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Hmolina

Canadian wife, American husband, and 4 Canadian children living in Canada but wanting to move to US

By Hmolina in Bringing Family Members of US Citizens to America

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Boiler Grand Master

Boiler   46,124

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why not apply now and cut the wait time down.

 

K3 etc if effectively dead btw.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

acidrain Community Regular

acidrain   325

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted (edited)
16 minutes ago, Hmolina said:

What if we go there on a 6 month vacation, then while we're there he files the I-130 forms for us at the USCIS office. Then we apply for k-3 and k-4 visas? 

 

 

The Canadian consulate does not offer K-3 or K-4 visa's. Since you have immigrant intent you must complete the process in Canada. You cannot enter the US to "live there" for 6 months or have the intent to adjust status. I tried to do that and was told that's immigration fraud.

Edited by acidrain
geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
22 minutes ago, Hmolina said:

What if we go there on a 6 month vacation, then while we're there he files the I-130 forms for us at the USCIS office. Then we apply for k-3 and k-4 visas?

You can file the I-130 from anywhere. No need to wait.

K-3/K-4 is obsolete. It's on the books but expect it to turn into CR-1 and CR-2 visas instead.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Hmolina Newbie

Hmolina   1

Posted
Timeline
  • Author
Posted
13 minutes ago, Boiler said:

Why not apply now and cut the wait time down.

 

K3 etc if effectively dead btw.

we are planning a 6 month trip to Hawaii anyways, regardless of the immigration stuff. But I read that it's faster to file for I-130 at a USCIS office so I thought why not do it while we are there. 

I also just spoke to a lady at USCIS who said we could still file for the K3 visa. 

Boiler Grand Master

Boiler   46,124

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 minutes ago, Hmolina said:

we are planning a 6 month trip to Hawaii anyways, regardless of the immigration stuff. But I read that it's faster to file for I-130 at a USCIS office so I thought why not do it while we are there. 

I also just spoke to a lady at USCIS who said we could still file for the K3 visa. 

That is your only option anyway, just file now.

 

You can file for lots of stuff, as we have said K3 etc is effectively dead.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
29 minutes ago, Hmolina said:

we are planning a 6 month trip to Hawaii anyways, regardless of the immigration stuff. But I read that it's faster to file for I-130 at a USCIS office so I thought why not do it while we are there. 

I also just spoke to a lady at USCIS who said we could still file for the K3 visa. 

I-130s are filed with USCIS. That said, they go to the lockbox then sent to a service center once assigned. Giving it to a local field office (if they even take it??? I don't think they do...) wouldn't change anything as the field offices don't adjudicate them. Maybe you're confusing it with DCF abroad (which isn't available in Canada).

 

You sure can. As stated, it's still on the books. But that doesn't mean it will end up with a K-3 visa. Current USCIS policy is to adjudicate the I-130 and I-129F together. Current NVC policy is to close the I-129F is it arrives at the same time or before the approved I-130. Putting those 2 together means almost all K-3s turn into a CR-1. Only ~120 were issued all of last fiscal year (versus over 100,000 other spousal visas in the same time period).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

acidrain Community Regular

acidrain   325

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted (edited)
34 minutes ago, Hmolina said:

we are planning a 6 month trip to Hawaii anyways, regardless of the immigration stuff. But I read that it's faster to file for I-130 at a USCIS office so I thought why not do it while we are there. 

I also just spoke to a lady at USCIS who said we could still file for the K3 visa. 

On the US Embassy and Consulates in Canada website (https://ca.usembassy.gov/visas/fiancee/) it reads "K-3 visas are no longer being processed in Canada."

 

USCIS is well known to be the misinformation line.

Edited by acidrain
NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Regardless of what the USCIS says, i have seen ONE k3 come out of Canada on this board since I started on here in 2012.  One was closed at Montreal, most were closed at the NVC and one made it through in Vancouver when they still processed visas.  Since it only saves you a few months and you have to adjust status to get the green card, effectively costing double of the IR1/CR1, it is very much an inferior visa.

No it will not save time to send the I-130s while in Hawaii. Save time and do it from Canada.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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