Should I file for K-3?

[JLJ 0]

Hi everybody

I'm an American citizen who just got married in Korea last year

However, because my wife doesn't have a visa right now, I'm in America and my wife is in Korea

I filed for the I-130 Nov. last year, but it is taking forever

We thought the process would be over quick and we already bought tickets for my wife to come to the US

She will be here this March, and the only thing I received is an I-797C

Fortunately, she can stay in America for 3 months as a tourist

So I thought about filing for the K-3 visa until the I-130 is over

However, is this a good idea?

Some of the other posts say that K-3 will take as long as the I-130 and it might actually slow down the I-130

What would be the best course of action?

Thank you in advance for your replies

[Darnell 8,478]

A K-3 visa still requires an interview at the IV Unit in Seoul.

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/

IMO (and others with direct experience) - you'll lose time filing the I-129F, as

the I-130 is yanked out of it's place in queue, and stuck at the end of the queue with the I-129F

and then come time for actual adjudication - the I-129F and I-130 are adjudicated together, same day, same adjudicator .

Now, with both an approved I-130 and I-129F coming out of USCIS - they travel together into NVC.

Once at NVC, NVC staff see the approved I-130, and administratively close the I-129F,

as

the basis for moving the I-129F through NVC to the IV Unit, an unapproved I-130, doesn't exist anymore

But you could certainly try for it. I don't recommend it.

Edited January 12, 2013 by Darnell

[JLJ 0]

Wow thanks Darnell for that kind reply

I might have to think this through

Arggh.. So complicated

I just want to be with my wife..

By the way,

I filed the petition stating that my wife is in a foreign country (Korea)

However, after my wife gets approved for further processing, can she do the interviews and examinations in the United States?

Like I said, she is going to come to the states in a couple of months and it would be wasteful for her to just fly out to do the interviews in Korea

[Darnell 8,478]

Sure, it's possible.

You'll have to get the I-130 redirected, though.

It's a two step process (albeit in one big honking package) .

first, take the paper NOA-2 notice (copy, rather), include that with the I-824 and it's fee,

add in the I-485 (with medical exam stuff) and it's fee

and send it all in to the address in the instructions for the I-485.

Do note, though, that you're shifting from a VISA to an adjustment of status..

There's some ancillary forms with the I-485, as well.

I dunno, I don't think it's the best path, really, as she can't work or get a SSN whilst she's here, until the green card or EAD is issued.

Edited January 12, 2013 by Darnell

[JLJ 0]

Wow you're a real master at this aren't you!

Really glad that you're helping me out

So would you recommend that she just goes through all the interview/etc in Korea as originally scheduled?

[Darnell 8,478]

ya, I recommend that - as it really is less money (well, there's some airfare on her, aye?)

but if you notice, YOU control the speed at NVC - so it's quite possible to delay a bit, though I suggest no more than 6 weeks at NVC for a delay,

and she could cross back into Korea with enough time to schedule the medical exam then get to the interview at the IV unit in Seoul.

[JLJ 0]

Thanks a lot

I really appreciate your help!