K-4 Visa concerns!

[VincentW 7]

Greetings visajourney forum users! I´ve been on the web a lot, researching visa processes and the likes, and this website has always been showing up! It´s by far the most useful source of information online regarding the topic. Before I move on to my question, I would just like to say that I admire all of the effort and determination visa-seekers show here. It really gives people like me hope, when we´re in the beginning!

I have the feeling my question has been asked already, but it doesn´t hurt revisiting the topic. Just some quick background information beforehand..

I´m currently 19 years old, and a citizen of Brazil. My mother was engaged recently by an American man, and we´re in the process of choosing which route to head down in order to obtain permanent residency.

We´ve used this website´s "Compare" resource, showing our options and the prons/cons of each of them. However, I have a personal question regarding the K-3 visa (or better yet, in my case, the K-4 visa.)

As aforementioned, I´m 19 years old, which is one year above the "minor zone" and 2 years below the "adult zone". It´s a horrible position to be in, seeing as the K-3 visa is the most attractive option BUT I won´t be able to file for an AOS due to my age. I should mention that time is of the essence, since I would like to apply for university in January/February of 2015.. My question is, will I really be denied AOS since I´m NINETEEN, and not merely one year younger? I find that extremely bizarre and outright unfair. From what I´ve seen online, there have been teenagers my age who appealed in court to this legal blackhole ( Akhram case, check it out!) and they won.. We like the idea of K-3 since we can be in the US as soon as possible, waiting for the documentation to be evaluated.

Should I go down this somewhat risky path, or should I just play it safe and go with K-1/K-2? Let´s consider her fiancé writes the petition mid-May, do you think I´ll have permanent residency by Febraury of 2015? It´s a long shot, I know.. But I really don´t want to start university in September of 2015, when I´m almost 21 years old.. Are my priorities just mixed up?

I´d like to hear your opinions and thoughts! Thank you in advance for you attention!

-Vincent

[Harpa Timsah 13,258]

K-3 is virtually non-obtainable these days. Definitely stick with the K-1/K-2.

Edited March 31, 2014 by Harpa Timsah

[PallasAthena 101]

My you're very well spoken and your vocabulary is quite eloquent for someone who presumably is not a native speaker of English and is only 19 years old.

Edited April 1, 2014 by SofiaIsabella

[VincentW 7]

It doesn´t pertain to the question but my native language is English. I grew up in the States, but I was born in Brazil. My mother was married to an American man when I was just a child, but unfortunately got divorced. We have all of the divorce papers already, as that´s one of the components of the I-130 package.

In any case, it really does seem that the K-1 visa route is the best option, even though we´re going to have to stick around in Brazil for a bit longer. Better safe than sorry, right?

You can understand my desire to leave as soon as possible, SofiaIsabella. You´re also from Brazil, so you´re more than aware of the situation we have here, right? Hahaha. É rir para não chorar.

[Harpa Timsah 13,258]

K-3 is not faster than K-1. Not sure why you think that.

K-3 exists on paper, but barely in practice. Because of your age, the K-1/K-2 is the best option.

[PallasAthena 101]

It doesn´t pertain to the question but my native language is English. I grew up in the States, but I was born in Brazil. My mother was married to an American man when I was just a child, but unfortunately got divorced. We have all of the divorce papers already, as that´s one of the components of the I-130 package.

In any case, it really does seem that the K-1 visa route is the best option, even though we´re going to have to stick around in Brazil for a bit longer. Better safe than sorry, right?

You can understand my desire to leave as soon as possible, SofiaIsabella. You´re also from Brazil, so you´re more than aware of the situation we have here, right? Hahaha. É rir para não chorar.

Ah.. well even for someone who was born and raised in the US, your English is impressive for someone your age!

Would it take longer if your mom applied for you when she becomes an LPR (legal permanent resident)? K-3 is not the right type of visa for you.

Have you asked a lawyer? (Many give free first time consultations or you can email them?)

Boa sorte!

Edited April 2, 2014 by SofiaIsabella

[VisaVee2k13 0]

K-3 is virtually non-obtainable these days. Definitely stick with the K-1/K-2.

So you say that in practice the K-3 is rare to be issued?...does this apply to the K1 process or also for someone who is filing the I-130 along with the K-3?....is it not worth filing the K-3 then from what you know?

Thanks.

[NikLR 13,227]

So you say that in practice the K-3 is rare to be issued?...does this apply to the K1 process or also for someone who is filing the I-130 along with the K-3?....is it not worth filing the K-3 then from what you know?

Thanks.

Most often it is NOT worth the effort but as it's free to file the I-129F after the I-130, a lot of people choose to do so. The K3 is a multi-use visa so the immigrant can travel outside of the USA while waiting for the I-130 to be approved so they can do the adjustment of status, but they cannot work. Also since the USCIS adjudicates, by their own policy, the I-130 and I-129F at the same time, they're normally approved at the same time. If the I-129F happens to get a case number and sent to the embassy, you're really only saving a few months of work at the NVC. You're then spending the money to get the K3 visa and the money for adjustment of status. This makes the green card closer to a year away from getting the K3 visa rather than immediately upon POE with the CR1/IR1 visa. This also messes up when you can become a citizen as you need to be, at minimum, an LPR for 3 years and married to the same spouse. Well if at IR1 you POE and have a green card but at K3 you POE and have to wait another year on your adjustment of status, that's a year more you have to wait for citizenship.

K3 visa is not superior in any way, shape, or form except to bypass the document intake at the NVC. So you save a few months processing time to get to the USA faster and spend twice that in time and money to get the green card.

Edited April 3, 2014 by NLR

[VisaVee2k13 0]

Most often it is NOT worth the effort but as it's free to file the I-129F after the I-130, a lot of people choose to do so. The K3 is a multi-use visa so the immigrant can travel outside of the USA while waiting for the I-130 to be approved so they can do the adjustment of status, but they cannot work. Also since the USCIS adjudicates, by their own policy, the I-130 and I-129F at the same time, they're normally approved at the same time. If the I-129F happens to get a case number and sent to the embassy, you're really only saving a few months of work at the NVC. You're then spending the money to get the K3 visa and the money for adjustment of status. This makes the green card closer to a year away from getting the K3 visa rather than immediately upon POE with the CR1/IR1 visa. This also messes up when you can become a citizen as you need to be, at minimum, an LPR for 3 years and married to the same spouse. Well if at IR1 you POE and have a green card but at K3 you POE and have to wait another year on your adjustment of status, that's a year more you have to wait for citizenship.

K3 visa is not superior in any way, shape, or form except to bypass the document intake at the NVC. So you save a few months processing time to get to the USA faster and spend twice that in time and money to get the green card.

It may be worth it if you want to get to USA faster...but if you are doing it this way, do you file the I-130 and the K-3 simultaneously, at same time?...sounds like part of this is also filling out the I-129F (which is normally used for Fiancé visa)?...

I understand the K-3 is free of charge to file, since you already paid for the I-130....

[milimelo 4,477]

For your situation, K1/K2 is the only and best way to get into the US. Given that it only takes couple of months to get approval for I-129f these days, you and your mother could potentially be with visa in hand by end of year.

[NikLR 13,227]

No they're not sent simultaneously. Please read the guides.

Edited April 4, 2014 by NLR