K-3 Interview alone? travel, minimum stay requirekments?

[azjet 0]

Please help with several K-3 related questions:

1) Does the US citizen have to accompany the K3 candidate to the interview or can the candidate attend alone?

2) Can my wife leave the US after initial arrival on the K3 visa or is there a minimum stay requirement?

3) If her K3 visa is denied does it affect her valid toursist visa?

Background:

My wife and I are initiating the K-3 processs in Bangkok. She currently holds 10 year tourst visa and has travelled to the US three separate times. We will begin the process before I return to the US. We will file all paperwork in Thailand. It is likely that she will have to attend the interview alone as I will be working in the US. Assuming she is successful, she will join me in the US. We will both travel back and forth to Thailand maybe for extended periods as we have busness interests.

Thank you in advance for any thoughtful response!

[TBoneTX 45,288]

Welcome to the forum!

Does Thailand allow Direct Consular Filing (DCF)?

The CR-1 visa is superior to and eminently preferable to the K-3. Most K-3 petitions are converted to CR-1, anyway.

1) Go atop any VJ page, click "Embassy Info" and "Reviews: Embassy," and read what's expected or desirable in regard to the petitioner's attendance in Bangkok. You can also read through the posts in the regional forum for Thailand (down the list on the Forums page).

2) No, she can't immediately leave, and this is one reason why the CR-1 is superior to the K-3.

3) A K-3 denial technically won't affect the validity of her tourist visa; however, if she later tries to enter the U.S. with its use, CBP could turn her away, because she has demonstrated immigrant intent by having filed a K-3. As long as the K-3 or CR-1 case is legitimate in terms of proving a bona fide relationship, the visa should not be denied; again, read the Thailand-specific information suggested above.

[aaron2020 11,651]

First, here are the answers to your questions.

1. Most likely no. Some embassies allows the USC to attend. Some won't even let the USC into the embassies. Have read on this forum that some do require the USC to attend. Thai folks will be able to help you with this.

2. She can leave immediately. However, it means she is abandoning the process.

There is no minimum time she must stay in the US. If she wants to get a green card, you will need to go through another process - adjustment of status.

To get her a green card, you would need to file to adjust her status. About 3 months after you file to adjust, she can get AP. With AP, she can leave and return to the US without abandoning the process.

3. If the K-3 is denied, the visitor visa will be revoked.

Second, why pursue the K-3 non-immigrant visa when you can pursue an immigrant spousal visa?

[NikLR 13,227]

First, here are the answers to your questions.

1. Most likely no. Some embassies allows the USC to attend. Some won't even let the USC into the embassies. Have read on this forum that some do require the USC to attend. Thai folks will be able to help you with this.

2. She can leave immediately. However, it means she is abandoning the process.

There is no minimum time she must stay in the US. If she wants to get a green card, you will need to go through another process - adjustment of status.

To get her a green card, you would need to file to adjust her status. About 3 months after you file to adjust, she can get AP. With AP, she can leave and return to the US without abandoning the process.

3. If the K-3 is denied, the visitor visa will be revoked.

Second, why pursue the K-3 non-immigrant visa when you can pursue an immigrant spousal visa?

The bolded part is incorrect. The K3 is a multi-use visa and can be used to enter and exit the USA until the adjustment of status has been started as you explain further down, then I believe you need AP to enter and exit.

Since often it is the NVC who decides which path you'll be on, the OP can certainly try for the K3 if they want to, but understand that your process may be switched to the IR1/CR1 path at the NVC stage, and sometimes at the embassy stage as well.

[azjet 0]

Thanks to TBone, Aaron, and NLR for your asssistance. I will definitely begin looking at the CR-1! for some reason this was not even in my radar.

I will assume that travel on the K-3 is possible (I will confirm also).

I appreciate your timely input, it helped me.

Sincerely,

David

[NikLR 13,227]

Thanks to TBone, Aaron, and NLR for your asssistance. I will definitely begin looking at the CR-1! for some reason this was not even in my radar.

I will assume that travel on the K-3 is possible (I will confirm also).

I appreciate your timely input, it helped me.

Sincerely,

David

Travel is possible?

Do you mean travelling during the visa process or travelling after getting the K3? Either way you can travel during the visa process and if the foreign spouse has a visitor visa (or is in a VWP country) visiting the USA is certainly allowed.

After obtaining the visa, the spouse can travel on the K3 until they adjust their status. They cannot work until they adjust their status, however.

the K3 costs twice as much as the CR1 because of that fact alone. It may save you 2 months at the NVC but that's it. CR1 is, in almost every way, the superior visa.

[azjet 0]

Your replies have alerted me of the fact that the CR-1 is indeed a better way to go with one exception. That is the amount ot time it takes.

One advantage that I have being a resident of Thailand is that I can file the I-130 form at the Bangkok Field Office of USCIS. They claim to process the I-130 with a target completion of 60-90 days. It is not clear to me if this would expedite both a CR-1 and a K-3.

The only reason I would consider the K-3 is that I will have to depart for the US while my wife and son await either the K-3 or the CR-1. If the wait for the K-3 is 90 days and the wait for the CR-1 is more like 9 months, then I would optt for the K-3. If they will be similar in duration because they are processed locally, I owuld pursue the CR-1.

Any additional tho9ughts? T

Thanks again for all your help!

David

Edited June 15, 2014 by azjet

[NikLR 13,227]

I think you are confusing some terms. What you speak of is DCF. Direct consular filing.

DCF is a different beast, you cannot compare wait times on DCF to a traditionally filed CR1 or K3. Filing the I-130 is starting the CR1 process, either by consular processing or DCF. Adding the I-129F after the NOA1 for the I-130 is starting the K3 process. Im not even aure it's plausible to do so via DCF.

If you can DCF I suggest doing so. Do a CR1 visa so that your wife will have a green card upon arrival.

Is your son also a US citizen with his passport?

[azjet 0]

Thanks for all of your input NLR.

I think the way I will proceed is with direct consular filing for the CR-1 visa. The Bangkok consulate told me this morning that they presently have very little queue time.

Yes my son holds a US Passport. I do not think that there is any thing special required for him to travel into the US.

I am going to prepare my I-130 form and get the ball rolling here.

[NikLR 13,227]

Thanks for all of your input NLR.

I think the way I will proceed is with direct consular filing for the CR-1 visa. The Bangkok consulate told me this morning that they presently have very little queue time.

Yes my son holds a US Passport. I do not think that there is any thing special required for him to travel into the US.

I am going to prepare my I-130 form and get the ball rolling here.

Yep definitly go with DCF.

Take a gander in to the DCF forum if you need any help vs posting in this sub forum.

Your son will not need anything special to move except if you are not with him and your wife wen they travel, you may want to send a notarized letter saying it is okay for her to travel alone with your son. My daughter requires a notarized travel consent letter each time she travels either on her own or with her father outside of Canada. CBP don't seem to be particularly strict on this most times, but it's best to have just in case.

[Darnell 8,478]

Please help with several K-3 related questions:

1) Does the US citizen have to accompany the K3 candidate to the interview or can the candidate attend alone?

2) Can my wife leave the US after initial arrival on the K3 visa or is there a minimum stay requirement?

3) If her K3 visa is denied does it affect her valid toursist visa?

1. no - can attend alone

2. yes - she is given an I-94 document/electronic entry in CBP on each entry into the USA. K-3 visas are unique in that they can come and go during a 2 year period of authorized stay in the USA - given usually as a stamp in the passport at the POE.

3. Usually - yes.

With that said - why not chase after an IR-1 or CR-1 visa, instead?

[Darnell 8,478]

2. She can leave immediately. However, it means she is abandoning the process.

There is no minimum time she must stay in the US. If she wants to get a green card, you will need to go through another process - adjustment of status.

There is no process for a K-3 to maintain the K-3 status - it's given for a 2 year duration, from first POE date, and folk can come and go without filing anything else. After first POE - it's multi-entry, for up to 2 years, without any other paperwork.

You might be thinking of the 'chase a green card' process, instead.

Edited June 16, 2014 by Darnell