K-3 and I-130

[Jamaican Luv 13]

so i am going to finally file for the I-130. I saw on the USICS? website that you can also file for the K-3 while waiting for a approval on the I-130..is this true and how long AFTER u turn in the I-130 can you file for the K-3? Thanks guys.

[Boiler 45,486]

K3 is effectively dead.

[Jamaican Luv 13]

K3 is effectively dead.

oh... so the website isnt right? becuz it says while its pending (I-130) you can file for the K-3... if thats not right, then what can he come over on while its pending?

[Boiler 45,486]

oh... so the website isnt right? becuz it says while its pending (I-130) you can file for the K-3... if thats not right, then what can he come over on while its pending?

? Lots of info on here.

Whatever visa he has access to, visitor visa?

[Jamaican Luv 13]

? Lots of info on here.

Whatever visa he has access to, visitor visa?

yeh im looking on this site.. im fairly new here. i heard it was hard to get a visitors visa tho.. Ill have to look and see.

[january7th 7]

HI hello everyone here. I just want to know for those who already approved their petitions. My husband filed a form I-130 this June 2011. He got the form 727 or NOA receipt. We always checked the status of that form but still in "initial review". Why it says there that the processing time of this form is 5.5 months. Our form is ahead of 5.5 months. I am losing hope and patience, pls help. Thanks

[R_N_M 4]

oh... so the website isnt right? becuz it says while its pending (I-130) you can file for the K-3... if thats not right, then what can he come over on while its pending?

In the past the I130 took a longer time to recieve and the spouse could apply for K3 while waiting. Recently, the average time for the IR1/CR1 spousal visa is about 5-6 months for approval. You can file a K-3 but it may be approved at the same time as the I130 and then it would be adminstratively closed. That's why the previous post said that the K-3 is dead. Many petitioners are not using this form any more. Read all the online guides for help. Good Luck with your decision and journey.

[Adriene H 89]

so i am going to finally file for the I-130. I saw on the USICS? website that you can also file for the K-3 while waiting for a approval on the I-130..is this true and how long AFTER u turn in the I-130 can you file for the K-3? Thanks guys.

You can file for a K-3 as soon as you get the NOA1 from the I-130

[Ryan H 3,812]

so i am going to finally file for the I-130. I saw on the USICS? website that you can also file for the K-3 while waiting for a approval on the I-130..is this true and how long AFTER u turn in the I-130 can you file for the K-3? Thanks guys.

You have the option of filing an I-129F to start the K3 path after you have filed and received an NOA1 for the I-130.

Here is what happens if you do:

• USCIS ties the two petitions together by pulling the I-130 from its current place in the queue and placed with the I-129F you will have just submitted
  
• Both petitions are usually adjudicated at the same time
  
• The two approved petitions are then sent to the NVC
  
• If the two petitions arrive at the NVC at the same time or if the I-130 arrives at the NVC before the I-129F, the I-129F petition will be administratively closed, leaving only the I-130 for CR-1 active (this is what happens a majority of the time)
  
• If the I-129F arrives at the NVC first, it will be processed and you will then have a choice how you wish to proceed
  

It's ultimately your choice if you want to pursue the K3 path or not. My suggestion to you is don't bother.

Edited December 3, 2011 by Ryan H

[pushbrk 12,878]

oh... so the website isnt right? becuz it says while its pending (I-130) you can file for the K-3... if thats not right, then what can he come over on while its pending?

USCIS hasn't updated their K3 related information in years. When K3 was created, it was taking years to approve an I-130 for a spouse of a US Citizen. Now they process both petitions together and approve them the same day, so no time advantage for the past five years. Stick with the CR1. For most couples, the visiting is achieved by the US Citizen traveling to visit the foreign spouse. Canada and VWP countries are the primary exceptions.

[RICARDO4EVA2 194]

K3 is effectively dead.

[Jamaican Luv 13]

Thanks guys for the responses.. i was reading on somebodys forum about expediting a visa? i guess ill have to look into to and see what happens with that. Theres just alot of family things goin on (my gma has stage 3 lung cancer and saliva gland cancer going to pass with in 6mon-1yr) been really crazy 2-3 mon.

[trance325 0]

Is there a way to bring over your significant other while we wait for her I-130? I see Visitors Visa, but is that doable? What should I do guys?

[pushbrk 12,878]

Thanks guys for the responses.. i was reading on somebodys forum about expediting a visa? i guess ill have to look into to and see what happens with that. Theres just alot of family things goin on (my gma has stage 3 lung cancer and saliva gland cancer going to pass with in 6mon-1yr) been really crazy 2-3 mon.

You can try an expedite request but they are generally only approved when the petitioner has a medical need for a caretaker and there's nobody else to do it.

Is there a way to bring over your significant other while we wait for her I-130? I see Visitors Visa, but is that doable? What should I do guys?

Only if the foreigner already has a visitor visa or is from a country from which no visa is needed. The law indicates people with immigrant intent are ineligible to receive visitor visas. Plan on you doing the travel for any visits.

[Boiler 45,486]

Ineligible may be too strong a word.

Impractical in these circumstances, or very unlikely.