K3 visa inquiry (split thread)

[Kallen 0]

Now that's confusing... If you are filing the Form I-130, Petition for Alien Relative, you would be going for a IR-1 or CR-1 visa. K-1 visas use Form I-129F, Petition for Alien Fiance.

You'd check "B - Status as Permanent Resident" if filing I-130, or "C: Other", and specify "I-129F" if filing for a K-1 visa using form I-129F.

Ok so I'm just starting the paper work the lady from immigration I spoke to on the phone told me to do the I-130 paperwork to get started for my green card ... Then because I have an American daughter and husband while that is being processed i qualify for K1 visa were I can travel back and forth while my I-130 an then my I-129F are being processed ... So with the I-130 package we need to send in the g325 .... An then I guess i do it again with the I-129f

So for my g325a for the I-130 package I'd chose B .. Status as permanent resident

My husband (the pititioner) would chose C...other in support of spouses I-130

Is this correct? This is soooo confusing lol

Then when we get to the point where we file the I-129f I would then mark it C and specify the I-129F

[KayDeeCee 4,893]

Ok so I'm just starting the paper work the lady from immigration I spoke to on the phone told me to do the I-130 paperwork to get started for my green card ... Then because I have an American daughter and husband while that is being processed i qualify for K1 visa were I can travel back and forth while my I-130 an then my I-129F are being processed ... So with the I-130 package we need to send in the g325 .... An then I guess i do it again with the I-129f

So for my g325a for the I-130 package I'd chose B .. Status as permanent resident

My husband (the pititioner) would chose C...other in support of spouses I-130

Is this correct? This is soooo confusing lol

Then when we get to the point where we file the I-129f I would then mark it C and specify the I-129F

You have a husband. You will NOT file for a K-1 visa. A K-1 visa is for an UNmarried fiance(e) of a USC.

Are you currently in the US or in Canada? The process is different depending on where you currently are. If abroad, you need to follow the process for a spousal visa > http://www.visajourney.com/content/i130guide1

If in the US, then you can stay and file the I-130 and I-485 at the same time > http://www.visajourney.com/content/i130guide2

A K-1 is not an option for you at all.

[Kallen 0]

You have a husband. You will NOT file for a K-1 visa. A K-1 visa is for an UNmarried fiance(e) of a USC.

Are you currently in the US or in Canada? The process is different depending on where you currently are. If abroad, you need to follow the process for a spousal visa > http://www.visajourney.com/content/i130guide1

If in the US, then you can stay and file the I-130 and I-485 at the same time > http://www.visajourney.com/content/i130guide2

A K-1 is not an option for you at all.

Hey kaydeecee! Thank u so much for making me look twice at what I was wirting we are going for the k3 visa not the k1 I think I've been doing so much reading today I just got mixed up!!!

[JFH 12,190]

Th K-3 visa is effectively obsolete. You can send the form for that but you are unlikely to get it because the CR-1 application will close out the K-3.

The advice you gave that the K-3 "allows you to go back and forth during the process" is not correct. The K-3 allows you to remain in the US while the visa is being processed but you are not able to work or travel immediately like you can with a CR-1. Also you cannot travel out of the USA for some time.

During the CR-1 process you can go back and forth between the USA and Canada using the normal visitor procedure. No need for any special visa to visit during the process.

[KayDeeCee 4,893]

They can travel using a K-3 visa. It is not a one-time entry visa like the K-1 is. However, they most likely will not receive a K-3 anyway.

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

[htfaust 131]

Yeah, a K-3 visa would allow travel back and forth, but the catch is it takes longer to be issued than for the green card to arrive, so it's pretty pointless.

Are you inside the US? If so, you'd file Form I-485 too. In that case, include a Form I-131, Application for Travel Document, and a Form I-765, Application for Employment Authorization, if you wish to work while your adjustment of status is pending, with your package. Both of these forms are free if filled with I-485.

DO NOT leave the US until you have your Advance Parole document (requested on the I-131) in hand, as that would instaltly make your application to adjust status be considered abandoned.

See the guides:

http://www.visajourney.com/content/i130guide1 (spouse outside the US)

http://www.visajourney.com/content/i130guide2 (spouse inside the US)

[NikLR 13,228]

Ok so I'm just starting the paper work the lady from immigration I spoke to on the phone told me to do the I-130 paperwork to get started for my green card ... Then because I have an American daughter and husband while that is being processed i qualify for K1 visa were I can travel back and forth while my I-130 an then my I-129F are being processed ... So with the I-130 package we need to send in the g325 .... An then I guess i do it again with the I-129f

So for my g325a for the I-130 package I'd chose B .. Status as permanent resident

My husband (the pititioner) would chose C...other in support of spouses I-130

Is this correct? This is soooo confusing lol

Then when we get to the point where we file the I-129f I would then mark it C and specify the I-129F

Please fix your profile to say IR1/CR1

Forget about the K3. Last time someone got a K3 out of Canada was over a year ago through Vancouver, who this month will no longer be doing any interviews.

Montreal has historically closed the K3 route on hand because there was an approved I-130 at the NVC.

How the K3 works is you send the I-130, then you send the I-129F after you get the NOA1. It takes your I-130 out of the line and put it at the back with the I-129F. (The only time this is helpful is when your I-130 has been sitting at the USCIS for a long time, like 8+ months.) It is USCIS policy to adjudicate both petitions together. When they're approved they're both sent to the NVC. It's NVC policy to close the I-129F if there is an approved I-130 that arrives at the same time or earlier than the I-129F. So you're essentially filling out more paperwork for a .03% chance at a visa that's inferior to another one. It's a waste of time and effort unless, like I said, the I-130 has been waiting a long time at the USCIS.

The USCIS likes you to file the I-129F because, in the off chance that it makes it through, then you have to adjust your status, which gives them $1070. The K3 costs almost twice as much in the end as the IR1/CR1 and takes almost twice as long to get your green card.

For the G-325A for both: OTHER: Form I-130.

[Kallen 0]

Please fix your profile to say IR1/CR1

Forget about the K3. Last time someone got a K3 out of Canada was over a year ago through Vancouver, who this month will no longer be doing any interviews.

Montreal has historically closed the K3 route on hand because there was an approved I-130 at the NVC.

How the K3 works is you send the I-130, then you send the I-129F after you get the NOA1. It takes your I-130 out of the line and put it at the back with the I-129F. (The only time this is helpful is when your I-130 has been sitting at the USCIS for a long time, like 8+ months.) It is USCIS policy to adjudicate both petitions together. When they're approved they're both sent to the NVC. It's NVC policy to close the I-129F if there is an approved I-130 that arrives at the same time or earlier than the I-129F. So you're essentially filling out more paperwork for a .03% chance at a visa that's inferior to another one. It's a waste of time and effort unless, like I said, the I-130 has been waiting a long time at the USCIS.

The USCIS likes you to file the I-129F because, in the off chance that it makes it through, then you have to adjust your status, which gives them $1070. The K3 costs almost twice as much in the end as the IR1/CR1 and takes almost twice as long to get your green card.

For the G-325A for both: OTHER: Form I-130.

Wow very informative thank you!! So basically immigration 1800 # just tells u the option that will get them the most money lol

So I am currently in Calgary in Canada an have been married for over 2 years so I will be filing for the IR1... How long does this process normally take? since Vancouver isn't doing interviews any more does this mean I fly to Montreal? Or does the Calgary embassy do anything? I feel like all the information I had is totally wrong ... Really appreciate ur info!

[Ryan H 3,818]

Wow very informative thank you!! So basically immigration 1800 # just tells u the option that will get them the most money lol

So I am currently in Calgary in Canada an have been married for over 2 years so I will be filing for the IR1... How long does this process normally take? since Vancouver isn't doing interviews any more does this mean I fly to Montreal? Or does the Calgary embassy do anything? I feel like all the information I had is totally wrong ... Really appreciate ur info!

Plan on 10-12 months from the time an I-130 is filed to the time an interview takes place and count your blessings if it takes less than that. For the interview, you will have to go to Montreal; that is the only location that does interviews for spousal and fiance visa interviews.

[NikLR 13,228]

The consulate in Montreal is now the only place to go for an immigrant visa.

We call the USCIS call center the "misinformation line" on VJ.