K-3 Spouse Visa

[LadyDavid 0]

I was planning on going down the I-130 path to bring my hubby here, but am wondering if the K-3 is better route to go. Also, he has 3 kids eligible to come but we can't afford to bring them all now and they are actually in Nigeria, thanks to a relative who took them away while my husband was away. Am worried about that being a problem. They want to be back with their dad but no money to get them there. Anyone have any input? I am so thankful I was told about this website, it's awesome.

[amyandjorge 76]

From what people have posted on this site, K-3 visas are slowly dying out. In my case, our lawyer filed both K-3 and CR/IR on the same day. Then, months later, both petitions were approved on the same day, (he was thinking one might come back before the other). We went I-130, immigrant visa, mostly all of the paperwork is filed before he gets here and the fees are less. Also he will have a green card as soon as he gets here, SSN shortly following.

Not sure about the kids, I think a lot of people petition children at the same time (for CR/IR, K-1, K-3), but of course it will cost that much more. This process is definitely a financial investment, at the beginning, middle and end.

It would help to know where your husband is, how long you have been married, and if the kids have a (living) mother.

[pushbrk 13,036]

I was planning on going down the I-130 path to bring my hubby here, but am wondering if the K-3 is better route to go. Also, he has 3 kids eligible to come but we can't afford to bring them all now and they are actually in Nigeria, thanks to a relative who took them away while my husband was away. Am worried about that being a problem. They want to be back with their dad but no money to get them there. Anyone have any input? I am so thankful I was told about this website, it's awesome.

K3 is dead. Forget about it. Getting the children here requires approved I-130's for them as well. If they are not in your husband's custody, remedying that is the first step, but not a US immigration issue.

[LadyDavid 0]

From what people have posted on this site, K-3 visas are slowly dying out. In my case, our lawyer filed both K-3 and CR/IR on the same day. Then, months later, both petitions were approved on the same day, (he was thinking one might come back before the other). We went I-130, immigrant visa, mostly all of the paperwork is filed before he gets here and the fees are less. Also he will have a green card as soon as he gets here, SSN shortly following.

Not sure about the kids, I think a lot of people petition children at the same time (for CR/IR, K-1, K-3), but of course it will cost that much more. This process is definitely a financial investment, at the beginning, middle and end.

It would help to know where your husband is, how long you have been married, and if the kids have a (living) mother.

Thanks for the reply. Actually the kids who qualify age-wise, at the time of marriage, don't cost anything visa-wise, it's the airfare and I was wondering if they have to be there for a interview. My husband is in Gambia, has ministered there for 20 years. His wife died. While my husband was in Benin, being consecrated a Bishop, his brother-in-law took the 2 young girls and brought them to Nigeria, their homeland, without my husband's consent/knowledge. The plan was for the uncle to bring the eldest son so he could go to medical school. My husband was in shock to see his daughters in Nigeria when he went to visit. We have been married for over a year now.

[LIFE'SJOURNEY 970]

SNAP. mistake

Edited December 30, 2011 by LIFE'SJOURNEY

[pushbrk 13,036]

Thanks for the reply. Actually the kids who qualify age-wise, at the time of marriage, don't cost anything visa-wise, it's the airfare and I was wondering if they have to be there for a interview. My husband is in Gambia, has ministered there for 20 years. His wife died. While my husband was in Benin, being consecrated a Bishop, his brother-in-law took the 2 young girls and brought them to Nigeria, their homeland, without my husband's consent/knowledge. The plan was for the uncle to bring the eldest son so he could go to medical school. My husband was in shock to see his daughters in Nigeria when he went to visit. We have been married for over a year now.

You are laboring under multiple misunderstandings. Only the children who were under 18 at the time you married, will qualify for visas. Those visas, whether K4 was possible or not are NOT FREE.

First, you have to discard everything you have in mind with K3 and K4. It's just not going to happen. Even back when K3 and K4 were viable options, the children paid a visa application fee of $350 each, before the visa interview plus a fee for each medical exam. THEN, after they arrive in the USA, you have to file an I-130 for each of them $420 each, if not already, and pay $1,070 each to adjust their status.

Again, discard the K3/4 idea entirely and restart your plan and thinking based on CR1/IR1 for the spouse and most likely IR2 for the children if they won't come right away.

Not counting travel costs, expect the total direct costs of bringing four immigrants to the USA at about $4,500. If they all arrive after the 2 year anniversary of your marriage, that will be the total in direct costs. If any arrive before that anniversary, add about $600 each that will be paid 21 months after the arrival.

Edited December 30, 2011 by pushbrk

[LIFE'SJOURNEY 970]

The above post by pushbrk is 100% correct, and you should start your re-thinking process base on these facts.

[pushbrk 13,036]

For the record, my wife and step daughter came to the USA on K3 and K4 visas. That was back when both the costs were similar to CR1/CR2 and when the K3/4 process actually saved time. Any time savings of more than a few weeks ended 5 years ago. Since July, 2007, the costs from filing to green card have become quite different in favor of the CR1/IR1. Since February, 2010, the K3/4 visas have been virtually impossible to obtain, due to new policies at NVC.

If K3/4 ever becomes a viable option again, it will still be far more expensive from filing to green card and still not save any time. Anything you read to the contrary (and there's plenty to read) is simply out of date.

[LadyDavid 0]

You are laboring under multiple misunderstandings. Only the children who were under 18 at the time you married, will qualify for visas. Those visas, whether K4 was possible or not are NOT FREE.

First, you have to discard everything you have in mind with K3 and K4. It's just not going to happen. Even back when K3 and K4 were viable options, the children paid a visa application fee of $350 each, before the visa interview plus a fee for each medical exam. THEN, after they arrive in the USA, you have to file an I-130 for each of them $420 each, if not already, and pay $1,070 each to adjust their status.

Again, discard the K3/4 idea entirely and restart your plan and thinking based on CR1/IR1 for the spouse and most likely IR2 for the children if they won't come right away.

Not counting travel costs, expect the total direct costs of bringing four immigrants to the USA at about $4,500. If they all arrive after the 2 year anniversary of your marriage, that will be the total in direct costs. If any arrive before that anniversary, add about $600 each that will be paid 21 months after the arrival.

I wasn't referencing the K3 visa when I stated that I was told that the application for the kids visas would be free, it was the I-130, which I stated above was the original plan. Homeland Security, where you have to go here in Seattle told me that and gave me forms for all of it. I just haven't been able to find out which way would be easiest or most logical (?), but have decided to stay with my original plan of the I-130. If that isn't true then they need to get their act together as this is one of the most confusing things I have ever encountered! Geez! Thanks!

[pushbrk 13,036]

I wasn't referencing the K3 visa when I stated that I was told that the application for the kids visas would be free, it was the I-130, which I stated above was the original plan. Homeland Security, where you have to go here in Seattle told me that and gave me forms for all of it. I just haven't been able to find out which way would be easiest or most logical (?), but have decided to stay with my original plan of the I-130. If that isn't true then they need to get their act together as this is one of the most confusing things I have ever encountered! Geez! Thanks!

USCIS doesn't issue visas and local offices don't accept I-130 filings. Each I-130 filing fee is $420. Visa application fees are $404 but if all filed together, only one $88 filing affidavit of support filing fee. You won't be filing all together but if you file the kids together you'll save some $88 fees.

[Darnell 8,479]

DHS was wrong, sorry.

Filing an I-130 for a child is never free.

Did you get a name and badge #? This is just some outright idiocy.