k3 spouse visa or spouse visa??!?! need advice asap!

[JCV 5]

hi guys, so my i130 got sent a month ago, me and my husband hired a lawyer and she told us that now she understands our situation (i graduate in may) that it would be faster for us to apply for the k3 visa and i do the interview in usa. After researching people are saying that k3 for spouse visa is not a good idea! originally we were applying for the spouse visa.

She said although i won't have the green card and be able to work, i will be able to wait it out with my husband which is what we really want!

Any advice on if it enables me to be back with my husband faster, or if the spousal visa is the same time/faster? I understand i won't have the green card faster but all we want is to be together

Thanks!!!

[Boiler 46,415]

There is no harm trying but K3 usually takes the same time so is administratively closed.

[Darnell 8,479]

graduate in may from where? exactly, where?

[JCV 5]

graduate in may from where? exactly, where?

in England, is it true that k3 for spouse is only available in certain countries? I wonder why my lawyer recommended this is everyone says it takes longer to the same amount of time!?

[Frips 166]

Interview for K3 is scheduled in beneficiary's country and not in USA.

After K3 visa is approved and you entered in USA you have to file AOS.

[Darnell 8,479]

no. in fact, the K-3 visa, although 'listed' as chasable with USCIS website,

will actually get shut down, and the I-129F petition administratively closed at NVC.

so, I suggest, you ditch this lawyer, as he/she is quoting stuff from 2003, and not 2009.

What happened, in 2009?

USCIS got really efficient, FBI got really efficient, and the delay in processing I-130s vanished.

That's 6 years of efficient processing with USCIS and the FBI. Why is that important?

The basis of being allowed to chase after a K-3 visa, an unapproved I-130 in the pipe, vanished,

as

since 2009, USCIS will approve an I-130 and I-129F together, then NVC will see both , and administratively close the approved I-129F since the approved I-130 exists.

Sorry.

You've got an ignorant lawyer seeking to make money on fees for filling out forms.

[Frips 166]

True!

[JCV 5]

no way! i am bit worried as she has processed our i130 so it is a little late to change our lawyer, we have had some other issues with her also

So, the k3 visa literally wouldn't even work and we would have been spending even longer apart?

no. in fact, the K-3 visa, although 'listed' as chasable with USCIS website,

will actually get shut down, and the I-129F petition administratively closed at NVC.

so, I suggest, you ditch this lawyer, as he/she is quoting stuff from 2003, and not 2009.

What happened, in 2009?

USCIS got really efficient, FBI got really efficient, and the delay in processing I-130s vanished.

That's 6 years of efficient processing with USCIS and the FBI. Why is that important?

The basis of being allowed to chase after a K-3 visa, an unapproved I-130 in the pipe, vanished,

as

since 2009, USCIS will approve an I-130 and I-129F together, then NVC will see both , and administratively close the approved I-129F since the approved I-130 exists.

Sorry.

You've got an ignorant lawyer seeking to make money on fees for filling out forms.

[Frips 166]

There is a little chance for K3 to be processed....

Time frame? Same as is for CR1 these days.....

Al together about a year.

If you want try you can file petition for K3. It is free! Just need NOA1 from I-130 and form I-129f.

But in my opinion...forget it...wait for CR1.

[JCV 5]

There is a little chance for K3 to be processed....

Time frame? Same as is for CR1 these days.....

Al together about a year.

If you want try you can file petition for K3. It is free! Just need NOA1 from I-130 and form I-129f.

But in my opinion...forget it...wait for CR1.

is it possible to apply for both k3 and cr1? will they just process which ever one comes first, or can it cause an issue?!

[Darnell 8,479]

1. no way!

2. i am bit worried as she has processed our i130 so it is a little late to change our lawyer,

3. we have had some other issues with her also

4. So, the k3 visa literally wouldn't even work and we would have been spending even longer apart?

1. way. Deal with it. Sorry to be harsh, but it is what it is.

2. i'd be worried also. for a lawyer to suggest that a K-3 visa is a viable option, is so wrong on so many levels. I'd be worried about what other shennaigans she's doing with your casefile and other clients.

3. well, there ya go.

4. exactly. in fact, if you submit an I-129F after the I-130 receipt notice is received, it actually delays the casefile processing time on the I-130, as the I-130 is pulled OUT of it's place in the waiting queue, bundled up with the I-129F, and put at the END of the queue, a new day 0 for you. Which, of course, sucks monkeys balls...

FWIW, the 'wait it out' period that is mentioned with the K-3, is after the K-3 is issued. You come to the USA on the K-3, with an I-94 validity of duration for 2 years, and apply for AOS, a green card. can't get a SSN, can't work, can't participate in USA society because you have no status without the green card (or EAD).

What's next? for your homework, I ask that you get on a PC, spend the next 4 hours reading through the K-3 sub-forum here, at least the last 700 topics there.

Yes, I ask that of you, as I want you to become fully jaded, and increase your levels of ire and anger with that lawyer.

[Frips 166]

Yeap, take your time and read VJ forum, wiki, guides,....There You can find all the information you are looking for about K3 and CR1.

Good luck at your visa journey!

Edited February 3, 2015 by Frips

[JCV 5]

Yeah, i knew it was not an option but then my husband spoke on the phone to her and she explained this.

would it be ok to fire her after i130 is received, without slowing anything down

1. way. Deal with it. Sorry to be harsh, but it is what it is.

2. i'd be worried also. for a lawyer to suggest that a K-3 visa is a viable option, is so wrong on so many levels. I'd be worried about what other shennaigans she's doing with your casefile and other clients.

3. well, there ya go.

4. exactly. in fact, if you submit an I-129F after the I-130 receipt notice is received, it actually delays the casefile processing time on the I-130, as the I-130 is pulled OUT of it's place in the waiting queue, bundled up with the I-129F, and put at the END of the queue, a new day 0 for you. Which, of course, sucks monkeys balls...

FWIW, the 'wait it out' period that is mentioned with the K-3, is after the K-3 is issued. You come to the USA on the K-3, with an I-94 validity of duration for 2 years, and apply for AOS, a green card. can't get a SSN, can't work, can't participate in USA society because you have no status without the green card (or EAD).

What's next? for your homework, I ask that you get on a PC, spend the next 4 hours reading through the K-3 sub-forum here, at least the last 700 topics there.

Yes, I ask that of you, as I want you to become fully jaded, and increase your levels of ire and anger with that lawyer.

[Darnell 8,479]

is it ok if i answer you after you've done the homework i've described?

[LoveMyTico 999]

get a new lawyer, shame on him for not knowing how the I-130 and K3 work.