K3 vs. Traditional I-130 (is the K3 worth it?)

[Jon 0]

Hi All,

My wife is Bolivian, and we were married in Bolivia in December 2005. I returned to the U.S. in January to put my life on hold, and hire an immigration lawyer to handle everything so that I could return to Bolivia to be with her until her visa is processed. I have been in Bolivia since January 28, 2006...

The lawyer has only filed the I-130, and later he will file the I-601 to waive a tourist visa overstay she had in 2003.

I asked him about filing the K3/I-129F, and he said it was unnecessary.

Is it?

I can only think that he advised this because of the I-601/ Excludability Waiver situation (otherwise we're goingto end up waiting an extra 2-3 months for no reason). Anyone see any reason why I should NOT submit the I-129F/K3 in the meantime? We would love to return to the U.S. as soon as possible.

Many thanks and appreciation,

Jon

[scy 0]

Hi All,

My wife is Bolivian, and we were married in Bolivia in December 2005. I returned to the U.S. in January to put my life on hold, and hire an immigration lawyer to handle everything so that I could return to Bolivia to be with her until her visa is processed. I have been in Bolivia since January 28, 2006...

The lawyer has only filed the I-130, and later he will file the I-601 to waive a tourist visa overstay she had in 2003.

I asked him about filing the K3/I-129F, and he said it was unnecessary.

Is it?

I can only think that he advised this because of the I-601/ Excludability Waiver situation (otherwise we're goingto end up waiting an extra 2-3 months for no reason). Anyone see any reason why I should NOT submit the I-129F/K3 in the meantime? We would love to return to the U.S. as soon as possible.

Many thanks and appreciation,

Jon

The I-601 is filed after your wife is denied a visa. You should prepare it beforehand because your wife will be denied on grounds of overstay and working without permissions. Your wife will need an I-601 regardless of which visa she applies for, CR-1 or K-3.

I think that you should file the K-3. It will get your wife to the US quicker. I think the reason your attorney said the K-3 is unnecessary is because he doesn't want to do more work. You never know how long the I-130 will take to process, and having the K-3 as a backup is a very good idea.

Take a look at my case. I filed the I-130 seven months ago and it still hasn't been approved. Meanwhile the I-129F was approved in 1 month and my wife received her K-3 visa a week ago. Each case is different, and each service center is different. If cost isn't a concern, then file the K-3.

Edited March 11, 2006 by scy

[aussiewench 9]

On the flip side.......We had intended to file the I-129F for the K-3 visa but our I-130 was approved in 42 days, so we stuck with the CR-1. We were through Vermont. I may be wrong in my thinking here.....but considering you have to file a I-601 which will take time to be reviewed and granted.....I would file the I-129F. By the time it is granted (after the initial denial at interview), the I-130 could very well be at consulate. Someone correct me if I'm wrong, but wouldnt the OP's wife then be processed for the CR-1 visa??? Cover your bases.....you never can tell what can happen.....and time frames can change dramatically very quickly during this process.

Lorelle

[scroll 0]

On the flip side.......We had intended to file the I-129F for the K-3 visa but our I-130 was approved in 42 days, so we stuck with the CR-1. We were through Vermont. I may be wrong in my thinking here.....but considering you have to file a I-601 which will take time to be reviewed and granted.....I would file the I-129F. By the time it is granted (after the initial denial at interview), the I-130 could very well be at consulate. Someone correct me if I'm wrong, but wouldnt the OP's wife then be processed for the CR-1 visa??? Cover your bases.....you never can tell what can happen.....and time frames can change dramatically very quickly during this process.

Lorelle

Lorelle is absolutely right. Many people on I2US who will need to file the I-601 for waiver approval are going this route.

Our lawyer was not aware of being able to switch to the I-130 while the I-601 was being processed under the I-129. When I mentioned to her that others on the site were doing it, she checked and agreed that it was the way to go. So we will pursue whichever one gets approved quickest to get to the interview, to file the I-601. Presumably the I-130 takes longer and that approval will come during the I-601 process (4 to 6 months). You need to cover all of your bases and filing both the I-129 and the I-130 makes the most sense.

[classic 0]

Take a look at my timeline. My K3 back-up idea turned out to be a very wise one. Here are a few things I have learned:

1. the K visa process has fewer steps than IR, so the chances of delays (like an RFE in any step) are fewer.

2. after the IR case completion at NVC, there will still be a waiting period before the interview schedule- variable between cases and consulates (a month to 6 months), probably the worst wait in the IR process

3. anything can happen to your petition (IR or K), like getting lost or just simply "disappearing" with the immigration folks not being able to give you any explanation other than "wait for a few weeks or months", so, like scy said, it would be wise to have a back-up. You may want to weigh the additional cost vs the time you will be together sooner- will it be worth it? (My answer: as the months roll by, the more I am convinced that the additional cost is worth it!)

Edited March 11, 2006 by classic

[scroll 0]

Take a look at my timeline. My K3 back-up idea turned out to be a very wise one. Here are a few things I have learned:

1. the K visa process has fewer steps than IR, so the chances of delays (like an RFE in any step) are fewer.

2. after the IR case completion at NVC, there will still be a waiting period before the interview schedule- variable between cases and consulates (a month to 6 months), probably the worst wait in the IR process

3. anything can happen to your petition (IR or K), like getting lost or just simply "disappearing" with the immigration folks not being able to give you any explanation other than "wait for a few weeks or months", so, like scy said, it would be wise to have a back-up. You may want to weigh the additional cost vs the time you will be together sooner- will it be worth it? (My answer: as the months roll by, the more I am convinced that the additional cost is worth it!)

Classic, so agree!! You make very good points. As it see it there is no downside to filing for the K-3 in addition to the IR-1, Cr-1.

[classic 0]

one more thing:

4. don't procrastinate on filing your K3. If you wait until your patience runs out with waiting on the I-130, you will be in a bigger dilemma: "Isn't it too late to file for a K3?"- a familiar question I have seen posted a few times in VJ and other fora.

[meddykomp 0]

Whether or not K-3 is worth it is dependant on what you consider worth it. I know that it is possible we will get our I-130 approved first. For us, it was worth the money we spent for the possibility of being together sooner.

[MrsBruce5 0]

Hello...

The caveat to the K3 getting approved first is that AP must be granted in order to travel, EAD must be granted before she can work.

We chose the CR1 solely on this basis, rather than the K3 because of our circumstances. Of course, everyone's circumstances are different, but have a look here:

http://www.visajourney.com/forums/index.ph...om&page=compare

Because of your specific circumstances, I would think that the K3 may be a better option for you.

Good luck in your journey !

-Rose

[pbgirl 1]

Hello...

The caveat to the K3 getting approved first is that AP must be granted in order to travel, EAD must be granted before she can work.

Actually, the K3 visa does not require filing advance parole paperwork in order to travel. It is a multiple entry visa that is good for two years.

[MaryandMian 1]

I think first off you need to start the paperwork on the I-601 for the overstay.

In our case we filed the K3 and CR1 paperwork. My paperwork was approved very quickly but the embassy we are going thru held us up. If the K3 and CR1 get to the embassy at the same time too the K3 is automatically cancelled. This is what happened to us. So whatever you decide just be aware that if both get to the embassy at the same time the K3 becomes null and void and in both cases you will still need the waiver. Good luck.

I-130 approved in 56 days in our case.

Mary

[MrsBruce5 0]

Hello...

The caveat to the K3 getting approved first is that AP must be granted in order to travel, EAD must be granted before she can work.

Actually, the K3 visa does not require filing advance parole paperwork in order to travel. It is a multiple entry visa that is good for two years.

Hi PB-I didn't know that-I apologize for passing along wrong info. I was going by what an attorney told me during a consult. Quite possibly I misunderstood her.

Apologies to the original poster...

-Rose