K3 Visa Help please! Do I NEED TO REQUEST A FILING LIMITATIONS WAIVER??!

[mamibebek 12]

Hello,

If anybody has an answer or has been in this situation, I would greatly appreciate your response . I sent a I-129f fiance visa petition on March 2013 and it was APPROVED on July 3, 2013. Due to some circumstances we ended up getting married on September 11, 2013 in TURKEY.

We no longer qualified for a K-1 fiance visa so we learned that we had to reapply by using I-130 Petition for Alien Relative. I sent in the application petition for I-130 as soon as I arrived back to the states and I received the hard copy notice Form I-797C on November 9, 2013.

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I now want to apply for a K3 Spouse visa, but i was reading under REQUIREMENTS AND DOCUMENTS of I-129f question #2.

What filing limitations does IMBRA place on K-1 non-immigrant petitioners?

You must apply for a filing of limitations waiver if any of the following apply:

a. You have previously filed k-1 petitions for 2 or more beneficiaries; or

b. You previously had a K-1 visa approved and less than 2 years have passed since the filing date of such previously approved petition.

Do I need to apply for a filing of limitations waiver even though the K-1 visa approved petition is for the same person i am petitioning on the I-130?

I am confused please help!!

[Harpa Timsah 13,258]

K-3 visa is basically unobtainable. Stick to the CR-1 path. Lots of threads about this if you use the advanced search tool.

[JayJayH 546]

Don't worry about anything called IMBRA or K-3, and stick to the CR-1.

The K-3 is de facto obsolete. It won't do you any good. You can certainly apply, but it will be administratively closed by the NVC, and the NVC will go ahead a continue processing the CR-1.

Edited November 11, 2013 by yang-ja

[mamibebek 12]

Thank you Harpa and Yang-ja for your responses. I did read some threads about applying for K3 visas and it looks like at one time it was a faster way to get your spouse to come to the states but now the processing times are looking about the same length of time.

[NigeriaorBust 4,087]

Many years ago , like a decade , a spousal visa was timed in years. So they let USC's use the K3 option. However now they are running almost the same time and the CR1 is better ( cheaper and you can work immediately ) They routinely kill the K3 path when the CR1 is approved. In the last 3 years there have been only 5 or so K3's on this site ( a friend's wife was one of the last 2 years ago )