K3 visa process

[geowrian 22,337]

I'm not sure how many times I have posted this recently...K-3 questions seem to come in waves.

 

Current USCIS policy is to adjudicate an I-129F for a spouse with the I-130.

Current NVC policy is that if an approved I-130 arrives before or at the same time as an approved I-129F, then the I-129F is administratively closed.

Using the 2 policies above creates a situation in which almost all K-3 processes are stopped at either USCIS (when the I-130 is approved, sometimes they deny the I-129F outright as "benefit obtained via another means") or NVC (via administratively closing it).

 

Is there a non-zero chance of getting a K-3 through? Yes. But it's like playing the lottery with a prize that may only slightly be better for some individuals (K-3 has most of the disadvantages of a K-1, including the extra fees and forms for AOS).

 

K-3 exists on the books because it was created via law and can only be removed when the law is changed or repealed. USCIS and DOS cannot remove it until then, but they can (and have) made it so it's not a viable path in almost all situations.

Edited December 9, 2017 by geowrian

[Nitas_man 3,100]

4 hours ago, mery mery said:

have you tried applying for a k3 visa?! did it work with you?! that would be nice if you could share some informations with us

We did K3 a few years ago.

 

You can file the I130 and I129F together and see what happens.  The problem is that now (unlike in the past) they are processed together and approved together and when they are forwarded to the state department to process the visa the state department administratively closes the non-immigrant visa (K3 from the I129F petition) and processes the immigrant one (CR1 from the I130 petition). 

 

Won't hurt to try though.  In our case it roughly saved a couple months but that was when I130 went to one address and I129F went to another and the I129F address processed them faster than the I130 address.

 

Now they go to the same address and get processed together.  Almost zero chance for the K3 to emerge victorious.

 

Edited December 9, 2017 by Nitas_man

[NikLR 13,228]

Since 2010 k3 has been declining.  In 2012 it was .03%. 

[Jeanne Adil 1,651]

Sorry ,  should have said immigration is trying to replace K3 with CR1 and phasing out the K3

On one of the USCIS sites i read they are not completely stopping K3 as military that are deployed can use it

but we are talking morocco here and even getting a K1 or CR 1 approved the first interview is slim

[TNJ17 1,329]

22 hours ago, missileman said:

28 weeks is not realistic.  The spousal visa is closer to 14 months.

28 weeks is not even realistic for expedited K1s! USCIS is sooooooooo slow. 

Edited December 9, 2017 by TNJ17

[NikLR 13,228]

On 12/9/2017 at 7:16 AM, adil-rafa said:

Sorry ,  should have said immigration is trying to replace K3 with CR1 and phasing out the K3

On one of the USCIS sites i read they are not completely stopping K3 as military that are deployed can use it

but we are talking morocco here and even getting a K1 or CR 1 approved the first interview is slim

No.  The CR1/IR1 has been in place longer than the K3.  The K3 was created to reduce separation times when I-130s took years to adjudicate.  Policy changes and a reduction in adjusication timelines at both the USCIS and NVC have made the chances of getting a K3 less than 1%.   Military do not have a better chance at k3 than anyone else. 

[Zoe O 3]

You want a real advice , let him find a job any where you guys can be together , till all this finish otherwise it gonna be a real nightmare !!!! I have been told 5 month by max and it’s almost a year and we still straggling with everyday new time frame ++ it’s a complete nightmare believe me ... make sure you guys to be together better than waiting apart , so painful !!!! 

[NikLR 13,228]

3 hours ago, Zoe O said:

You want a real advice , let him find a job any where you guys can be together , till all this finish otherwise it gonna be a real nightmare !!!! I have been told 5 month by max and it’s almost a year and we still straggling with everyday new time frame ++ it’s a complete nightmare believe me ... make sure you guys to be together better than waiting apart , so painful !!!! 

personal opinion.  Being apart sucks, but it's not the worst thing in the world either.  It's too bad someone lied to you about the timeframe. 

[Lebonhomme 0]

On 12/8/2017 at 11:04 PM, Kat123 said:

I dont t know why people is saying that K-3 dont exist anymore.If you go to there site and check processing times you can see that they do,you should send I-129F for it because it takes shorter time then your  spousal visa to  be approved,but you-need to send form  I-130 and I-129F form in same time,then when you come in US you need to send form of status adjustment and work permit

 

[Lebonhomme 0]

Hello.

I am married to American lady

 

I like to know when i will fille i 129 form

Thanks for your help

[NikLR 13,228]

2 hours ago, Lebonhomme said:

Hello.

I am married to American lady

 

I like to know when i will fille i 129 form

Thanks for your help

You don't.

The i-129f would be filed by the USC after physically receiving the I-130 NOA1 but it's a waste of time so dont bother. 

[Lebonhomme 0]

3 minutes ago, NikLR said:

You don't.

The i-129f would be filed by the USC after physically receiving the I-130 NOA1 but it's a waste of time so dont bother. 

Thanks for your answer

So i submit k3 visa pétition 

Without submit another forms or pays another fee

[NikLR 13,228]

2 hours ago, Lebonhomme said:

Thanks for your answer

So i submit k3 visa pétition 

Without submit another forms or pays another fee

K3 are rarely granted.  Less than 1% of the time.  Ir1/cr1 is the superior Visa.  

[Lebonhomme 0]

8 minutes ago, NikLR said:

K3 are rarely granted.  Less than 1% of the time.  Ir1/cr1 is the superior Visa.  

You mean by rarely granted. Rarely to be accepted . so what kind of visa should i submit. I am already married

[NikLR 13,228]

I-130 go for the IR1/CR1. Look at the guides.  Next time please start your own thread.