There must be a catch...

[mrsbourffada 3]

Okay, so there must be a catch to this whole obtaining a K3 visa while you wait for your I-130 approval, or I think I'd see more people doing it. From what I read on the USCIS website, you can obtain a K3 visa, so your spouse can come wait for the approval of your I-130 with you. I am married and we have filed our I-130, and I would LOVE if he could come wait in the US with me.. but... what's the catch? Can anyone enlighten me?

[peter.chou 3]

Okay, so there must be a catch to this whole obtaining a K3 visa while you wait for your I-130 approval, or I think I'd see more people doing it. From what I read on the USCIS website, you can obtain a K3 visa, so your spouse can come wait for the approval of your I-130 with you. I am married and we have filed our I-130, and I would LOVE if he could come wait in the US with me.. but... what's the catch? Can anyone enlighten me?

My K3 was approved after CR1. So seems no need to do K3 (K3 administratively closed. it's still there cuz law requires so ?).

Edited April 26, 2012 by peter.chou

[B & G 200]

From what I have heard from other members more experienced than me, the K3 visa is now obsolete. It was created when a CR1/IR1 visa used to take well over a year to be issued. It would have gotten your husband to you in about 8 months. Ever since the changes made the CR1/IR1 now takes 9-10 months to be issued, K3 is no longer worth it.

[Inky 1,110]

Applying for a K-3 does not allow you to wait in the USA for approval of an I-130. You still have to wait like everyone else to get the visa before moving / going to the USA. Unless you already have a tourist visa or are able to use VWP to travel to the USA and visit during the process.

K-3 does not get you a green card on entry. You have to wait and apply for it after entry to the USA. More money and more waiting.

CR-1 does get you a green card on entry to the USA no more waiting no more money finished.

[mrsbourffada 3]

Got It. Thanks for the information. I thought it sounded a little too good to be true It makes sense that they would create something like that when the process used to take such a long time. They should probably just remove it from their site.

[Darnell 8,478]

Okay, so there must be a catch to this whole obtaining a K3 visa while you wait for your I-130 approval, or I think I'd see more people doing it. From what I read on the USCIS website, you can obtain a K3 visa, so your spouse can come wait for the approval of your I-130 with you. I am married and we have filed our I-130, and I would LOVE if he could come wait in the US with me.. but... what's the catch? Can anyone enlighten me?

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/

[mrsbourffada 3]

I guess my next question would be, is it possible for him to come on a visitor visa for a while? It's not really possible for me to take time off from work to go visit him, but it's possible for him to visit me? is it even likely that he will get approved?

[tany1157 161]

I guess my next question would be, is it possible for him to come on a visitor visa for a while? It's not really possible for me to take time off from work to go visit him, but it's possible for him to visit me? is it even likely that he will get approved?

Visitor's visa from Morocco is very difficult to get. With an American wife...impossible.

[Shoot Em Straight 385]

I guess my next question would be, is it possible for him to come on a visitor visa for a while? It's not really possible for me to take time off from work to go visit him, but it's possible for him to visit me? is it even likely that he will get approved?

I commend your positive outlook!!! Let us all know if you get it

[tany1157 161]

A positive outlook is great, as you need one to get through immigration. Being realistic is another thing. Getting a visitor's visa for a young Moroccan man with an American wife is impossible. It's a fact, not an opinion. You could still try, but you will just lose your monies

[mrsbourffada 3]

A positive outlook is great, as you need one to get through immigration. Being realistic is another thing. Getting a visitor's visa for a young Moroccan man with an American wife is impossible. It's a fact, not an opinion. You could still try, but you will just lose your monies

Have you tried to get one? did it not work?

[aaron2020 11,651]

Wayne Gretzky said that "You miss 100% of the shots you never take."

Chances that he will get a visitor visa if he does not apply = zero.

Changes that he will get a visitor visa if he apply = better than zero.

Facts:

Muslim men and young men from Muslim countries have a very hard time getting visas to the US.

A US wife makes it even harder for a man to get a visitor visa.

Hard does not equal impossible. If it was impossible then no one would ever get a visitor visa to visit the US with a pending immigration petition. We know this is not true because so many have successfully obtained and used visitor visas. However, their situations may be vastly different from the OP because he may be Muslim and comes from a country with possible ties to terrorists.

What's the best and worst that can happen if he apply for a tourist visa?

Pro: He has a possibility of getting a visitor visa (no matter how low his chances are - there is a possibility; see Jim Carrey in Dumb and Dumber - a one in a billion chance is still a chance).

Con: He could be refused the visitor visa. He would lose the money and time in trying to obtain the visa.

Does it make sense to spend the time and money on the visitor visa in light of the small chances while you are dealing with a pending immigration visa? Is it worth the investment given the risk of a denial? Only you can make the final decision.

Edited April 26, 2012 by aaron2020

[tany1157 161]

Have you tried to get one? did it not work?

I personally have not tried, but have found out over the years, that a visitor visa from a MENA country is very, very hard to get. There must be super strong ties to the home country, (job, property, lots of money etc) so that the consulate is certain the one looking for a tourist visa will return to their country. Morocco is a high fraud country. A man looking for a tourist visa when he is married to an American shows the consulate that they have more reason to stay in the US, than to return back to their home country. This is why it is practically impossible for someone with an American spouse to get a visitor visa to America. Here are some other links to your question, and that I am not just trying to burst your bubble.

http://www.visajourney.com/forums/topic/344514-tourist-visa-for-morocco/

http://www.visajourney.com/forums/topic/279243-send-an-invitation-to-my-husband/

Also, if you ask this in the MENA forum, you will get realistic answers from others with experience in MENA

Edited April 26, 2012 by tany1157

[Shoot Em Straight 385]

A positive outlook is great, as you need one to get through immigration. Being realistic is another thing. Getting a visitor's visa for a young Moroccan man with an American wife is impossible. It's a fact, not an opinion. You could still try, but you will just lose your monies

How about a little humorous sarcasm? I was completely kidding Tany. Bu if OP finds a legal way I'm in.

[Shoot Em Straight 385]

Wayne Gretzky said that "You miss 100% of the shots you never take."

Chances that he will get a visitor visa if he does not apply = zero.

Changes that he will get a visitor visa if he apply = better than zero.

Facts:

Muslim men and young men from Muslim countries have a very hard time getting visas to the US.

A US wife makes it even harder for a man to get a visitor visa.

Hard does not equal impossible. If it was impossible then no one would ever get a visitor visa to visit the US with a pending immigration petition. We know this is not true because so many have successfully obtained and used visitor visas. However, their situations may be vastly different from the OP because he may be Muslim and comes from a country with possible ties to terrorists.

What's the best and worst that can happen if he apply for a tourist visa?

Pro: He has a possibility of getting a visitor visa (no matter how low his chances are - there is a possibility; see Jim Carrey in Dumb and Dumber - a one in a billion chance is still a chance).

Con: He could be refused the visitor visa. He would lose the money and time in trying to obtain the visa.

Does it make sense to spend the time and money on the visitor visa in light of the small chances while you are dealing with a pending immigration visa? Is it worth the investment given the risk of a denial? Only you can make the final decision.

Even if one applies for a visitor visa...Isnt there somewhere on the visitor visa where you have to check your intentions and it would EITHER be visiting for pleasure or immigration then there is conflict?