NON-IMMIGRANT K3 - NON - Immigrant B.S.!!

[NikLR 13,228]

it doesn't sound like good advice for someone who has no intention to move ever to usa.

I find it a little bit silly to leave everything for 3 years , business especially! just because someone wants to visit family in law.. from time to time.

the system is broken, and it is sad that Poland is still not include in VWP program

For me you should try do as Darnell says..

I wasnt talking to the OP, I was talking to the person from Germany who was already living in the USA.

[JohnR! 5,495]

Thank you Gegel - I suppose it's silly of me at this point to complain about what seems to be a glaring overlook in the US immigration system - I am certain that I am not the only US citizen who has decided to marry and live in another country - I just find it absurd that I can't speak to a Consulate Officer about my situation - I am not speaking on the behalf of a foreign national applying for a US visa - I am speaking solely on my behalf as a US citizen who should have the right to marry and live where I choose in this world and be allowed to travel freely into the US for up to 3 months to visit with my foreign spouse - I would have thought that that is what a "Spousal Visa" is - instead it's not any different than a Fiance Visa - they are both immigrant visas - They should have a visa for the foreigs spouses of American expatriots who live abroad - it would seem there are many people in the military or in business who would fit this category - it's not such a 'niche'

I could not agree with you more. There should be a visa for spouses and parents of US citizens who might give them non-immigrant status for longer periods or for frequent visits. That however would require a complete redesign of the immigration laws and architecture.

The US Consulate in Poland would not be the correct audience for this type of dialogue. If you want to be heard you would need to send a letter to your senator and to the USCIS directly. I am not sure the impact it would make but that is certainly the route to go if you want to be heard.

[peterlavilla 1]

I could not agree with you more. There should be a visa for spouses and parents of US citizens who might give them non-immigrant status for longer periods or for frequent visits. That however would require a complete redesign of the immigration laws and architecture.

The US Consulate in Poland would not be the correct audience for this type of dialogue. If you want to be heard you would need to send a letter to your senator and to the USCIS directly. I am not sure the impact it would make but that is certainly the route to go if you want to be heard.

Thanks - in the mean while , I am faced with 2 options ;

1 - marry my girlfriend in Poland and hope that they will give her a tourist visa when we want/need to visit my mother once a year (although so far the consulate has made it clear that the only option for us is to do a Fiance/Spousal Visa)

2 - try to do the IR1 / CR1 from the consulate in Poland - but I will not get that because I can't do an affidavit of support because I have no income or permant residence in the USA anymore - and I don't have any family or friends that can joint sponsor for the affidavit of support

This whole situation is putting tremendous strain on my relationship - the fact that my Polish girlfriend (together 14 years) has been prohibited from traveling with me to see family in the States is a big "turn off" for her ....understandably

Edited December 16, 2013 by peterlavilla

[JohnR! 5,495]

Thanks - in the mean while , I am faced with 2 options ;

1 - marry my girlfriend in Poland and hope that they will give her a tourist visa when we want/need to visit my mother once a year (although so far the consulate has made it clear that the only option for us is to do a Fiance/Spousal Visa)

2 - try to do the IR1 / CR1 from the consulate in Poland - but I will not get that because I can't do an affidavit of support because I have no income or permant residence in the USA anymore - and I don't have any family or friends that can joint sponsor for the affidavit of support

This whole situation is putting tremendous strain on my relationship - the fact that my Polish girlfriend (together 14 years) has been prohibited from traveling with me to see family in the States is a big "turn off" for her ....understandably

Peter,

The IR/CR is not an option for it only applies if you were going to establish residence in the US. So long as both of you are living overseas the only visa applicable to her case is the tourist visa.

What I believe the consulate has not understood is that she has no intention of establishing residence in the US, thence their suggestion she applies for a K-1 or K-3 visa. I say this because even if you wanted to get her a green card, you would not be able to sponsor her for you yourself do not reside in the US. I honestly believe there has been a communication failure somewhere in her process that has created this disconnect. They are suggesting a visa that does not apply to her and she is asking for a visa they understand not to be appropriate for her case.

If you are going to marry, that might help her get a tourist visa, because you become an additional and strong tie to Poland she will have, in addition to her job, etc.

[Darnell 8,478]

Peter - you might want to get in soonish to the Consulate/Embassy

during

an American Citizen Services appointment

and talk with a Vice-Consul.

Make a new friend. Expats who intend to remain expats sometimes make inroads at the Consulate, so when that B1 interview actually occurs, a Vice-Consul already knows the situation.

In the end it's all about money - if I have $5000 - $10,000 I can get an immigration lawyer to expedite the whole thing - that's IF I make a lot of money anually in the first place - So America welcomes anybody in if you can pay the price. Not so "free" after all.

Nota.Bene.: In most cases, an immigration lawyer cannot expedite anything for a spousal visa or a B1 visa. Bear that in mind as you are making yer budget for 2014.

[angeldaemon13 42]

Question....if you are only wanting to visit....The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition

The B-2 visa is for travel that is recreational in nature, including tourism, visits with friends or relatives, medical treatment and activities of a fraternal, social or service nature.

So why would you want the K3 visa? Would you not want the B2 tourist visa?

[NikLR 13,228]

The Op's spouse was denied a visitor visa. That is why they thought the K3 would work.

[Darnell 8,478]

Question....if you are only wanting to visit....The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition

Ah ! Found in a non-pertinent, predicated website ! Stellar ! Score !

How to get a K-3?

After I-130 receipt notice, file the I-129F.

Since 2010, the I-129F is joined up with the I-130, pulled from the I-130 queue, and put at the end of the adjudiction queue (minus points for losing time)

Then the I-129F and I-130 are adjudicated together (minus points for losing time with the I-129F, there was no speed gained for waiting for the I-130 to be adjudicated)

Then the I-129F and I-130 travel together into NVC. NVC sees an approved I-130, and administratively closes the I-129F, as the basis for an I-129F, an unapproved I-130, doesn't exist. (Minus points for losing time whilst a human at NVC does some administrative work)

However, what you mentioned DID work prior to 2010. A little. It worked all the time prior to 2008, though, as USCIS was really bad with getting the name checks done for the I-130. Automation kicked in, the backlogged was cleared, and the viability of the I-129F for a K-3, an unapproved I-130, did not exist anymore, as both were approved at the same time.

This 'shorten the physical seperation' time used to work, when it was taking 3 years to get an I-130 approved, an I-129F could get approved within 6 months.

Apologies if it seems I'm jumping on you, personally. I'm not. I'm tired of folk thinking the K-3 is a viable visa to chase after. It's not, and USCIS won't tell you about it. It sucks too, as USCIS is the first entry point for chasing that visa.

as for the OP and their conundrum, i think it's just spew, albeit righteous spew. At some point, he'll refactor his plans for his girlfriend/wife/partner and make new friends at the Embassy.

At least, that's my hope for him.

[dwheels76 5,468]

Ah ! Found in a non-pertinent, predicated website ! Stellar ! Score !

How to get a K-3?

After I-130 receipt notice, file the I-129F.

Since 2010, the I-129F is joined up with the I-130, pulled from the I-130 queue, and put at the end of the adjudiction queue (minus points for losing time)

Then the I-129F and I-130 are adjudicated together (minus points for losing time with the I-129F, there was no speed gained for waiting for the I-130 to be adjudicated)

Then the I-129F and I-130 travel together into NVC. NVC sees an approved I-130, and administratively closes the I-129F, as the basis for an I-129F, an unapproved I-130, doesn't exist. (Minus points for losing time whilst a human at NVC does some administrative work)

However, what you mentioned DID work prior to 2010. A little. It worked all the time prior to 2008, though, as USCIS was really bad with getting the name checks done for the I-130. Automation kicked in, the backlogged was cleared, and the viability of the I-129F for a K-3, an unapproved I-130, did not exist anymore, as both were approved at the same time.

This 'shorten the physical seperation' time used to work, when it was taking 3 years to get an I-130 approved, an I-129F could get approved within 6 months.

Apologies if it seems I'm jumping on you, personally. I'm not. I'm tired of folk thinking the K-3 is a viable visa to chase after. It's not, and USCIS won't tell you about it. It sucks too, as USCIS is the first entry point for chasing that visa.

as for the OP and their conundrum, i think it's just spew, albeit righteous spew. At some point, he'll refactor his plans for his girlfriend/wife/partner and make new friends at the Embassy.

At least, that's my hope for him.

Mr Darnell please have this pinned in the Forum of K3 and CR1/IR1 this is classic Darnellism good stuff. Breakin it down.

[Ryan H 3,818]

I disagree with all the posts that suggest getting married will help the OP's spouse obtain a tourist visa. If anything, it will make it HARDER. Here is why I think this, a foreign spouse of a US Citizen is eligible to adjust when inside the US. Furthermore, the Board of Immigration Appeals stopped the predecessor agency to USCIS from using preconceived intent to misuse a tourist visa as the sole reason to deny an AOS application to an immediate relative of a US Citizen. So when a CO applies 214b (the presumption of immigrant intent), a US Citizen spouse is more of a tie to the US, not Poland and therefore can supersede just about any other evidence of ties to a home country an applicant may have.

As for the suggestions of some sort of special visa, I'll refer you to the post below. It's from an old thread but definitely relevant to the discussion here. I could not have said it better myself.

You have a problem. Statistically, your husband is an immigration risk because of the country he's from. Once he's on US soil he would be eligible to adjust status and get a green card. Using a non-immigrant visa with the intention of immigrating is not legal, but the Board of Immigration Appeals stopped INS (the predecessor to USCIS) from using this as a sole reason for denying a green card to an immediate relative of a US citizen. This puts Department of Homeland Security in a precarious position - they have to enforce the law, but their hands are pretty much tied once the alien is admitted to the US. Their only option is to stop people whom they believe might have immigrant intent from getting into the US with a non-immigrant visa. The consulate won't want to give him a non-immigrant B2 visa. If you manage to get a B2 visa then the CBP might not admit him to the United States.

Even if the US had a special visitors visa for spouses of US citizens, there would still be the problem of INA 245(a). The foreign spouse would be eligible to apply for a green card when they entered the US, and the consulates and CBP would be required to enforce the law against preconceived intent.

In my opinion, the solution is not a special visa. The solution is for Congress to change the law so that people who enter the US with a non-immigrant visa may not adjust status unless that visa specifically allowed for dual intent. If everyone was required to go through consular processing to obtain an immigrant or dual intent visa before they could immigrate then it would be dramatically easier to get a visa to visit the US. Congress created the risk when they created the exception that allows someone to adjust status after entering with a non-immigrant visa.

[Ning 619]

I disagree with all the posts that suggest getting married will help the OP's spouse obtain a tourist visa. If anything, it will make it HARDER. Here is why I think this, a foreign spouse of a US Citizen is eligible to adjust when inside the US. Furthermore, the Board of Immigration Appeals stopped the predecessor agency to USCIS from using preconceived intent to misuse a tourist visa as the sole reason to deny an AOS application to an immediate relative of a US Citizen. So when a CO applies 214b (the presumption of immigrant intent), a US Citizen spouse is more of a tie to the US, not Poland and therefore can supersede just about any other evidence of ties to a home country an applicant may have.

As for the suggestions of some sort of special visa, I'll refer you to the post below. It's from an old thread but definitely relevant to the discussion here. I could not have said it better myself.

This is EXACTLY what the embassy told my husband when they denied my tourist visa applications. That includes Jims comment that people may not be allowed entry even if they had a B 2.

[NikLR 13,228]

I agree with Ryan. And totally, completely, utterly agree with that quote.

[cappucino boy 29]

Peterlavilla,

I feel for you, really I do. We have friends who are here in the U.S. and want to bring her daughter over here for a visit but the U.S. Consulate in Poland refuses to give the daughter a visitor's visa in order to see her mom. Her daughter finally got to visit her by flying into Mexico and bringing her across the border physically she tried getting a visa many times. There is no other way to describe it as despicable, the thought they think that everyone want to come and stay in the U.S. ludicrous.....It's just unfair.

It's my intention to take my foreign born wife back to Poland and stay but after we get her citizenship here. I only intend to come back to visit my daughter but we need to do this so she will be able to come to U.S. with me. Poland should be part of the visa waiver program like all of it's neighboring countries. I'm not sure what's holding up the process, Obama, in his last visit to Poland, stated that he was going to make it a priority but as always it's just a promise that carries no weight and nothing has become of it.

I'm sorry there is no recourse for you other than the way we are going. She has her interview on January 6th, 2014 and hopes that she passes the interview. Our plans are to move from the U.S. when I have enough money for retirement, which hopefully will be in the next 4 years.

Good luck and I hope that your girlfriend is able to secure a visa, she should be able to visit the country of her significant other without all this trouble which speaks volumes about our government.

Bernie

Sorry N-o-l-a, now I see what you were saying - but my entire point is that we do not want to immigrate to the US - we never will - I know it's hard for some people to get their head around, but I am a US citizen who wants to live in Poland - I want marry my girlfriend whom I've been with for 14 years in Poland, and simply travel to visit my mother with her maybe once a year for 2-3 months (a summer) -

When she had the interview with the CO she made it very clear that she had NO intention of immigrating or marrying in the US - she presented all ties to Poland, and the CO insisted that if she is in a realtionship with a US citizen than she MUST apply for a Fiance or Spousal visa -

I was not allowed to be present during the interview, and as I understand it, no US citizen is allowed to be present during a Tourist Visa applicant interview - they will not allow any intervention by a US citizen on the behalf of the applicant

[j.elshafei 8]

This is exactly what happened to my husband. He's Egyptian and I am American, we've been living together in Egypt for over 4 years now. A few years ago my husband tried to get a tourist visa to go to the US and meet my family, he's got a career in TV here, a flat he's had for 20 years... everything necessary to prove ties to this country... but he was turned down. They told him his problem is, he is married to a US Citizen. They told him to apply for an immigrant visa. Well, he didn't want an immigrant visa... so, he still hasn't met my family.

I finally convinced him to move to the US and we applied in July of 2013. Waiting, now. But this whole thing is pretty messed up I think.

It seems to me that the people that chose to violate our laws and sneak into the country illegally are being treated better than the ones that follow the rules. Ugh...

[NikLR 13,228]

They could easily make b2 visas more available by taking AOS completely out of the equation unless someone has K1 or K3 visa. IMHO, that's what they should do. People will continue to abuse the AOS while it's available and that makes it hard for others to visit the USA.