K3 Spouse visa help needed

[aaron2020 11,651]

You missed the point. If the baby is born in Aus - socialized medicine means no out of pocket costs. Not necessarily true in the US. My post was not directed towards the citizenship of the baby

My reply about dual ciutiuzenship was not a reply to your post. It was a reply to another poster. If you noticed, my reply quoted Ian H's post. Ian H. started this by stating she can give birth in the US that it would be cool to have more than one nationality. He did not mention socialize medicine and suggested she can give birth in the US.

So, how did I miss the point about socialize medicine when I was replying to Ian and not you?

Edited September 11, 2014 by aaron2020

[belinda63 3,039]

Op hasn't been back, probably because of the time difference.

The legal way to proceed is to file for the CR-1 which will not get her a visa prior to the birth of the child. One of two things can happen. You can go to her for the birth or she can come to you. Either way it will be on the VWP. Don't expect it to be easy if she comes here as it will be virtually impossible to get the child a passport prior to the 90 days expiring. She will have to come prior to 36 weeks (some airlines earlier), give birth which is always iffy on the date, obtain all the paperwork for the passport (birth certificate which could take days or weeks), then apply for and receive the passport. Unless Dad wants to play single parent for a while (kind of hard if she breast feeds). Also the costs of giving birth is outrageous and since she would be a tourist she won't be able to get insurance. Unless you happened to add her to your insurance when you married you are out of luck there.

[cocolucho 35]

Aloha, I am a United States citizen. I am on holiday visiting my wife who lives here in Australia. (She is a New Zealand citizen). We recently found out that she is 10 weeks pregnant and we want to have her move to the US to stay permanently before baby is due (in April), and I was just wondering what is the best and quickest way to do so. Thanks!

I know some people here at VJ are discouraging you to file an I-129F petition for your spouse for a K3/K4 visa, if I would have listened to them and done that I would not be in the place I am right now.

My wife and daughter just received their K3 and K4 visas and will be joining me soon. I can be exception to the rule many will say, but if I did not file I would still be waiting for my I-130 to be approved or stuck at NVC like many other filers. Filing the I-129F does not cost anything to file, just time to file and maybe $8 dollars express mail it with return receipt. If she enters on a K3 she will have to adjust status and spend an additional $1070 (given that your child will be a US citizen once is born and will get a US passport).

If I was you I would file both petitions if you can afford the extra cost if she enters the US on a K3 visa and if timing is an issue I think the extra money is well worth it.

Good luck in your journey and wishing you the best!!!!

K3 visa isn't a viable path because it is taking about the same time as the IR1 process. It's much more likely that you will receive the IR1 visa. In either case the baby would be born before before any visa could be issued because of the length of the wait. You are a USC and your child will be one upon birth so that's not something you have to worry about. As for your wife, since you are already married you have to start by filing form I-130. Here is a link with the process:

http://www.visajourney.com/content/i130guide1

[NikLR 13,228]

cocolucho.. you are part of the 0.3% (or was it 0.03%) have have gotten a K3. Rather like a Unicorn. Granted it is more common this year than it was last year, but that is to say it may be .3% this year and 0.03% last year.

[Tavotevi 9]

I know some people here at VJ are discouraging you to file an I-129F petition for your spouse for a K3/K4 visa, if I would have listened to them and done that I would not be in the place I am right now.

My wife and daughter just received their K3 and K4 visas and will be joining me soon. I can be exception to the rule many will say, but if I did not file I would still be waiting for my I-130 to be approved or stuck at NVC like many other filers. Filing the I-129F does not cost anything to file, just time to file and maybe $8 dollars express mail it with return receipt. If she enters on a K3 she will have to adjust status and spend an additional $1070 (given that your child will be a US citizen once is born and will get a US passport).

If I was you I would file both petitions if you can afford the extra cost if she enters the US on a K3 visa and if timing is an issue I think the extra money is well worth it.

Good luck in your journey and wishing you the best!!!!

Congrats!! Theres a small percent that get a k3, and someones gotta be it right so it doesnt hurt to try!! I hope im one of the chosen ones too lol

[Karee 4,190]

cocolucho.. you are part of the 0.3% (or was it 0.03%) have have gotten a K3. Rather like a Unicorn. Granted it is more common this year than it was last year, but that is to say it may be .3% this year and 0.03% last year.

Exactly. I definitely wouldn't go making any plans based on obtaining a K-3, because the chances are slim to none. I personally wish they'd just do away with it. There's always an outlier that is granted a K-3 and it makes people think it's still a valid option, when in 99+ % of the cases, it is not.

[Ian H. 207]

Well they won't get rid of it because the K3 was useful when the i129f was being processed fast. There may come a day when they will be again, that is when USCIS starts clearing their backlogs. It may not happen anytime soon, but it may happen.

[cocolucho 35]

Congrats!! Theres a small percent that get a k3, and someones gotta be it right so it doesnt hurt to try!! I hope im one of the chosen ones too lol

Yeah, it never hurts to try. You never know, I did not think I would get it and I am happy I did :-)

Exactly. I definitely wouldn't go making any plans based on obtaining a K-3, because the chances are slim to none. I personally wish they'd just do away with it. There's always an outlier that is granted a K-3 and it makes people think it's still a valid option, when in 99+ % of the cases, it is not.

Well, if it wasn't a valid option available it would not exist, right? I would not have received one, correct?. Well, I did. Even if it is a 0.00000000001 percent who gets it, well let the applicants decide if they want to pursuit it or not. All I am saying is telling people not to do it is not right just because the majority do not get it. Not to say that they will get it, but it they get chosen let them decide their own path. VJ is a support group and we should not discourage people of using all valid and legal means to get their loves ones here even if it is a slim chance. If the OP files and gets chosen, would not that have helped him with his problem and bring his love one sooner? I am not saying they should make plans based on it either, just to understand it is still an option. If you personally believe it should disapear, well that is your believe and just because you did not get chosen you should not let other people have it as an option even if it is slim. I took my chances and it paid off.

, on 11 Sept 2014 - 6:32 PM, said:

cocolucho.. you are part of the 0.3% (or was it 0.03%) have have gotten a K3. Rather like a Unicorn. Granted it is more common this year than it was last year, but that is to say it may be .3% this year and 0.03% last year.

Yeah, I feel very special :-) lol

[LiliBurd 85]

I'm still confused as to what a K3 visa is ?!?

I'M not sure about New Zealand but for Canadian born citizens, no matter where we give birth our children can obtain Canadian Citizenship. All I know is I would want my spouse to be there... Good luck to the op

Edited September 12, 2014 by LiliBurd

[Austyn 0]

Aloha,I am a US citizen. I am on holiday in Australia visiting my wife. We recently found out that she is 10 weeks pregnant. We want to bring my wife back to Hawaii to love with me before baby arrives in April. Any one know the best and fastest way to do this? Thank you!

[Ian H. 207]

A K3 visa is a nonimmigrant visa which allows the spouse of USC to travel to the US and adjust status here, rather than waiting for an immigrant visa abroad. It was convenient back when the processing times for the I-129F were much faster than the I-130. Some people had their petitions approved in as little as one month. Nowadays with the huge backlogs, the K3's are becoming virtually obsolete.

I'm still confused as to what a K3 visa is ?!?

I'M not sure about New Zealand but for Canadian born citizens, no matter where we give birth our children can obtain Canadian Citizenship. All I know is I would want my spouse to be there... Good luck to the op

[aaron2020 11,651]

You do not need to restart your thread. Continue with the thread where you got two pages of help asking the exact same question.

http://www.visajourney.com/forums/topic/513936-k3-spouse-visa-help-needed/#entry7235723

[Ian H. 207]

You can't start a new thread if you already have perfectly valid answers in your other thread, especially if it's the same exact question.

[raven52 233]

It sounds like you need to make plans, for your baby where your wife is now.

But, start about thinking what to do, "after" the birth"..,..,.about bringing them to the USA..,.,.,to me that would be my biggest concern.

These "moderators" are very knowledgable, and I give credit to them.,.,.,.,.,but..,.,.,.I just see it too many times.,.,...,one looking for something to correct, or talk down to you.,.,.,.,and "There must be order and a strict code of conduct" on this site.,.,.,.., just an opinion!!!!!! It is "overboard" ..,.,.,."sometimes!"

[NikLR 13,228]

If you ever feel moderation or another poster is being unfair please feel free to hit the report button. Everyone does better with some constructive criticism.