Is my wife banned from the US until K-3 Visa given?

[zaragozazaragoza 0]

I am a US citizen applying for a spousal visa for my wife who is outside the country. I filed an I-130 earlier this week. Before I did this I talked with an immigration attorney who told me that while the I-130 is being processed my wife cannot enter the country for any reason. We are still going through denial about the fact that she can't come to the US while we await the visa.

So, is it true that she would not be able to fly to the U.S. until we go through the whole process and she receives the K3 visa?

Are there other options? Are we as a couple really going to be separated for that long?

One thing that has made me confused is that on the Visa Journey site (http://www.visajourney.com/content/compare#k3),
it says under the section on advantages of the K-3 visa: "The K-3 Visa Holder may apply for Adjustment of Status within the US BEFORE the underlying I-130 petition is approved. " This makes me think that Anna can be here before the i-130 is approved.

I'm so confused, please help!

Thanks,

Anthony Zaragoza

[Harsh_77 718]

No it is not true, I could be wrong but as far as I know there is no K3 anymore.

She can visit you on VWP and there is no problem there are lot of ppl who have done it. She will need to prove she has strong ties to her home country and she would return back but chances are high she might be turned away from the airport so you got to be prepared for it as well.

[Merrytooth 5,748]

K3 visa is obsolete, you should be doing the CR1 (spousal visa).

http://www.visajourney.com/content/i130guide1

Your wife could still visit you during the waiting process. She just needs to bring along documents to show ties to her country.

See this thread:

http://www.visajourn...-you-can-visit/

It applies to people on the spouse visa path too.

[kzielu 1,149]

One thing is clear though - OPs attorney has no idea what he/she is talking about. Hopefully he is not handling OPs paperwork...

[Harsh_77 718]

One thing is clear though - OPs attorney has no idea what he/she is talking about. Hopefully he is not handling OPs paperwork...

100% agree with you.

[barbara360 6]

She will have to show strong ties to her country and it is up to the officer working that day to decide if he/she will let her enter or not. Many people have been successful in visiting but you have to be prepared for the possibility that she will be turned away. We were too scared to take that chance so I visited my husband instead. It is very hard to be apart from your loved one but in the end, it will be worth it!!! Good luck on your journey!

[zaragozazaragoza 0]

Thanks for your replies! I filed the I-130 on Tuesday Aug 20th. And can work through the CR1 process, but if K3 is obsolete, why is it still on the Visa Journey site?

By the way who is OP? The attorney I spoke with didn't handle the paper work, I did, but I may have misquoted her. The key thing is she advised us that my wife wouldn't be able to move over or shouldn't attempt a visit until the visa is approved.

[Harsh_77 718]

Thanks for your replies! I filed the I-130 on Tuesday Aug 20th. And can work through the CR1 process, but if K3 is obsolete, why is it still on the Visa Journey site?

By the way who is OP? The attorney I spoke with didn't handle the paper work, I did, but I may have misquoted her. The key thing is she advised us that my wife wouldn't be able to move over or shouldn't attempt a visit until the visa is approved.

OP is you Original Poster.

What your attorney said is correct she cannot enter the country on VWP with intention to adjust the status that would be considered fraud, she can enter the country to visit and go back to finish the CR1 process in her home country.

VJ has K3 coz one time it was an option available but not anymore I think 2 yrs back all K3 were eventually turned into CR1 and they stopped K3.

[zaragozazaragoza 0]

Again thank you all so much. So, if she were to come to the US to visit with the intention of returning to await the rest of the process to play out, what would she tell the customs and immigration official upon arrival? Would she say that she is married to a US citizen who has filed for spousal visa, and she is coming to visit with the intention of returning to her home country and has strong ties there (job, mortgage, family, bank accounts, etc.) or would she simply say she was coming to visit the country or what? Seems quite risky!

Again thanks in advance! I'm quite impressed with how quickly I have received this information and wish that I would have been posting on here long ago.

Best to you all!

[NikLR 13,232]

K3 is obsolete because of NVC policy, no other reason. The USCIS still has it on the books and it is possible to get one, it's just very rare.

How it works is, it's the USCIS policy to adjudicate that I-130 and I-129F together. Because of this, the NVC made the decision to administratively close the approved I-129F if it was received at the same time or after an approved I-130. A consulate may also close the I-129F and K3 visa path if there is an approved I-130 on file. It's possible to get the K3 visa because of how slow some of the local offices are adjudicating the I-130 right now. Also if they aren't put together and the I-129F happens to be faster a K3 is still possible. It's just very rare. Also because of the way a K3 visa works, the beneficiary needs to adjust their status after the I-130 is approved. The cost of adjusting status is another $1070 making the total cost of the K3 visa twice as much as a CR1.

Italy is part of the VWP and your wife should have no problems applying for ESTA and visiting the USA for up to 90 days per stay and up to 180 days per year. (Always leave a few days at the end of a visit to make sure the visitor leaves on time so they can continue to use the VWP.) She should bring proof of her ties to Italy (such as a return ticket/itinerary, a letter from her employer stating when she is due back, an apartment rental agreement or lease, bills, school enrollment, etc...) but she may not be asked for them. She shouldn't lie to the CBP and state her true reasons for visiting the USA. Likely she will not have any trouble, but may be asked more questions than normal.

[Harsh_77 718]

Again thank you all so much. So, if she were to come to the US to visit with the intention of returning to await the rest of the process to play out, what would she tell the customs and immigration official upon arrival? Would she say that she is married to a US citizen who has filed for spousal visa, and she is coming to visit with the intention of returning to her home country and has strong ties there (job, mortgage, family, bank accounts, etc.) or would she simply say she was coming to visit the country or what? Seems quite risky!

Again thanks in advance! I'm quite impressed with how quickly I have received this information and wish that I would have been posting on here long ago.

Best to you all!

Yes, your wife should be honest on all the response as all those would be stored as part of her records and can be pulled up during the interview process.

Misrepresentation or lying can lead to a perm ban, immigration takes it very seriously.

Yes she can be honest and let the agent know she is visiting and would be returning and provide all the documents asked by the agent at POE to establish her ties to home country.

There has been plenty of couple who were visiting each other during the immigration process specially the ones from VWP countries.

[NikLR 13,232]

Remember to answer the questions they ask and not to add anything extra if needed.

For example when I visited my husband:

CBP: What is the purpose of your visit?

Me (smile): I'm visiting my husband.

CBP: How long is your stay?

Me: XX days, returning on XX date.

CBP: How did you meet?

Me: playing computer games, Call of Duty.

CBP: Where do you work?

Me: I work at XX.

CBP: Where does your husband work?

Me: He works for XX.

CBP: okay have a nice trip.

Me: thank you, have a nice day.

[zaragozazaragoza 0]

Thanks again! So, now our question is: if while the I-130 is being processed my wife comes for a visit on VWP visa and leaves the US as she said she would within the 90 days, is there any chance that this visit would jeaopardize the spousal visa or delay it or be seen as a mark against us?

[dwheels76 5,469]

I am a US citizen applying for a spousal visa for my wife who is outside the country. I filed an I-130 earlier this week. Before I did this I talked with an immigration attorney who told me that while the I-130 is being processed my wife cannot enter the country for any reason. We are still going through denial about the fact that she can't come to the US while we await the visa.

So, is it true that she would not be able to fly to the U.S. until we go through the whole process and she receives the K3 visa?

Are there other options? Are we as a couple really going to be separated for that long?

One thing that has made me confused is that on the Visa Journey site (http://www.visajourney.com/content/compare#k3),

it says under the section on advantages of the K-3 visa: "The K-3 Visa Holder may apply for Adjustment of Status within the US BEFORE the underlying I-130 petition is approved. " This makes me think that Anna can be here before the i-130 is approved.

I'm so confused, please help!

Thanks,

Anthony Zaragoza

You keep saying K3. Did you also file a I-129F after you got the I-130 case# receipt?

But if you just filed I-130 thats a CR1/IR1 Visa in the end.

[zaragozazaragoza 0]

You keep saying K3. Did you also file a I-129F after you got the I-130 case# receipt?

But if you just filed I-130 thats a CR1/IR1 Visa in the end.

Yeah, I'm clear that there is no K3 and that I am working on CR1/IR1. It was the title of the thread so I think that's why it continues to come up. But at this point I've only recently filed the i-130 and am waiting for the NoA from it. We have gathered I-129F docs and are finallizing those. Additionally the big thing is getting us together and figuring out how to do that without jeopardizing or delaying the process in any way.