Questions regarding K-3 visa

[jworld34 0]

Hi all,

I know some may direct me back to the general pages about the K-3 however I am looking to clear up some more questions than are answered with the general overview of the K-3. Here's the basic info on my situation though:

-Married and living in Brazil

-Wife is Brazilian, I am a US citizen

-Looking to get back to the US as soon as possible so I can finish my college education

-Me and my wife both want her to have permanent residency and/or green card/citizenship in the US. (Don't worry, I know citizenship takes quite a while. Just need her to be legal to enter in and out of the country as if a citizen.)

I am planning on obtaining permanent residency here in Brazil sooner or later, and my wife would like to have the same status in the US. We don't know where we will eventually settle, hence the comfort in having residency in both US and Brazil. Where we will live permanently will be decided in the next couple of years.

I was planning on apply for permanent residency here in Brazil and waiting out my wife's IR-1/CR-1 visa. However, she did some better research than me, and found the K-3 may fit us better. We're looking to move back to the US as soon as we can so we can get on our feet and I can finish college. Anyone who knows big cities in Brazil and big cities in the US knows the culture and way of life is very different. Very hard for us to find an apartment here let alone a job, and the fact I'm from the South Side of Chicago (a few hours South, that is) provides some relief regarding housing, jobs, etc.

So, to my point. If me and my wife are living in Brazil right now, how do we go about the K-3? Do we apply for her K-3 and go through the K-3 process as shown on the site, and once approved, we can both move back to the US? The reason I ask is the risks with the tourist visa. I know it's illegal to get married on tourist visa, but just wondering if we apply and obtain her K-3 visa while in Brazil, does that mean she can enter the US on that visa in place of her tourist visa?

And the most important one of all: Does the K-3 and CR-1 have many differences regarding our situation? Can we move back to the US any faster on the K-3 than the CR-1? And if so, by how much? Is it worth the hassle of the K-3?

I've heard also that she can apply for residency in the US while living inside the US. I read this on the USCIS website, although I'm relatively confused on how we would go about it. This is surprising to me, as wouldn't it be illegal since she'd be on her tourist visa if she were applying for residency while living in the US? If anyone has any info on this particular possibility I'd love to hear it. It sounds like the easiest way to go about it, but so far I know nothing about it. Here's what I'm talking about if anyone is confused on this last part ----

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Thanks all,

J

Edited February 22, 2013 by jworld34

[Penguin_ie 5,995]

Forget the K3, it is obsolete and usually the process is closed at NVC stage and you are forced onto the CR-1 path anyway.

She cannot use a tourist visa to enter the USA with the intent to immigrate- that would be visa fraud.

[jworld34 0]

Forget the K3, it is obsolete and usually the process is closed at NVC stage and you are forced onto the CR-1 path anyway.

She cannot use a tourist visa to enter the USA with the intent to immigrate- that would be visa fraud.

Thanks, in that case what does the USCIS trying to explain on that webpage? I don't see a way for someone not a US citizen to be living there and then be able to apply for residency.

[Penguin_ie 5,995]

The option is there for extraordinary circumstances. Say for example you and your wife come to the USA for a vacation, fully intending to return to Brazil, but while you are here, she gets word that her job in Brazil is being made redundant, or your elderly father has a fall and you need to stay long term to take care of him. Basically, if your plans change AFTER you enter the USA, then there is a process for her to stay legally. If you have a plan to immigrate BEFORE you cross the border, then it is immigration fraud because the tourist visa is for tourism, not immigration.

What you can do is petition her for the CR-1 spousal visa asap, and then use her tourist visa to visit during the process- that is perfectly legal, but she cannot work or live in the USA until she has an immigrant visa.

[NikLR 13,231]

Just to add, you're wanting to have your cake and eat it too. You should pick a country and stay in it until you are a dual citizen. Until then, as a permanent resident, you must live in the country more than you're out if it. So if you're planning on moving to the USA, make it long enough for your wife to become a citizen.

[izabela 10]

Don't do the k3, it is a waste of time. We filed for it in October and we are still waiting for some kind of an answer...

I don't even know why USCIS is offering this option on its website, claiming it is faster than the CR1/IR1, as it is definitely not

[NikLR 13,231]

Don't do the k3, it is a waste of time. We filed for it in October and we are still waiting for some kind of an answer...

I don't even know why USCIS is offering this option on its website, claiming it is faster than the CR1/IR1, as it is definitely not

The USCIS has nothing to do with the actual K3 visa. They simply tell you how to file the petitions that can LEAD to a K3 visa. It is the choice of the National Visa Center to not pursue the K3 visas any longer.

[izabela 10]

The USCIS has nothing to do with the actual K3 visa. They simply tell you how to file the petitions that can LEAD to a K3 visa. It is the choice of the National Visa Center to not pursue the K3 visas any longer.

Yes, but the USCIS would have to approve the i129f petition before the i130 so that the NVC could issue a K3 visa, which it is obviously not doing...

[NikLR 13,231]

No it's their policy to join them up. As it is, they sometimes DO approve the I-129F before the I-130 and sometimes the NVC does recieve the I-129F before the I-130. The last time this happened the consulate closed the K3 visa route because of the approved I-130 on the books.

Should the USCIS and NVC remove the K3 visa from the books? Probably.