Worth it to apply for K-3 visa?

[JustinKjersti 0]

Hi and thanks in advance for any helpful suggestions.

My wife and I submitted the required I-130 paperwork and received a NOA1 2/28/2011. Like everyone else, we would like for her to be here in the U.S. as quickly as possible. Given that today is April 10, 2011 and the required wait for an approved I-129f (and the wait at the NVC, at the embassy and for the interview), we're thinking it's extremely unlikely that any K-3 would be issued prior to the late summer or fall. What we're thinking instead is for her to come here on a tourist visit this summer (while our I-130 / IR-1 / CR-1 application is being processed) and then estimate when her IR-1 / CR-1 visa interview might be scheduled. Then she'd return home, pack up and move to the U.S. after her interview is complete.

It is our understanding that if all this works out, she will be able to work and travel without any restrictions upon her return to the U.S. after a successful IR-1 / CR-1 interview. Is that correct? Seems better at this point than going the K-3 route and then having to apply to adjust status and all that, though we have to admit we're not sure we fully understand the two alternatives.

Any thoughts or advice on our "plan" above?

Any thoughts about the worthiness of the K-3 vs. IR-1 / CR-1 for our situation?

Thanks (!) again,

Justin and Kjersti

[pushbrk 12,764]

Hi and thanks in advance for any helpful suggestions.

My wife and I submitted the required I-130 paperwork and received a NOA1 2/28/2011. Like everyone else, we would like for her to be here in the U.S. as quickly as possible. Given that today is April 10, 2011 and the required wait for an approved I-129f (and the wait at the NVC, at the embassy and for the interview), we're thinking it's extremely unlikely that any K-3 would be issued prior to the late summer or fall. What we're thinking instead is for her to come here on a tourist visit this summer (while our I-130 / IR-1 / CR-1 application is being processed) and then estimate when her IR-1 / CR-1 visa interview might be scheduled. Then she'd return home, pack up and move to the U.S. after her interview is complete.

It is our understanding that if all this works out, she will be able to work and travel without any restrictions upon her return to the U.S. after a successful IR-1 / CR-1 interview. Is that correct? Seems better at this point than going the K-3 route and then having to apply to adjust status and all that, though we have to admit we're not sure we fully understand the two alternatives.

Any thoughts or advice on our "plan" above?

Any thoughts about the worthiness of the K-3 vs. IR-1 / CR-1 for our situation?

Thanks (!) again,

Justin and Kjersti

I read "worthiness" as "worthlessness" on the first pass. It's the more correct term for the situation.

The chances of EVER getting a K3 visa are freakishly slim but if you file an I-129F now, your I-130 will be hunted down, dragged from its spot in line (without even the ability to kick and scream) and put back in line with your I-129F, delaying your process by a couple months you'll never get back. Then, when both petitions are approved the same day and sent to NVC together, like they've been doing for more than four years now, your I-129F will be summarily executed (administratively closed) by NVC.

[canadian_wife 1,808]

No point in filing an I129F. It will likely slow down your I-130 and delay your case by weeks (according to data posted on here)

But she may travel on a tourist visa and stay as long as she is authroized. She will, obviously, need to return for her medical and interview.

Good luck

Edited April 10, 2011 by canadian_wife

[Darnell 8,478]

Read this -

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/

Let me know yer thoughts, after? TIA !

[JustinKjersti 0]

No point in filing an I129F. It will likely slow down your I-130 and delay your case by weeks (according to data posted on here)

But she may travel on a tourist visa and stay as long as she is authroized. She will, obviously, need to return for her medical and interview.

Good luck

Thanks for your (quick!) response. I guess that's which way we've come to lean toward, even though initially we were thinking "Apply like crazy to all possible alternate avenues and see what comes through first." Given your advice and that of the previous response, I think we'll stick with our original I-130 application and cross our fingers it goes quicker...

Thanks again and take care,

Justin (and Kjersti)

[canadian_wife 1,808]

When we petitioned, those with I129Fs were approved 6-8 weeks AFTER those with stand-alone I130s (and that was back when the K3 was actually available). Recently one OP was delayed 4 weeks because of an I129F.

Good luck

[JustinKjersti 0]

Read this -

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/

Let me know yer thoughts, after? TIA !

Thanks for your response to our post. Very helpful and the way we were leaning after reading some of the comparisons between the two processes here on VJ.com. I guess we got ourselves a bit confused reading things on the internet, some of which still describe the "much faster" K-3 process, but apparently that's a (now untrue) legacy from former times...

Thanks!

Justin (and Kjersti)

[JustinKjersti 0]

I read "worthiness" as "worthlessness" on the first pass. It's the more correct term for the situation.

The chances of EVER getting a K3 visa are freakishly slim but if you file an I-129F now, your I-130 will be hunted down, dragged from its spot in line (without even the ability to kick and scream) and put back in line with your I-129F, delaying your process by a couple months you'll never get back. Then, when both petitions are approved the same day and sent to NVC together, like they've been doing for more than four years now, your I-129F will be summarily executed (administratively closed) by NVC.

Thanks for your response. It seems I'm getting a pretty clear answer to my original post. Thanks!

Justin