K3 visa - what's the best case scenario?

[themoldy1 1]

My (American) wife is travelling to the US next week to finalise a job there, expecting to start work on 1st October.

As luck (or not) would have it, we already have tickets booked to the US for our regular summer holiday, leaving on 7th August.

Is it wildly optimistic to believe that I can get a K3 visa issued if I submit the I-130 by courier on 11th May?

Does it make any difference if we appoint a US immigration lawyer to handle the process for us?

Being a born pessimist, and having reviewed a lot of posts on this site and the K3 statistics, it seems impossible that this could happen. So I am preparing myself for actually having a worst-case scenario discussion with my wife!

Thanks

Ian

[Gorkhali 214]

Dont waste time and money with K3. CR1 / IR1 is what you want to follow

[milimelo 4,486]

You won't get a K-3 visa so don't even bother sending in I-129f. Stick with I-130 and you'll probably have a visa a year from now.

[Gorkhali 214]

i dont remember but few weeks back there was a lengthy discussion in forum about K3 and CR/IR. If you have time search for the same for details about why CR/IR is better than K3?? Also K3 takes almost same time frame as CR/IR

[Kastrs 723]

I have seen a few cases where filing the I129F (For a K3) along with the I130 (for CR1/IR1) actually delayed the processing of the visa. So firstly, I would say it is highly unlikely you would have your visa by August. The process takes a year or even slightly more. No an immigration will not speed up your case even a little, and it seems frequently can slow down your case (by sending in incomplete information and not properly communicating between USCIS ect and the petitioner). Also layers can get quite pricey. I would not call it a worse case scenario (not by far), but talking about the reality of the situation.

[Penguin_ie 5,994]

You are looking at about a year, maybe more, for a spousal visa, no matter if you get the CR-1 or are one of the very few who can get a K3.

[themoldy1 1]

Thanks for the replies; this is pretty much what I expected having reviewed the stats and other comments.

We'll go with the IR-1 as soon as my wife gets back; I've got the form, payment and contents ready to go.

Not sure how she'll react to probability it will take up to a year to get a visa, and then we have to discuss how to handle our 2 children!

Having worked in the civil service I understand the way bureaucracy works more than she does. She thinks she can get things fast tracked by paying a premium, but in this case it seems we must just trust in luck to get it through as fast as possible.

[susan. 11]

Filing from abroad you will probably get through the fast lane at USCIS, which could shorten your waiting time by several months. In our case, had we been active and submitted all of our documents and fees immediately, we would probably have gotten through this process in about 7-8 months. We're both residing abroad and our I-130 was processed in about a month. NVC has also stepped up its game and processing times are much shorter than just a few months ago. So technically, if you don't receive any RFEs or checklists along the way, I would say it's rather realistic you'd have your visa in hand by the end of this year.

[Dennis8 6]

I tried my luck with the K3 but my I-130 got approved instead (IR1-CR1). I got a NOA1 for my I-129F but after that never heard from it again. The USCIS online case status even says now that they can't provide me info on it. Just giving you insight from someone who has tried it.

[milimelo 4,486]

Thanks for the replies; this is pretty much what I expected having reviewed the stats and other comments.

We'll go with the IR-1 as soon as my wife gets back; I've got the form, payment and contents ready to go.

Not sure how she'll react to probability it will take up to a year to get a visa, and then we have to discuss how to handle our 2 children!

Having worked in the civil service I understand the way bureaucracy works more than she does. She thinks she can get things fast tracked by paying a premium, but in this case it seems we must just trust in luck to get it through as fast as possible.

There's no paying premium for faster processing in family based immigrant petitions. She'll just have to realize there's a process and timeline to be followed.

If she wants you all to move at the same time then she needs to postpone the job until you get your visa.

Remind her that bringing in a foreigner is a privilege and not a right.

[dianakarl2014 1]

We are also in the process of filing I-130 and now waiting for NOA1. We haven't gotten a mail notice either (it is worrying me) and now I'm considering if filing a I-129F for a K3 is even possible from Sweden? And if it would make the process quicker?

We both live in Sweden. Has anybody else made the step of sending I-130 and sent a I-129F for a K3 visa as soon as you get your NOA1? I only want to send a I-129F if it will make the process quicker not slow it down.

I'm so confused!

Thanks for any advise.

[Gorkhali 214]

We are also in the process of filing I-130 and now waiting for NOA1. We haven't gotten a mail notice either (it is worrying me) and now I'm considering if filing a I-129F for a K3 is even possible from Sweden? And if it would make the process quicker?

We both live in Sweden. Has anybody else made the step of sending I-130 and sent a I-129F for a K3 visa as soon as you get your NOA1? I only want to send a I-129F if it will make the process quicker not slow it down.

I'm so confused!

Thanks for any advise.

I-129F for a K3 will be automatically closed at NVC.

Your NOA1 should be on its way. You filed on 1st May .. So have patience (You can also check with your postal service to see if USCIS actually received your document) (you can also check with your bank, if the cheque you sent to USCIS was cashed. This is one more way to know about your file. If cashed then your NOA1 is on its way.)

Wait till 20th of this month and then if you still dont get NOA1 then call USCIS and ask if they received your packet. (I assume its an international post, so relax may be your NOA1 letter is on its way)

k3 aint processed anymore. In last 8 - 9 months in this forum, i have only seen 1 k3 being approved

[themoldy1 1]

We are also in the process of filing I-130 and now waiting for NOA1. We haven't gotten a mail notice either (it is worrying me) and now I'm considering if filing a I-129F for a K3 is even possible from Sweden? And if it would make the process quicker?

We both live in Sweden. Has anybody else made the step of sending I-130 and sent a I-129F for a K3 visa as soon as you get your NOA1? I only want to send a I-129F if it will make the process quicker not slow it down.

I'm so confused!

Thanks for any advise.

We're still intending to apply for a K3 even though the chances seem almost nil that it will achieve any processing. But we're still waiting for green light on my wife's US job (hopefully this afternoon). Once we get that, we are going to apply for Exceptional Filing via USE Stockholm Consular/USCIS London. If that doesn't succeed, we'll submit the I-130 and once NOA1 is received send in an I-129f.

On the stats page is says the average time to interview on K3 is 348 days (only 35 cases on record) and 410 for IR-1 (over 1,100 cases), so K3 may be faster by a month or so but as everyone has said it seems to be rarer than Willy Wonka's golden ticket!

Edited May 13, 2015 by themoldy1

[Dennis8 6]

We're still intending to apply for a K3 even though the chances seem almost nil that it will achieve any processing. But we're still waiting for green light on my wife's US job (hopefully this afternoon). Once we get that, we are going to apply for Exceptional Filing via USE Stockholm Consular/USCIS London. If that doesn't succeed, we'll submit the I-130 and once NOA1 is received send in an I-129f.

On the stats page is says the average time to interview on K3 is 348 days (only 35 cases on record) and 410 for IR-1 (over 1,100 cases), so K3 may be faster by a month or so but as everyone has said it seems to be rarer than Willy Wonka's golden ticket!

My i-129F got approved recently, but my i130 got approved first. So my i129F will get automatically closed once it reaches NVC. Doesnt hurt to try

[dianakarl2014 1]

I-129F for a K3 will be automatically closed at NVC.

Your NOA1 should be on its way. You filed on 1st May .. So have patience (You can also check with your postal service to see if USCIS actually received your document) (you can also check with your bank, if the cheque you sent to USCIS was cashed. This is one more way to know about your file. If cashed then your NOA1 is on its way.)

Wait till 20th of this month and then if you still dont get NOA1 then call USCIS and ask if they received your packet. (I assume its an international post, so relax may be your NOA1 letter is on its way)

k3 aint processed anymore. In last 8 - 9 months in this forum, i have only seen 1 k3 being approved

Thanks! I'm sure you are right... Just need to relax!

I have also as you mentioned read somethings regarding K-3 not taking longer than I-130 and that it might even prolong the process. I haven't as you mentioned seen any K-3 either in a while, and non from my country so ... that why I was wondering.

But the only source I have found that K-3 is no longer processed is this:

"The K-3 is no longer the recommended path. Improved processing times for the I-130 and the use of e-mail at the NVC stages have made the K-3 obsolete. The CR/IR-1 visa does not take longer than the K-3 anymore, costs less (no adjustment of status necessary) and provides work authorization upon arrival. For those reasons the CR/IR-1 is usually the better choice for most applicants. The future of the K-3 is currently being reviewed by USCIS and until it is abandoned officially it is not required or even recommended that you submit an I-129f or pursue the K-3."

Link: http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

Perhaps you have another source?

Anyhow on USCIS it says that if you have both sent a I-130 and an I-129F and I-130 is approved before then the I-129F just gets canceled. So it can't hurt, right!!

Link: http://travel.state.gov/content/visas/english/immigrate/types/family/spouse-citizen.html#9