K3 Visa ?? Obsolete?

[pepper44 18]

I am really confused by people posting on this site the K3 is no longer used.

When you go to the USCIS website it clearly states this is still a valid VISA process however it is not to petition a spouse to be approved to live here but for use of requesting your spouse to be in the US while you wait for your CR1 to be processed and approved.

Is this not correct?

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.html

Can someone break it down for me when an actual K-3 Visa would be used.. If at all.

Please refrain from negative posts.. just trying gain more knowledge.

Thank you

[NikLR 13,227]

Well the USCIS doesn't process visas, they process petitions and changes of status.

The National Visa Center - NVC - processes visas.

So how it works is: you send your I-130 to the USCIS. Then after you get your NOA1 you send the I-129F to the USCIS to start the k3 path which is not guaranteed.

USCIS "normally" joins both files together and adjudicates them together as well. It's pretty rare to see an I-129F get approved before the I-130.

Now sometimes the USCIS actually mails the I-129F sooner than the I-130 (because a K3 visa is good news for them, it means more money) and sometimes they send them off at the same time. If the NVC gets the I-130 and I-129F processed at the same time, they'll close the I-129F. If they get the I-130 before the I-129F , again they close the I-129F. But if they get the I-129F first (or get it out of the mailroom first) then it may get a case number and be sent onwards toward the consulate.

The K3, if it gets to interview, saves you maybe a month or two of processing at the NVC, BUT costs over twice as much in the long run because the beneficiary must then adjust their status after arriving in the USA. When they adjust their status they can't leave, even though the K3 is a multiple use visa. So the time to a green card is about twice as long as well. Which in the end means longer to citizenship, if that is a goal.

So, if you only have one embassy/consulate in your country, don't bother, in my opinion.

I can see the K3 being useful for Canadians who want to interview in Vancouver VS Montreal because the cost of the AOS is probably as much as the cost of flying to Montreal. I'm sure there are other uses too but in the end it doesn't save you any time for the petition, only cuts out the NVC processing.

Also to note, consulates have been known to close the I-129F and send you back to the NVC or change the process to the CR1/IR1 interview themselves. While you may by pass the NVC again in this stage, it's possible that you may get a 221g at the interview because no one has looked over your paperwork to make sure everything is correct and in place.

So what you choose to do is up to you. Majority are still closed. Some make it through. It really doesn't save much time and it costs a great deal more but if a month or two makes the difference for you, then by all means try. But if eventual citizenship makes a difference for you, then don't because it will take longer to get there on the K3 route.

[pepper44 18]

Thanks NLR for the awesome response. Makes total sense. I knew it cost more on top of the other Visa petitions but just didn't understand what the exact reason was behind this specific visa.

[NikLR 13,227]

It used to take 3-5 years for the I-130 to be approved and the I-129F wasn't joined up with it so at the time, the K3 made sense. The spouse could wait in the USA and even travel (but not work) until the I-130 was approved.