K3 Worth the hassle? Questions...

[Zittajohn 0]

I applied for I-130 on Oct 21st 2013 and received my NOA1 on Oct 27th. I just looked at the Nebraska processing dates and it is at Feb 2013. I didn't want to go through the hassle of the K3, but now I think it might be worth it. The current K3 processing date is Oct 23rd 2013.

If I send my K3 now, will it be worth it? It doesn't cost anything to send it because we've already sent the I-130 fees and what not, but I don't want to get my hopes up thinking it will process faster and get my husband here faster. Has anyone had any luck with the K3?

If so, what is the process for him being able to work on a K3? And what is the process after the I-130 is approved? Will he have to leave the country and come back in?

Any other advice would be great.

Our I-130 is at the Nebraska center and my husband is coming from the UK.

[Hypnos 6,576]

K-3s are rarely issued anymore due to the faster processing time of IR-1 / CR-1 immigrant visas. Since there's no fee to apply then the worst that can happen is nothing, but understand it's extremely unlikely he would receive a K-3 visa.

If by some miracle he actually did get a K-3, then he wouldn't be able to work immediately upon entry (as with an immigrant visa). Instead, he'd have to file an I-765 to apply for an Employment Authorisation Document, and wouldn't be able to legally work until he received it.

After admission on a K-3 (and any derivative children on a K-4) he can file for AoS at any time.

More information: http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Edited December 7, 2013 by Hypnos