6-8 weeks after those who petition for a Cr-1. It used to be HEAPS faster, but that hasn't been the case for a while now.

http://www.visajourney.com/content/i130guide1

Follow the guides for the Cr-1 spousal visa

Good luck

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.

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

PS for years now, the I-130 and the I-129F have been approved on the same day so please don't think "Oh that's only the case if..." because that is the case

[Penguin_ie 5,993]

Canadian-wife is correct, though I think you will be applying for the IR-1 visa, which is given to spouses married more than 2 years and leads to an immediate ten year greencard upon entry. The process is the same as for the CR-1 visa, which is for couples married less than two years.

Is your USC husband already permanently back in the USA? Because if he still has legal residence in the UK (visiting the USA would be ok), he could petition for your IR-1 directly via the embassy in London (also called DCF- direct consular filing), which is much faster than applying in the USA (mine, in Ireland, took 6 weeks- filing via the USA takes 6-8months).

[Darnell 8,478]

ya, if he's a legal resident in the UK, then he should file Direct Consular Filing to London with an I-130.

see http://www.visajourney.com/content/dcf for the steps.

FWIW, all DCF filers have 'proof of domicile' or 'proof of re-establishing domicile' issues, which are better served, better to fix, after filing the I-130 to the US Embassy.

re: K-3 - is yer husband trainable?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

----

The good news, regardless of where the filing takes place (to Chicago or London) - you qualify for an IR-1 visa category - which is, IMO, mondo cool - no mucking about with USCIS with more paperwork after arrival in USA, for 10 years.

[pushbrk 12,898]

ya, if he's a legal resident in the UK, then he should file Direct Consular Filing to London with an I-130.

see http://www.visajourney.com/content/dcf for the steps.

FWIW, all DCF filers have 'proof of domicile' or 'proof of re-establishing domicile' issues, which are better served, better to fix, after filing the I-130 to the US Embassy.

re: K-3 - is yer husband trainable?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

----

The good news, regardless of where the filing takes place (to Chicago or London) - you qualify for an IR-1 visa category - which is, IMO, mondo cool - no mucking about with USCIS with more paperwork after arrival in USA, for 10 years.

While he may have UK legal resident status, the OP indicates he returned to the US already.

[Savanna 0]

While he may have UK legal resident status, the OP indicates he returned to the US already.

He's not a resident (long story) and yes he is back in the US. I feel like just telling him to forget it and make plans to come back here, just dont think we are prepared for this.. I was all for it until I went on another expat forum and tbh.. they have scared the living daylights into me and really made me doubt the whole thing.

*sigh* why does it have to be so difficult.

[Savanna 0]

Another problem we have came across that may put a spanner in the works. He is not going to be here for the birth of his child, so he wont be able to sign the birth cert, how would we get US passports for the kids if he is not in the Country?

Is there any way around that? on the embassy it says that if only one parent is in the country to call that office, but I couldn't find a number and its expensive

Can I just get the kids British passports to enter? but then that leaves the birth cert unsigned.. if its not one thing its another.

[Mikey J. 0]

Hello everyone, my husband and I are currently debating which route to take to get myself and his kids into the US. We were married in the US 2 years ago and have been living together in the UK, he just recently returned to start the visa process. He's adamant that the k-3 is the way to go, but I'm not convinced.

I was on another website and they strongly advised against the k-3, and the more I read I can see why. It was just the second we heard it could get us their quicker- it appealed to us, but now im hearing some horror stories and would hate for us to end up in that situation. It's killing us being apart, more so for him being away from the kids.

We are not that well off and from what I can make out, the k-3 can be very expensive and a waste of time and effort.

Anyone going through it right now or recently been through it?

Hello. I am quite new here but I have asked my friend about the K-3 visa. It is not as scary as you think it is. It is better to apply for a K-3 because it gives you a chance to be in the US faster. Like it is said, if the I-130 arrives earlier or the same as the I-129f, the K visa application will be scrapped and it will be treated as an ordinary petition. I suggest you go for the K visa because if your I-130 is approved earlier, then you just do the IR-1. Tip: Do the I-129f ahead of time and once you receive the NOA1, send the form with the NOA1 immediately back to the USCIS.

[canadian_wife 1,822]

The I-129F and the I-130, for many years now, have been being approved on the same day. This is unlikely to change

When we petitioned, the I-129Fs (for the K3) were approved 6 - 8 weeks later than those of us who simply filed an I-130.

Good luck

Edited August 9, 2010 by canadian_wife

[maxT 0]

Hello everyone, my husband and I are currently debating which route to take to get myself and his kids into the US. We were married in the US 2 years ago and have been living together in the UK, he just recently returned to start the visa process. He's adamant that the k-3 is the way to go, but I'm not convinced.

I was on another website and they strongly advised against the k-3, and the more I read I can see why. It was just the second we heard it could get us their quicker- it appealed to us, but now im hearing some horror stories and would hate for us to end up in that situation. It's killing us being apart, more so for him being away from the kids.

We are not that well off and from what I can make out, the k-3 can be very expensive and a waste of time and effort.

Anyone going through it right now or recently been through it?

Yes,I have been through it,got married in USA,and NVC decided to take 2 years to process my case while I was in UK..cost a lot of money including "lost fees".Was it worth it? NO.I have green card and residing in USA now and I say,it's not worth it.

[Darnell 8,478]

Hello. I am quite new here but I have asked my friend about the K-3 visa. It is not as scary as you think it is. It is better to apply for a K-3 because it gives you a chance to be in the US faster. Like it is said, if the I-130 arrives earlier or the same as the I-129f, the K visa application will be scrapped and it will be treated as an ordinary petition. I suggest you go for the K visa because if your I-130 is approved earlier, then you just do the IR-1. Tip: Do the I-129f ahead of time and once you receive the NOA1, send the form with the NOA1 immediately back to the USCIS.

I'm terribly sorry, Mikey J. - the 'concept' of successfully obtaining a K-3 visa, after 1 FEB 2010, is mostly an exercise in futility. Suggest you go back to your friend, with a printout of this link --> http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/ then ask your friend's advice, again. I'd be interested to know your friend's advice AFTER he/she has read the contents of that link.

[Savanna 0]

I'm terribly sorry, Mikey J. - the 'concept' of successfully obtaining a K-3 visa, after 1 FEB 2010, is mostly an exercise in futility. Suggest you go back to your friend, with a printout of this link --> http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/ then ask your friend's advice, again. I'd be interested to know your friend's advice AFTER he/she has read the contents of that link.

Ohh what to do so many advise against the K-3 and it must be with good reason. For some reason I cant find the costs of Adjustment to status, there will be myself and my 3 kids. 2 are his but he wont be here in the UK to get them US passports so we will need to file for them and then hopefully sort out their citizenship once over there.

Sound ok? such a confusing and worrying situation. My husband is adamant that the K-3 is the way to go because it will get us there sooner (not even the case) need to try and convince him otherwise.

[Darnell 8,478]

costs -

http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

it's a little outdated, but not by much. IE - the Consulate fee for a K3 is 350 now, same amount for a K-4.

re: kids - OK ! since you are RELYING on a set of K-4s for your children -

I must tell you -

you've got a 99.9 percent chance of the I-129F being adminstratively closed at NVC, as it travels together with the approved I-130. So, as the I-129F is CLOSED at NVC, your ability to further FILE for the K-3 and K-4, is DEAD.

strongly suggest yer husband file a set of I-130's, bundled together. I'm guessing he's adamant about the K-3 and K-4s because of the initial cost of filing - but let me tell ya - will not be any K3 and K4s available for you and yours - that I-129F will be administratively closed at NVC - and it's the I-129F that ya need to 'further along' the K-3/K-4 process.

Edited August 10, 2010 by Darnell