So is going for K-3 pointless?

[Ed and Gina 45]

Live in Queensland Australia

My visa is a one time thing, but I could hop over to New Zealand and come back on a tourist visa if needed. Or, if it seems to have gone quickly, could just move back to the States for a couple months before him. Awesome that you got the K3!

At the moment...processing at USCIS seems to be moving along - depends on which service center your petition ends up. The backlog now is at NVC. Hopefully, by the time that your petition reaches NVC they will be done with the backlog and the computer systems will be fully operational. Figure a year for whole process for a CR1. If you can spend most of that time with your hubby...it won't be so agonizing. As you will see while perusing VJ, it's an arduous and oft'times frustrating process! As I mentioned before - you can try for the K3...just be prepared for both the I129F and the I130 to hit NVC at the same time - thereby closing the K3 file. Even if only a few days apart. Even if the K3 gets to the Embassy...if there is an approved I130, the K3 will be dead on arrival. Roughly, if successful, a K3 will take 8 - 9 months. The additional 3 months to get a Green Card upon arrival to the US is well worth the additional wait time - if your husband wishes to work in the US. He may have his own international business or be independently wealthy??? Ok...maybe not. Anyway...best of luck to you and yours!

[NikLR 13,228]

Why the heck did I think you were from Canada... LOL!!! Brain must be mush!

No don't bother with the K3.

[andlolosays 11]

At the moment...processing at USCIS seems to be moving along - depends on which service center your petition ends up. The backlog now is at NVC. Hopefully, by the time that your petition reaches NVC they will be done with the backlog and the computer systems will be fully operational. Figure a year for whole process for a CR1. If you can spend most of that time with your hubby...it won't be so agonizing. As you will see while perusing VJ, it's an arduous and oft'times frustrating process! As I mentioned before - you can try for the K3...just be prepared for both the I129F and the I130 to hit NVC at the same time - thereby closing the K3 file. Even if only a few days apart. Even if the K3 gets to the Embassy...if there is an approved I130, the K3 will be dead on arrival. Roughly, if successful, a K3 will take 8 - 9 months. The additional 3 months to get a Green Card upon arrival to the US is well worth the additional wait time - if your husband wishes to work in the US. He may have his own international business or be independently wealthy??? Ok...maybe not. Anyway...best of luck to you and yours!

I can imagine that it's frustrating...but worth it in the end Ya, he's the kind of guy that will get restless not working. The company he works for here in Australia though does want him to open a branch in the US. Does that count as an international business?

Why the heck did I think you were from Canada... LOL!!! Brain must be mush!

No don't bother with the K3.

Haha I'm not sure. From Indiana originally and that's where we'll go back to. Just living in Aus now with hub and his fam.

[Ed and Gina 45]

I can imagine that it's frustrating...but worth it in the end Ya, he's the kind of guy that will get restless not working. The company he works for here in Australia though does want him to open a branch in the US. Does that count as an international business?

Haha I'm not sure. From Indiana originally and that's where we'll go back to. Just living in Aus now with hub and his fam.

That's an interesting question. Depends. They would have to open a location in the US...and put in a petition to sponsor him to work here...might want to look into that. In that capacity, he might have a better chance of getting to the US sooner!!! Not sure...but, it is worth looking into!

[NikLR 13,228]

He would need a dual intent visa. Not all work visas are dual intent. Really with the auto expedite that may happen USCIS stage may only take a month, if you are sent to CSC.

[Hypnos 6,577]

I can't think of any employment visas that aren't dual intent off the top of my head. L-1 is, as is H-1B.

Maybe TN, but that's only for Canadians, so isn't relevant here.

Edited August 12, 2014 by Hypnos

[andlolosays 11]

He would need a dual intent visa. Not all work visas are dual intent. Really with the auto expedite that may happen USCIS stage may only take a month, if you are sent to CSC.

Can you expound on the whole last sentence? Not exactly sure what you mean...

[NikLR 13,228]

for a work visa, vs spousal. If he wanted to become an LPR he would need a visa that also allows for that like an H1B visa.

Also there is an unofficial auto expedite if both spouses live abroad and if the petition is sent to the California Service Center (vs a different one.) Some people have gotten through in 3-6 weeks vs 6 months.

[andlolosays 11]

for a work visa, vs spousal. If he wanted to become an LPR he would need a visa that also allows for that like an H1B visa.

Also there is an unofficial auto expedite if both spouses live abroad and if the petition is sent to the California Service Center (vs a different one.) Some people have gotten through in 3-6 weeks vs 6 months.

oooo that sounds magical Do you know if there is a way to request sending to CSC? That's just for the regular CR-1 you're talking about with that? And is that after the 5 months in the USCIS? Sorry, done a lot of research, but no research is enough to know everything with these things I'm finding haha

[Hypnos 6,577]

The service centre your petition is sent to is determined by the petitioner's state of residence; you cannot request a particular service centre just because.

The auto-expedite is hit and miss; sometimes it happens and sometimes it doesn't, and there seems to be no rhyme or reason to it. It's certainly not an official policy that's documented anywhere by USCIS.

[nomadnoor 29]

I applied for the K-3 with my I 130 and it never went anywhere. After 6.5 months of waiting our I-130 was approved in March 2014 and now we are stuck at NVC with the new 60 +/- day waiting period.

God willing we will get a case closed soon. So just be prepared for the process to slow down once your case gets to the NVC as they haven't hired more staff to deal with the increased case influx from USCIS.

[imegyptchun 1]

For those who are contemplating or have filed the k3 visa it DOES exist. My wife just interviewed at the consulate today and I am thrilled to say it has been approved! I have been stuck at NVC with the I-130 since June and I was preparing myself for the bad news that the consulate would tell her at the interview that the K-3 was no longer valid, however, they went ahead and approved it today.

Do not give up hope and don't believe when people say it doe not exist. It doesn't hurt to pursue it and in some cases like mine it actually works.

Good luck to all of you.

[Hypnos 6,577]

K-3s exist; they are just incredibly rare, like black Republicans.

I also wouldn't count on anything until it's in your wife's hands.

Edited August 18, 2014 by Hypnos

[imegyptchun 1]

Just an update. Wife's K3 visa in hand, so for those who say it is non existent, I have proof that it does in fact exist.

It is probably very rare to get K3 visas anymore, but there are some ppl who do indeed get them.

[andlolosays 11]

Just an update. Wife's K3 visa in hand, so for those who say it is non existent, I have proof that it does in fact exist.

It is probably very rare to get K3 visas anymore, but there are some ppl who do indeed get them.

Congrats!!!