I-130 & K-3 VIsa

[ZandraO 0]

First off I love this site. Just joined but I have read so much on the forums for the past 9 months and now I need some REAL knowledge rather than what I get from the government website.

My husband and I were married Nov. 16, 2012 here in Ohio where I live. The end of the month (his planned trip) he went back to England.

We have complied all our STUFF for our I-130 and are mailing it to Chicago this weekend. The idea that (from what we have read) 6-12 months to get all the way through the process is sickening. We hate it but when you are in love you do what you have to do. While on the gov site today double checking everything I read this...

"Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” page.

If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the “V Nonimmigrant Visas” page.

For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the corresponding link to the right."

So my question is would this be a good option to attempt to get my husband here sooner? Between me and my 4 children (who he thinks of as his own) we are heartbroken to go back to Skype convos but are trying to do everything we can to respect the process and do this all by the book. However from the above is sounds like the K-3 would allow him to work here and BE HERE while we wait on the I-130 (and all that come after). Has anyone else done this? I would love to know success or failure stories to try and choose that if once we get confirmation of receipt of the I-130 to file the K-3 or to just suffer through and wait it out apart.

Thanks in advance for any tips or advice!

[Roosha 51]

Nope, K3 isn't processed anymore. It was used years ago when CR1/IR1 visas were taking years to adjudicate, but now that it's taking 8-10 months usually the K3 is bundled with the CR1 and both are sent to NVC, at which point NVC closes the K3 and proceeds with the CR1.

If you want to you could try to file it, but it won't save you much time and the time you saved you'll pay for when he gets to the states and you've got to file for adjustment of status as well as a EAD so that he can work.

If he's from the UK he can still come to visit you on the VWP, he just has to make sure that he brings enough evidence that he plans on returning so that he's not refused entry on arrival. So you don't have to be apart for the whole process.

[rade2rising 205]

so you met here in USA and got married? If thats the case why you not adjust status??? why let him go back to England?

[canadian_wife 1,829]

Sorry, you are reading outdated information. Since 2010 NVC will close the I129F and it will not result in a visa

You want to pursue the I130 and the Cr-1 visa path. Begin by clicking on the 'guides' tab at the top and beging reading

good luck

[ZandraO 0]

We had asked a lawyer and he said that people who file the adjustment take a 50/50 shot of being kicked out of the country and since we only asked for the advice and can't really afford a lawyer we are having to go by what we read. What I read on the site was dated June 8th of this year so I thought it would have been pretty current but glad I asked before I went to the trouble of it.

Since he can come back on the VWP could we then file the adjustment of status form once the I-130 is already sent in and pending?

[N-o-l-a 7,168]

Since he can come back on the VWP could we then file the adjustment of status form once the I-130 is already sent in and pending?

Absolutely not as that would be immigration fraud. You can not enter the US on a VWP for the purpose of immigrating.

You have to just wait out the I-130 and CR1 and have visits back and forth in between.

Edited December 10, 2012 by Nola123

[canadian_wife 1,829]

No, file the I130 and wait. He may VISIT, but he cannot enter on the VWP with intentions of immigrating, that is immigration fraud.

good luck

[ZandraO 0]

AWESOME thanks for all the info!!! At least now I know we were working on the right plan of action!