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Karabas

Border agent pushed for K-3, worth it?

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Filed: Country: Canada
Timeline

Hey all,

So I filed the I-130 for my spouse at the beginning of the month, we had our reception a few days later and after sticking around in Canada for a bit made our way across the border. We had a pretty shaky case for crossing the border: my spouse previously lived with her parents, so has no ties to Canada, and on top of that she brought a lot of luggage to store in the US until her papers come through. The agent at the border obviously gave us a lot of trouble for it, but ended up relenting and letting us through because we filed for her immigration. However, he was adamant that we should file for the K-3 to avoid further problems in having her come down here.

My spouse will be returning back to Canada at the end of August for a short visit, but we were hoping that she'd come down to the US again for a longer stay (several months). Either way we'd obviously like to be able to spend as much time as possible while the immigration process is going on. From what I've read on the forums, K-3 visas just cause a lag in the process and don't do anything useful. The guy at the border stressed that we get it. I tried reading stuff on this website, but it didn't clear it up. Can the K-3 be useful in our situation?

Thanks for any advice guys :)

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Border agents have literally no clue about visa processing. I have heard so many people wind up in the craziest and most unfortunate situations because they took a border agent's advice. Those guys really enjoy the power they exercise and they don't hesitate to offer unsolicited and very uninformed immigration advice. Border agents don't adjudicate paperwork and they don't know the process, they simply check visa validity and that's it. You keep doing what you've researched to be best. At this point in the process, it's incredibly unlikely that a K-3 will be useful, if you've already filed I-130. I-129f is not going to be adjudicated that much faster and then you'll just have wasted your time filing another packet that will get closed the moment the I-130 is approved.

Having your wife visit again may not be guaranteed, and I'm sure you're prepared for that, but as long as you do your reading and get all the documents prepared far ahead of time for each stage, it shouldn't be much longer until she gets to enter as an immigrant!

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

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You can find me at

Immigrate2us.net as Los G :)

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Filed: Citizen (apr) Country: Canada
Timeline

Border agents don't process visas. The K3 is obsolete and has little to no advantages

If asked again, simply say that the I130 has been submitted and you are on the Cr-1 path

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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