What should I do?!

[eav123 0]

Please advise~! I'm very new to this process, and my mind is spinning with all the information...and the oftentimes ambiguity of all the information out there. So here's the scoop.

My boyfriend (soon to be husband possiblyl) and I want to be together soon after the holidays. He will be returning to Portugal on Dec. 14. The Fiance Visa could take up to 8 months to process which is UNACCEPTABLE to us to be apart that long.

What we want to do is marry before he leaves in December which is SCENARIO ONE. As my HUSBAND, I'll have to file for the I-130 Petition for Alien Relative form along with the I-485 Application to register Permanent residence...I already know what forms I need (at least I think I do)...but am gray on a couple of things, and here are my list of questions based on this "grayness":

If he's already my husband, do I still need the Fiance visa?

If he's already my husband, and wishes to come back to be with this WIFE, will he be denied at the gate?

If I've filed for the I-130 petition form, when will he be able to come back--can it be soon? Do we have to wait a long time? If so, that's simply unacceptable as he will be my husband. Or, can he buy his ticket, and at the gate, state that he is visiting his wife and that the forms have been filled out.

What are my rights as a citizen, to be with my husband? I hate this. I don't see why as my husband, he wouldn't be able to pass through customs and state that he is visiting his wife. What is the quickest way to get him back here!!?

SCENARIO TWO:

He leaves in December, and I fill out the Fiance Visa, which means he and I are now at the mercy of the gov and them taking anywhere from 3-8 + months to say "YES, he may come back to the USA as of X date, you will have 90 days to marry." This scenario is scary because we don't know if we'll see each other again for potentially many MONTHS which, again, is unaceptable.

Which visa route would be quickest and most cost effective. All the things I've read are that inevitably we're at the mercy of the system and that could take sooooooooooooo long. My heart breaks thinking of being apart that long. Please help me get the most effective route started! He's still here, visiting me on a tourist visa.

Should we A. Wait for the Fiance visa (I will fill it out and send it in asap --but can I do that before he leaves?)

or should we B. tie the knot because we're planning on doing it anyway at a Justice of the Peace, and proceed with the forms once he returns to Portugal? He wants to come back to be with me permanently after Christmas 2012. Anyone?? Help! So many choices, options, forms, roads to go down, and I'm currently lost and going in circles. I need advice. Thank you!

[pushbrk 12,910]

Start by clicking on the word "Guides" at the top of any page here. We'll be here for remaining questions after your study.

[eav123 0]

Start by clicking on the word "Guides" at the top of any page here. We'll be here for remaining questions after your study.

I dont' understand IR-1 / CR-1 Visa over the K-3 Visa Option. I just don't get the difference. I'm at shut-down mode. I've read everything so many times.

[eav123 0]

the main difference I"m understanding is that the K3 visa is quicker, but requires more forms (adjustment of residence, work permission, yadda yadda), while the Ir1/Cr1 whatever visa is more streamlined with less forms but takes longer...and gives the immigrant immediate legal residency upon arrival with permission to begin work w/o having to wait? Then the Fiance Visa route is just another road to take requiring potentially months of waiting as well?

I just want to be with him. Why is it so difficult.

[pushbrk 12,910]

I dont' understand IR-1 / CR-1 Visa over the K-3 Visa Option. I just don't get the difference. I'm at shut-down mode. I've read everything so many times.

Just consider the K3 obsolete. It will be CR1 for you.

[Moomin 292]

you can still visit each other with a pending petition. For some foreign fiance(e) viiting the US, they might have dificulties showing strong ties to home country because there's a petition for them ti immigrate eventually. But it's still worth a shot IMO.

You have a few options. If your boyfriend HAS to return to home country in December, then you're down to either fiance(e) or spouse petitioning.

If you're not ready to get married, I'd advise you to submit the fiance(e) petition right now because he won't be leaving until December - in which case, you'll spend the first month of waiting together and the fee smaller however it's the most expensive way in the long run.

The other option is getting married now and submit the petition for a spouse, have your hubby go back to home country and finish the process from there.

If you are ready to get married, you can marry now and send off all paperwork to USCIS. However, he will have to stay in the US until he has either Advanced Parole or greencard. It takes months, he'll have to get medical done and have his personal papers, you'll need to have a sufficient income in order to be his sponsor at the time of submitting the initial filing. This is only if he entered the US without the intent to immigrate. This is the most cost-effective way however all the fees are paid rightaway which is around 1500 dollars(plus medical).

The K3 isn't and option any longer. The spouse and fiance(e) route take about the same time currently.

Look at this to compare the cost; http://www.visajourney.com/content/compare

[eav123 0]

Just consider the K3 obsolete. It will be CR1 for you.

I, the American, am petitioning on behalf of my soon to be spouse, correct? I'm the one filling out most of the forms, correct? I've read the step-by-step process for the CR1 form and it says "the foreign spouse will complete the visa process completely outside the US" which confuses me. Do I fill it out, or will he, from Portugal??? BLAHRRRRGHHH! And just a quick question: Why is the K3 obselete? none of the websites on the USCIS website say that it is obselete...So again, I'm confused. What is the point for the K3 visa then?

Once we're married, the K3 visa route seemed to suggest a quicker reuniting time vs. the CR1 route. I appreciate the quick responses. I really am grateful!

Thanks!

[N-o-l-a 7,167]

I, the American, am petitioning on behalf of my soon to be spouse, correct? I'm the one filling out most of the forms, correct? I've read the step-by-step process for the CR1 form and it says "the foreign spouse will complete the visa process completely outside the US" which confuses me. Do I fill it out, or will he, from Portugal??? BLAHRRRRGHHH! And just a quick question: Why is the K3 obselete? none of the websites on the USCIS website say that it is obselete...So again, I'm confused. What is the point for the K3 visa then?

Once we're married, the K3 visa route seemed to suggest a quicker reuniting time vs. the CR1 route. I appreciate the quick responses. I really am grateful!

Thanks!

K3 takes about the same time if not longer than a CR1 at this particular juncture. As soon as your I-130 is approved, they will no longer process the K3. The I-130s that have been sent recently seem to be getting approved in the 3 month range, versus the about 6 months my I-129F took.

You will fill out the application with his help (you'll need his info and copies of boarding passes, etc.). You are the petitioner.

If it were me I'd go the CR1 route, because it seems to be taking not a long time lately and the foreign spouse can start working a lot sooner and have permission to travel back home. For us, that was the one good side of filling again - my husband was very wary of sitting around the house waiting for permission to work.

You can visit back and forth during the process.

Edited November 19, 2012 by Nola123

[pushbrk 12,910]

K3 takes about the same time if not longer than a CR1 at this particular juncture. As soon as your I-130 is approved, they will no longer process the K3. The I-130s that have been sent recently seem to be getting approved in the 3 month range, versus the about 6 months my I-129F took.

You will fill out the application with his help (you'll need his info and copies of boarding passes, etc.). You are the petitioner.

If it were me I'd go the CR1 route, because it seems to be taking not a long time lately and the foreign spouse can start working a lot sooner and have permission to travel back home. For us, that was the one good side of filling again - my husband was very wary of sitting around the house waiting for permission to work.

You can visit back and forth during the process.

Technically, K3 takes forever. That's because it isn't available at all. No, the US Citizen will not fill out any applications for anything. Actually, who fills out the papers is not the issue. It's who signs them. The US Citizen files a petition. When the petition is approved, the foreigner applies for a visa. Who fill out the foreigner's visa application is irrelevant.

The K3 visa is technically on the books because the law that created it still exists. It's just that the combined policies of USCIS (does not issue visas) and Dept. of State (actually does issue visas) have rendered them virtually unobtainable. Anything you read to the contrary is either incomplete, out of date or both.

[N-o-l-a 7,167]

Technically, K3 takes forever. That's because it isn't available at all. No, the US Citizen will not fill out any applications for anything. Actually, who fills out the papers is not the issue. It's who signs them. The US Citizen files a petition. When the petition is approved, the foreigner applies for a visa. Who fill out the foreigner's visa application is irrelevant.

The K3 visa is technically on the books because the law that created it still exists. It's just that the combined policies of USCIS (does not issue visas) and Dept. of State (actually does issue visas) have rendered them virtually unobtainable. Anything you read to the contrary is either incomplete, out of date or both.

There was someone on a thread on here last week that seemed to be having difficulties getting the I-130 approved in a timely manner, so they were actually approved for the I-129F before the I-130 and it was sent to NVC. http://www.visajourney.com/forums/topic/399086-confused/ I think that might be a rare case. Why would they send it on to the embassy if the K3 no longer existed?

Sorry to ask, but I am a little confused...

Edited November 19, 2012 by Nola123

[jaycali 415]

There was someone on a thread on here last week that seemed to be having difficulties getting the I-130 approved in a timely manner, so they were actually approved for the I-129F before the I-130 and it was sent to NVC. http://www.visajourney.com/forums/topic/399086-confused/ I think that might be a rare case. Why would they send it on to the embassy if the K3 no longer existed?Sorry to ask, but I am a little confused...

If this member actually ended up getting a K-3, it's a one in a million. The K-3 is still available on paper.

It was meant for a time when the I-130 could take years. More recent processing times for the I-130 however are equal to those of the I-129f, rendering the K-3 dead on arrival.

To the OP: When the I-130 and I-129f are approved by the USCIS at the same tine and sent to the NVC together, you basically have two separate paths "open" at the NVC stage. Since the CR-1/IR-1 is a superior visa, the K-3 path is administratively closed. DOD.

Edited November 19, 2012 by Jay Jay

[jaycali 415]

OP:

If you don't get married before he leaves, you'll be filing the I-129f petition for a K-1 fiance visa. Expect 5 - 9 months. You need to get married within 90 days of his arrival. He'll need to adjust status after you're married. Costs roughly $1500 plus lost income while adjusting status.

If you do get married before his departure you have two options:

1. As long as he entered the US legally he can stay and you file an adjustment of status package (I-130 and I-485 concurrently). This is filed after you're married. You may also file an I-765 and I-131 with this package, those are for employment authorization (prior to AOS approval) and advance parole (allows him to travel before AOS approval). This will be the least cost effective (he can't work for about 90 days), and will cost about $1500 plus lost income from him not working.

Or,

2. He leaves, and you file an I-130 petition for a CR-1 spousal visa. Expect 6 - 10 months. Costs about $1000 and he'll be legal to work and travel the day he enters the US.

Since Portugal is a visa waiver program country, he likely won't have too many difficulties entering as a tourist while the I-129f/K-1 or I-130/CR-1 process is ongoing (I did four times problem free). But throw the price of air fares and separation into the equation and your best bet is to get married before he leaves and file for adjustment of status. My 2 cents.

As far as your right to be with your husband, you have the right as a US citizen to petition for him to come live in the US with you. If the USCIS or Dept. of State determines that he is somehow ineligible to come to the US, they have the right to deny it. They cannot tell you that you can't be married to him, but they can tell you "if you want to be with him, go to Portugal." - This is purely hypothetical.

Edited November 20, 2012 by Jay Jay

[pushbrk 12,910]

There was someone on a thread on here last week that seemed to be having difficulties getting the I-130 approved in a timely manner, so they were actually approved for the I-129F before the I-130 and it was sent to NVC. http://www.visajourn...99086-confused/ I think that might be a rare case. Why would they send it on to the embassy if the K3 no longer existed?

Sorry to ask, but I am a little confused...

There are some extremely rare exceptions, when the I-129F and I-130 are not approved and forwarded the same day. There's a sub-forum for K3. Read to your hearts content. 90% + of the discussion there the past few years has been explanations of why the K3 is obsolete. (as a practical matter, not a technical matter)

[pushbrk 12,910]

If this member actually ended up getting a K-3, it's a one in a million. The K-3 is still available on paper.

To the OP: When the I-130 and I-129f are approved by the USCIS at the same tine and sent to the NVC together, you basically have two separate paths "open" at the NVC stage. Since the CR-1/IR-1 is a superior visa, the K-3 path is administratively closed. DOD.

That is actually NOT the reason the K3 path gets closed, but it doesn't matter. It gets closed. The reason is the Life Act says the K3 cannot be granted when the immigrant visa is "immediately available" but the law does not define "immediately available". From 2001 to 2/1/2010, the Dept. of State considered the immigrant visa to be immediately available only when the I-130 arrived on station at a Consular Immigrant Visa Unit abroad. On 2/1/2010, DOS changed their policy effectively considering the IV immediately available when the I-130 arrived at the National Visa Center. Since the vast majority of "K3 cases" (I-130 and I-129f both filed for spouse) had been being processed and forwarded to NVC together since November, 2006, this combination of USCIS and DOS policy changes rendered the K3 visa obsolete, for all practical purposes.

We've been explaining these details several times a week for nearly three years, so please forgive those of us who now tend to just abbreviate our explanation to "K3 is dead".

Here's another explanation from a website I find reliable.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS ( then the "INS") and the State Department.

Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K3 and K4 processes. It is because of both the significant additional fees for the K3 and K4 visas from petition to green card and the negligible time savings, that we have seldom recommended this path to our clients in the past two years.

* Note: Effective February 1, 2010, new procedures adopted by the National Visa Center have effectively rendered the K3 and K4 visas no longer available.

Edited November 20, 2012 by pushbrk