K3 rules

[manuidf78 0]

Hi everybody,

We have a simple question.

To request the K3 Visa, does the US citizen has to be already living in theUSA, or is this visa possible when both live in a foreign country ( France for us) ?

Thanks for your feedback.

Manu

[pushbrk 12,895]

Hi everybody,

We have a simple question.

To request the K3 Visa, does the US citizen has to be already living in theUSA, or is this visa possible when both live in a foreign country ( France for us) ?

Thanks for your feedback.

Manu

Either can be accomodated but the K3 requires at least a US domicile address.

Why not study the guides. You might find that you qualify to file for a CR1 or IR1 visa directly with a Consulate in France.

[manuidf78 0]

Yes I know, but the CR1 is longer than the K3.

Manu

[MargotDarko 0]

Yes, either is possible, but as pushbrk says, you may be able to do direct consular filing for the CR1, which is faster and better. In London, it only takes about five months in total to receive the CR1. I imagine the timeline for the French consulate would be similar. Filing for a K3, you'd have to use a US service center and do overseas posting back and forth. I am sure it would take longer and be harder and also cost more in the end. The current requirement for consular filing is for the USC to have lived in the foreign country for six months or more as a resident as opposed to a tourist.

EDIT - I've just looked at your timeline. It seems you've already sent the I-130 to Vermont. If that's correct, you can't file directly with the consulate.

Edited June 3, 2007 by MargotDarko

[MargotDarko 0]

If you haven't actually mailed the I-130 yet, here is information on filing directly in Paris, which is much faster -

http://www.visajourney.com/forums/index.php?showtopic=60338

[MargotDarko 0]

manuidf78, I'm feeling bad thinking that you may have been eligible for DCF and didn't do it. Has your wife been resident in France for more than six months?

[pushbrk 12,895]

Yes I know, but the CR1 is longer than the K3.

Manu

K3 is typically not faster than a DCF CR1 but now I see you've already filed your I-130 stateside.

Edited June 3, 2007 by pushbrk

[manuidf78 0]

Thanks for your feedback.

Yes my wife lives in France ( she never lives in th Usa).

Why do you think it's finish for the CR1. Maybe I could transfer my k3 for it after receive my NOA1 or I130 approval?

Manu

[MargotDarko 0]

Thanks for your feedback.

Yes my wife lives in France ( she never lives in th Usa).

Why do you think it's finish for the CR1. Maybe I could transfer my k3 for it after receive my NOA1 or I130 approval?

Manu

I'm sorry - I don't fully understand your post.

Your wife was eligible to file the I-130 directly with the consulate in France. That process would have taken about five months for you to receive the CR1.

Are you saying that you have not received NOA1 yet for the I-130? That is a problem. It should not take so long.

If your I-130 is being processed at a US service center now, you will not be able to change to Direct Consular Filing.

[Urge To Race 2]

Thanks for your feedback.

Yes my wife lives in France ( she never lives in th Usa).

Why do you think it's finish for the CR1. Maybe I could transfer my k3 for it after receive my NOA1 or I130 approval?

Manu

Manu,

You can still pursue the CR1, sure. What the other posters are telling you is that if you used DCF (direct consular filing), you can get the CR1 quicker because you avoid the long wait for processing at the service centers in the US. While you can still pursue the CR1 if you don't file a 129F, you still have to go through the long wait at VSC for processing since you already sent the I130 to VSC. Filing at the consular location is quicker for CR1 than K3 or CR1 through a service center in US

Edited June 3, 2007 by Urge To Race

[manuidf78 0]

Hi everybody,

I received the NOA1 yesterday for my I130.

To continue on CR1, I have only to not fill the I129? Everything will be done automatically ?

That means that after the NOA2 I130 , VSC will transfer my case to the NVC and NVC to The embassy in Paris for a CR1 case?

Or should I inform someone ( VSC or NVC) that I want to continue on CR1 instead of K3? ( It's written on the I130 that I want the K3!).

Thanks for your feedback.

Manu

[MargotDarko 0]

Hi everybody,

I received the NOA1 yesterday for my I130.

To continue on CR1, I have only to not fill the I129? Everything will be done automatically ?

That means that after the NOA2 I130 , VSC will transfer my case to the NVC and NVC to The embassy in Paris for a CR1 case?

Or should I inform someone ( VSC or NVC) that I want to continue on CR1 instead of K3? ( It's written on the I130 that I want the K3!).

Thanks for your feedback.

Manu

How soon do you want to move to America? Following the I-130 to conclusion in the way you've started it will mean probably not moving for almost a year from now. If that's fine, then yes, just don't send the I-129f. If you want to move sooner, you'll need to spend the money and time on the K3 visa.

EDIT - Someone please correct me if I'm wrong - there isn't anyway to say you don't want K3 anymore and if you don't send the I-129f they just assume you don't, right?

Edited June 5, 2007 by MargotDarko

[manuidf78 0]

We want to move before the end of this year.

I thought that the I130 was quicker, but after checking processing times you're right.

We are going to the Paris Embassy on friday to see if it's possible to have the limited direct filling...we can try!

But if not we should apply for the I129 for K3.

thanks Manu

[MargotDarko 0]

We want to move before the end of this year.

I thought that the I130 was quicker, but after checking processing times you're right.

We are going to the Paris Embassy on friday to see if it's possible to have the limited direct filling...we can try!

But if not we should apply for the I129 for K3.

thanks Manu

Perhaps you can cancel your current petition at the US service center and file directly at the Paris embassy. If you file the I-130 directly in Paris, you should have a CR1 within in about five months. I don't know how you would cancel the petition in the US and I don't know what the implications would be, so pursue that one cautiously.

[manuidf78 0]

Yes sure.

To help us we have a lawyer.

In fact at the beginning of this year the DCF was not possible in Paris due to some changes, that's why we decided to request a K3.And I don't know when they reinstalled this procedure in place.

I will keep you informed.

Manu