K-3 Visa ... Does it really do what it says it does?! (or too good to be true?)

[Harpa Timsah 13,258]

Ohhhh really? Well that is even more frustrating! Can't they just communicate with each other? It's easy. All they have to is pick up a phone. I mean, is that proper protocol? To just cancel out the I-129 without even looking into it further? Or do they do that now because as other commenters said, the K-3 is just no more (nonexistent)?

Reread what I wrote the first time. They do talk to eachother and the NVC closes the i-129F on purpose. The K-3 saves no time anyway, and is more expensive.

[Karee 4,190]

Reread what I wrote the first time. They do talk to eachother and the NVC closes the i-129F on purpose. The K-3 saves no time anyway, and is more expensive.

If they are talking, why is USCIS sending I-129F petitions to NVC with the I-130?

[NYCGirl18 1]

Maybe the message isn't getting through, but even when this was an option, it took the same amount of time that a CR-1 does now. The beneficiary couldn't immediately move and wait, they still had to wait 6-10 months or whatever for the K-3 visa. The CR-1 is a far superior visa anyway, so you should be happy The time apart is the same.

Great, thanks for this information! Much appreciated!

[NYCGirl18 1]

If they are talking, why is USCIS sending I-129F petitions to NVC with the I-130?

Exactly!

[Ryan H 3,812]

Ohhhh really? Well that is even more frustrating! Can't they just communicate with each other? It's easy. All they have to is pick up a phone. I mean, is that proper protocol? To just cancel out the I-129 without even looking into it further? Or do they do that now because as other commenters said, the K-3 is just no more (nonexistent)?

If they are talking, why is USCIS sending I-129F petitions to NVC with the I-130?

USCIS is under the US Department of Homeland Security while the NVC is under the US State Department. Two entirely different agencies with two entirely different policies and procedures. Whether or not USCIS is aware of current State Department policy is moot, current law dictates the K3 is on the books (the provision in the LIFE act that created the K3 has not been repealed, even through procedural changes by USCIS and the State Department between the time it was created and now make it an obsolete visa type) which means if USCIS receives an I-129F to start the K3 process, it's matched with the I-130 (per current USCIS policy), placed back into the queue, adjudicated, and forwarded as required by law.

Edited June 26, 2012 by Ryan H

[Brandi n Michael 8]

As one of the last people on here to come on a K3 visa, I found it beneficial. My CR1 case was taking way too long, the K3 was approved in 5 1/2 months we didn't even get notified that the CR1 nvc stuff until 4 months after I had my K3 visa and was already living here, we did not bother following through with it. All the K3 allowed me to do was move here, I couldn't work and I still had to do AoS. My K3 was valid for 2 years but if I wanted to work I needed to get an EAD which as you can see I did (it took forever though). I didn't need to work (still don't) but I wanted to be able to see what it was like. The process was more expensive but like I said it did get me here faster and that was all that mattered.

All of this is irrelevant though because it is no longer an option and USCIS never updates there website lol

Brandi

[NYCGirl18 1]

As one of the last people on here to come on a K3 visa, I found it beneficial. My CR1 case was taking way too long, the K3 was approved in 5 1/2 months we didn't even get notified that the CR1 nvc stuff until 4 months after I had my K3 visa and was already living here, we did not bother following through with it. All the K3 allowed me to do was move here, I couldn't work and I still had to do AoS. My K3 was valid for 2 years but if I wanted to work I needed to get an EAD which as you can see I did (it took forever though). I didn't need to work (still don't) but I wanted to be able to see what it was like. The process was more expensive but like I said it did get me here faster and that was all that mattered.

All of this is irrelevant though because it is no longer an option and USCIS never updates there website lol

Brandi

Wow, sounds like your experience worked out well for you though. It's a shame it's no longer an option, but it sounds like now the CR-1 takes about the same amount of time. Also: As a side note, I kind of wish there was a way to call up USCIC and be like, "So ya know, your website is a little outdated. Please update it so that more people do not get their hopes up and shell out money for a visa that isn't even an option. Thank you!"

[Adriene H 89]

@NYCGirl18

Just to give you an idea of the time frame ... my husband is British and our

I-130 was approved at 9 months. But not everyone has to wait as long, we just

have a slightly complicated case

[NYCGirl18 1]

@NYCGirl18

Just to give you an idea of the time frame ... my husband is British and our

I-130 was approved at 9 months. But not everyone has to wait as long, we just

have a slightly complicated case

Hi Adriene - thanks so much for responding! From what I'm understanding, anywhere from 6 - 9 months is the average wait time (right?). At least with a CR-1 visa, the non USC can begin working as soon as they get here, which is pretty important to my boyfriend and me! ... If you don't mind me asking, what about your case made it take so long for you and your husband to get approved? (just curious to hear other people's stories since I'm still a "newbie!")

[memlaura 60]

Hi Adriene - thanks so much for responding! From what I'm understanding, anywhere from 6 - 9 months is the average wait time (right?). At least with a CR-1 visa, the non USC can begin working as soon as they get here, which is pretty important to my boyfriend and me! ... If you don't mind me asking, what about your case made it take so long for you and your husband to get approved? (just curious to hear other people's stories since I'm still a "newbie!")

If he is still your "boyfriend" then the CR-1 or K-3 wouldnt work anyway those are for spouse. You would have to do the I129F unless you are planning on getting married and then filing. But if he is refered to as boyfriend then that is not engaged either although your embassy might not be as picky as mine is on wording of things but just an FYI how you refer to you SO could cause issues... and I have learned that from reading alot on this wonderful web page.... It is a very good resource...

[NYCGirl18 1]

If he is still your "boyfriend" then the CR-1 or K-3 wouldnt work anyway those are for spouse. You would have to do the I129F unless you are planning on getting married and then filing. But if he is refered to as boyfriend then that is not engaged either although your embassy might not be as picky as mine is on wording of things but just an FYI how you refer to you SO could cause issues... and I have learned that from reading alot on this wonderful web page.... It is a very good resource...

Hi there - thanks for your response. Yes, he is still my boyfriend. We are not engaged or married yet. He is actually in the process of applying for an E-2 investor visa but is worried it might get denied for not having "enough" funds in his account. (Long story there) Anyway ... if he does get approved, that will give him a two year visa and give us more time to actually be together nonstop and date for longer (currently we've almost been together for 8 months). If he gets denied however, it would appear to be easier and cheaper (instead of him going and trying to find more investors in his company) if we just got married now (instead of waiting) and then I brought him over on the CR-1 so he could begin working or start his own company (that is allowed on the CR-1 right?). I understand that unfortunately there is no boyfriend/girlfriend visa (lol) ... I guess I've just been browsing around this site quite a bit trying to see what all our options are and fully understand them the best I can. You all have been such a big help.

Also - I've been trying to figure out how to edit my "signature" (if that's what it is called) in the bottom of my responses so I can put Liam's and my story/process there...but I don't know how! Can anyone tell me? Thanks.

Edited June 26, 2012 by NYCGirl18

[Brandi n Michael 8]

Click on settings under your name at the top right for login - then click on profile (on the tabs) then you will get an option on the right to do your signature.

I think that is right lol

Edit: spelling mistakes

Edited June 26, 2012 by Brandi n Michael

[NYCGirl18 1]

Click on settings under your name at the top right for login - then click on profile (on the tabs) then you will get an option on the right to do your signature.

I think that is right lol

Edit: spelling mistakes

Ahh - thank you! I will try that now!

[Darnell 8,478]

Gah! Why does the website say that then?! They really should stop misleading people and getting people's hopes up! I don't understand how they are getting away with listing false information?!

Since the Life Act is still on the books, USCIS can post in a website about this Visa Type all day long.

Or

They've no budget for the proper edits

OR

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/