Can apply for K-3 after applied for IR1? Should I?

[Texan in Jiangsu 0]

Hi everyone,

I'm about to move to Houston, TX while my wife stays in China so that I can get a job for the affidavit of support. Our documents have made it to NVC. We are waiting for the NVC to send the information to Guangzhou. My wife can't get a travel visa to visit me. We have no idea how long this process will take. Would it make sense for my wife to apply for a K-3 and then switch her status once she moves to the USA? Is this even possible? Do I even know what I'm talking about? I am in the middle of researching this.

Lee

[Hypnos 6,577]

K-3s are tantamount to obsolete; you are more likely to win the lottery twice in two weeks than obtain a K-3.

Edited July 25, 2014 by Hypnos

[RandyW 149]

Your wife is no longer eligible, by law, for the K-3, since the I-130 had already been approved.

There is some speculation that the I-130 processing must be sped up so that it can be "bundled with" the I-129F (and the I-129F "obsoleted"), but you are already beyond that stage.

[nomadnoor 29]

Hi Texan!

Its too late in the visa process to switch to the K-3 as the I- 130 has been approved. If you have sent the 1-130 and the K-3 application in at the same time it would have depended on which got approved faster - the K-3 or the I-130 and depending on which was approved first - the other case would close.

The NVC is currently dealing with huge delays due to USCIS finally getting their butts in gear and meeting their target goal on each case getting approved or denied in 5 months. However it appears as if the NVC hasn't hired more staff or prepared for the sudden increased work load.

Most IR-1 visa processes depending on the consulate take between a year and 18 months.

Any paperwork you submit they have to reply to within 30 BUSINESS DAYS - so its long but each packet should take about a month and a half to get a response from them - so again - get your paperwork together now!

You can also email the NVC at nvcinquiry@state.gov

Type your USCIS or NVC case number in the subject line and ask about only one case per email.

Email them and request the following -

Your Benefitary ID #

Your NVC Case ID #

Your Invoice ID#

Remember to put your name, your wifes name and both of your date of birth's - and indicate which is the petitioner and which is the benefitary.

With these three things you can then prepare your AOS, DS3032 (paper none electronic version) start sending in your packets without having to have a barcode. You will also be able to make payments online. Then NVC will be playing catch up - and you will just wait for them to unlock online the DS260 /DS261.

I hope this helps.

[Darnell 8,478]

why not just handle yer business at NVC, instead? if you study the prior monthly NVC topics, say June and May 2014, you'll get a decent idea of the speed or sloth at NVC ...

Don't forget - use EP for Guangzhou at NVC - shaves off 2 to 5 months of wait time after case complete timetick.