Visit while Filing for K3

[margarth 1]

I currently live with my husband in China. However, I suddenly got a job that begins in August in the U.S. I am moving there with our daughter in early August, and I would like my husband to come with me, but obviously that's not enough time to get a K3 visa. He currently holds a visitor visa that he got when we visited my parents in the US this past February. It expires in December. I have looked at some other topics and websites, and it looks like if we started the K3 process now, it would be possible for him to visit before it went through, as long as he had sufficient proof that it would just be a visit. Vis-à-vis this point, would it be a good idea to start the K3 process now or after he enters the US for a visit? Thanks for any advice

[Hypnos 6,576]

K-3s are tantamount to obsolete. What you would be applying for is a CR-1 or IR-1 immigrant visa (depending on how long you've married).

You should expect this process to take ~12 - 14 months when filing the normal way, before the visa is issued.

Because you both reside in China you may be eligible to use a fast-track visa application process known as Direct Consular Filing (DCF). Essentially, what this boils down to is if the US citizen and foreign national are resident abroad in a country that has a USCIS field office (and China has two, in Beijing and Guangzhou) then you can file an I-130 petition for alien relative direct with the USCIS field office within the US embassy. This process is usually (much) faster. You may wish to investigate this option first, although if you leave in August I'm not sure how that is going to affect matters.

[margarth 1]

Thanks so much for the reply! I will definitely look into the Direct Consular Filing. I am curious though. I have seen a couple comments saying that K3 is essentially obsolete. I am wondering why that is, though. When I check any websites (including US government websites) for which visa to apply for, they all recommend K3. The processing time for K3 seems to be about 3~6 months to get a visa to enter the US and then a similar time to CR1 to get a green card. So it seems like K3 would still be preferable, as my husband could come to the US sooner.

Also, we've been married for 2 years.

[Hypnos 6,576]

If you've been married for at least two years then you would be seeking an IR-1 visa.

K-3s are considered obsolete because when both an I-130 (for a CR-1 / IR-1) and an I-129F (for a K-3) for the same beneficiary reach the NVC, 99 times out of 100 they will administratively close the I-129F, leaving you on the IR-1 / CR-1 path only.

Basically, they were a holdover visa from the time that immigrant visas took well over a year (and sometimes two or three) to process. Now, with processing times being competitively shorter the need for them is essentially eliminated. This isn't really stated anywhere, but is the NVC's policy.

Edited June 30, 2014 by Hypnos

[margarth 1]

Okay, I understand. Thanks. I am trying to go the DCF route, but the Beijing and Guangzhou (and Shanghai) consulate websites all seem to not be working...I've tried using a VPN and other computers. Is there any other way to check the procedures specific to my consulate?

[Hypnos 6,576]

The sites don't seem to be accessible right now. I would imagine by tomorrow you should be able to view them.

In the meantime you may want to take a look at the DCF forum on VJ: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/ and also the China sub-forum: http://www.visajourney.com/forums/forum/94-china/.

Edited June 30, 2014 by Hypnos

[margarth 1]

Ok, thanks so much for your help!