Divorce and Remarry: Getting to the US Faster on a K-1 Visa?

[GaryFunk 7]

Think about it... You will have to put all prior marriages on your application. They will see that you were previously married to her. They will question this and most likely deny the petition. 

[GaryFunk 7]

Why has no one mentioned K-3?

[geowrian 22,337]

3 minutes ago, GaryFunk said:

Why has no one mentioned K-3?

Because K-3 is obsolete. Virtually none are issued anymore, as has been the case for several years now.

[GaryFunk 7]

16 minutes ago, geowrian said:

Because K-3 is obsolete. Virtually none are issued anymore, as has been the case for several years now.

That's just not true. I filed an I-130 followed by the K-3 and it was approved in 96 days.

[Unlockable 7,314]

37 minutes ago, GaryFunk said:

Why has no one mentioned K-3?

Because the experienced members on this site know that the K3 is obsolete. It is getting phased out and each year there are less and less approvals of the K3.

 

There were only 15 issued in 2017 and in 2018 they only approved 6. At this rate he would have a better chance of winning the lottery than getting a K3.

 

Here is the data... https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf

 

Quote

That's just not true. I filed an I-130 followed by the K-3 and it was approved in 96 days.

Yes it is true. You may have been one of the lucky ones as you can see. The K3 is still active, true, but as you can see they are drastically phasing it out. If you were one of the only 6 people that got approved last year, then you are lucky. Play the lottery this week.

 

But for everyone else. The K3 is not a viable option moving forward.

Edited June 22, 2019 by Unlockable

[geowrian 22,337]

8 minutes ago, GaryFunk said:

That's just not true. I filed an I-130 followed by the K-3 and it was approved in 96 days.

When was this?

If it was in the past few years, you were extremely lucky. As noted above, only 6 were issued last year and the number is dropping...it might even be 0 this year.

[Boiler 45,462]

11 minutes ago, GaryFunk said:

That's just not true. I filed an I-130 followed by the K-3 and it was approved in 96 days.

When?

[GaryFunk 7]

Interesting.  It's been just over four years and I haven't done a K-3 since. I have submitted dozens of I-130 for Vietnamese and only the one wanted the K-3. Normally both want the time the extra time to make arrangements and finish business dealings.

 

Thanks for the stats and information.  I find it interesting that CIS is operating in this fashion; But not entirely surprised.

[Boiler 45,462]

Always a good idea to keep up to date if you are in the biz.

[Canerican 242]

The fact that you posted your intentions is not good. There are immigration officers and I’m sure consular officers that will make accounts and peruse through the forums. 

[SalishSea 17,818]

28 minutes ago, CDN(ON)-USA(VT) said:

The fact that you posted your intentions is not good. There are immigration officers and I’m sure consular officers that will make accounts and peruse through the forums. 

I always hope this is true.

[HRQX 4,145]

51 minutes ago, GaryFunk said:

Thanks for the stats and information.  I find it interesting that CIS is operating in this fashion; But not entirely surprised.

Straight from the government. https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas:

Quote

However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html:

Quote

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.

The I-129F being administratively closed is to be expected nowadays for K-3 attempts.

Edited June 23, 2019 by HRQX

[Cheschirecat 176]

9 hours ago, Barefootek said:

Since the timeline for K1 visas appears to be about 4 months faster, would divorcing and remarrying be an option? I certainly don't like that option, but if it saves me 4 months then I might have to think about it. I have not filed anything in the US. Could we just have another ceremony there? Since her ID shows her being married, I am assuming the answer would be no on that one. 

What.....??? 

[LaBeach 29]

8 hours ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

I think you lose the 4 month advantage with the divorce processing time. I think it would either get you denied or put in AP purgatory. You can apply for the K-3 but that doesn't seem worth the money these days with the sped up process for the spousal visa. 

[HRQX 4,145]

42 minutes ago, LaBeach said:

You can apply for the K-3 but that doesn't seem worth the money these days with the sped up process for the spousal visa. 

Agreed; the few that obtain K-3s still have to AOS after entry. Overall process:

Quote

You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa.

Quote

You may apply for a Green Card at any time (even while the Form I-130 is pending) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status.

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