New to k3 process

[suzanne1337 0]

Hi all,

I am new to this forum and I am trying to sort through all t=of the necessary documents in order to start the application process for my husband to come to America. If I may just list what I have gathered together so I can figure out what is right/wrong?

-Applying for a k3 visa

1st- I-130 form

once I get back the form I-797 I can send the I-129f form

Once both (?) petitions are approved they will be sent to the NVC

This is now where I get confused:

If the I-130 is received at the department of state first, the process will automatically be switched to the CR-1 process? Is there an option at this point to continue on with the K3, or no? To me it doesn't appear to be possible, but I am alos concerned about the difference in processing time.

Are there more forms at this point that need to be filed, or can be filed?

The marriage will take place in the Netherlands and my husband will fly to the states with me on an (approved) tourist visa initially. Can I start to file these papers while he is visiting in the country with me, or does he have to be in the Netherlands. Basically, we would love it if he could stay with me while we wait for the interview to be set up.

If this is possible, how much notice will we get of his interview and what he needs to prepare. For example, if it is one month then that is good, but one week's notice will prove difficult if he has to fly back.

He has worked on ships for the past years, and the most recent one was in West Africa (which would esentially be impossible to obtain records from, not to metion the ship was under Malat law). Are police records necessary for these places or just where his permanent residence has been listed the past years (which has always remained in the netherlands)

Ok, I think I may be asking too much. Thanks anyone who has some insight, we just want to get it right the first time!

-Suzanne

[canadian_wife 1,826]

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

The K3 visa is no longer a viable option for you. Yes USCIS will accept it, process it, and even approve it, then the National Visa Centre will close it

Follow the guide above for the quicker, cheaper Cr-1 visa

Yes, you can start the paperwork for your husband while he is in the US, however he must leave to go back home at the end of his alloted time in the US

Good luck

[pushbrk 13,043]

Hi all,

I am new to this forum and I am trying to sort through all t=of the necessary documents in order to start the application process for my husband to come to America. If I may just list what I have gathered together so I can figure out what is right/wrong?

-Applying for a k3 visa

1st- I-130 form

once I get back the form I-797 I can send the I-129f form

Once both (?) petitions are approved they will be sent to the NVC

This is now where I get confused:

If the I-130 is received at the department of state first, the process will automatically be switched to the CR-1 process? Is there an option at this point to continue on with the K3, or no? To me it doesn't appear to be possible, but I am alos concerned about the difference in processing time.

No.

[suzanne1337 0]

I don't understand why all of the K3 information still is up to date, etc...on the US websites. Is it written somewhere that the K3 will no longer work, or is it just redundant and therefore the (seemingly) more streamlined way is to go via the CR-1 process. Our intention is to be seperated as little as possible (I know it is the same for everyone)

From what I see its just a matter of what goes fastest, or is the K3 being phased out (this is what I am trying to figure out)

[YuAndDan 153]

I don't understand why all of the K3 information still is up to date, etc...on the US websites. Is it written somewhere that the K3 will no longer work, or is it just redundant and therefore the (seemingly) more streamlined way is to go via the CR-1 process. Our intention is to be seperated as little as possible (I know it is the same for everyone)

From what I see its just a matter of what goes fastest, or is the K3 being phased out (this is what I am trying to figure out)

Because the LIFE Act law has not been repealed, it will always remain an option because of the law.

However, the K-3 was an option for only one reason, VERY slow processing of I-130 petitions, a few years back when that law was enacted, I-130 for spouse visas were taking 1-2 years to process. K-3 gave a couple the option to enter the USA as a non-immigrant to WAIT out the 1-2 years it was taking for their I-130 to be approved by USCIS so that they could then file to adjust status, or return home to interview for an IR-1 spouse visa. Since then USCIS and NVC have reduced the processing time down to the point where the K-3 in no longer required, the I-130 is being approved BEFORE the K-3 petition gets sent to NVC, K-3 no longer has a reason at that point (WAITING for I-130 approval)

Edited April 6, 2011 by YuAndDan

[suzanne1337 0]

Thanks all for your help. From what I am reading there is a split between people who do the I 130 and I 129F as soon as they have can. If both are viable options, I imagine we should submit both documents and see what happens. What is the worse that can happen?

Thanks again!

[pushbrk 13,043]

Thanks all for your help. From what I am reading there is a split between people who do the I 130 and I 129F as soon as they have can. If both are viable options, I imagine we should submit both documents and see what happens. What is the worse that can happen?

Thanks again!

The worst that can happen is that your I-130 NOA1 takes 30 or more days to receive, then a few days more to file the I-129F, delaying the approval of the I-130 that will actually result in a visa, for up to about 45 days. Worse than that is that once your I-129F is closed at NVC, you realize you neglected to prepare for the NVC process required for the I-130 by studying the NVC guide and shortcuts. Now you've lost several more weeks.

The best that can happen is some freak accident that allows the K3 to go through, saving you maybe six weeks and costing several hundred more dollars in government fees and the associated headaches to go with filing AOS.

[Darnell 8,479]

worst that can happen?

--I-129F submittal removes the I-130 from it's current place in queue, gets a new place in queue, delays movement in queue.

--I-129F and I-130 approved on same day, travel together to NVC, I-129F administratively closed at NVC because the BASIS for the K-3, an unapproved I-130 petition, no longer exists.