k3/k4 visa form help

[rana3211 1]

hi there, i submitted my application I-130 and i-130A form can i submit k3/k4 visa form now? can you please tell me the poverty guideline? my current income is $34k and living in the california household of 4 persons.

[SteveInBostonI130 3,434]

Nothing prevents you from submitting K3 and paying the extra cost.  But there have been few or no K3's approved in the past several years.  They tend to be closed administratively due to an existing I-130.

 

I-864 is submitted after the I-130 is approved by USCIS and the case is sent to the NVC.

[Chancy 6,241]

9 minutes ago, rana3211 said:

hi there, i submitted my application I-130 and i-130A form can i submit k3/k4 visa form now? can you please tell me the poverty guideline? my current income is $34k and living in the california household of 4 persons.

 

K3/K4 visas are effectively obsolete.  But you are free to pursue them still, if you wish.

 

Federal Poverty Guidelines -- https://www.uscis.gov/i-864p

 

[rana3211 1]

Ahh i see but then what you guys suggest me to do. i just want my fiancee to be here ASAP  i applied i-130 in november and still not yet received receipt notice. what's the difference between k1/k2 and k3/k4 visas? any suggestions please? thanks

[JeanneAdil 6,498]

you applied for spouse visa and call the person your fiancee????/

you should have done the I 129 for fiancee visa 

K1 is fiancee

K2  is for a child of the fiancee

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. ... Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

the K3 is the way it used to be done before the embassy took over interviews

that is to say a foreign spouse came and was interviewed here and approved or denied to stay

my brother in law did it this way  years and years ago

 

[Chancy 6,241]

15 minutes ago, rana3211 said:

Ahh i see but then what you guys suggest me to do. i just want my fiancee to be here ASAP  i applied i-130 in november and still not yet received receipt notice.

 

Fiancee?  Are you not married?  Did you not submit a valid marriage certificate with the I-130 petition?

 

What I suggest for you to do is to educate yourself more about the immigration process.  Start here -- https://www.visajourney.com/guides/

 

[payxibka 10,045]

2 hours ago, rana3211 said:

what's the difference between k1/k2 and k3/k4 visas? any suggestions please? thanks

Big differences.   Best you understand the status of your relationship 

[SalishSea 17,828]

4 hours ago, rana3211 said:

Ahh i see but then what you guys suggest me to do. i just want my fiancee to be here ASAP  i applied i-130 in november and still not yet received receipt notice. what's the difference between k1/k2 and k3/k4 visas? any suggestions please? thanks

You need to do a lot of reading to try to educate yourself on US immigration.  Your questions show that you're struggling with even the basics.

 

If you submitted an I-130 for a fiancee, your application will be rejected.

[Ryan H 3,812]

5 hours ago, JeanneAdil said:

you should have done the I 129 for fiancee visa 

 

I-129F would be the necessary form (form I-129 is for non-immigrant workers).

 

5 hours ago, rana3211 said:

i just want my fiancee to be here ASAP

 

OP, as others have clearly pointed out, correct terminology matters.  I checked your content and saw that you previously refer to the beneficiary of your petition (you filed a petition, not an application; you are not applying for anything) as your wife.  From the content of a previous thread, you said your submission was incomplete and the answers you received that your submission will likely be rejected on that basis.  You could possibly avoid that fate by starting the K3 process since USCIS ties the two petitions together.  However, that's not a guarantee by any means; even if you started the K3 process with all needed documentation, the whole thing could still be rejected because the initial I-130 submission was incomplete.  Should you wish to try this, the only thing you will be out is postage, there's no additional filing fees.

[carmel34 3,626]

18 hours ago, rana3211 said:

my current income is $34k and living in the california household of 4 persons.

Borderline incomes are sometimes a problem, especially in California which is an expensive state to live in.  I recommend a joint sponsor once you straighten out the correct petition and visa.  Good luck!

[pushbrk 12,882]

On 12/27/2020 at 4:34 PM, rana3211 said:

Ahh i see but then what you guys suggest me to do. i just want my fiancee to be here ASAP  i applied i-130 in november and still not yet received receipt notice. what's the difference between k1/k2 and k3/k4 visas? any suggestions please? thanks

You've got good answers already but let me be succinct.

 

If you are married, do nothing more at this time.  K3 visa is obsolete.

 

If you really are talking about a fiancee instead of a spouse, withdraw the I-130 and file an I-129F for your fiancee.

 

There is only one available visa for either situation and nothing about getting it will be fast.  There is nothing you can do to speed it up either.  Please clarify your actual circumstances.  Are you married or not?

[Ikhan 49]

3 hours ago, pushbrk said:

If you are married, do nothing more at this time.  K3 visa is obsolete.

I'm just curious, assuming OP is married and has filed an i130, what happens if they file an i129f and their i130 takes much longer than their 129f? Does USCIS pause the 129f, or do they process it and then it's paused at NVC?

The reason im asking is because processing times have increased for some of the service centers enough to warrant having a petition for a K-3. For example, CSC has a wait time of around 18 months for an i130. It has a wait time of around 8 months for an i129f. 

[pushbrk 12,882]

1 hour ago, Ikhan said:

I'm just curious, assuming OP is married and has filed an i130, what happens if they file an i129f and their i130 takes much longer than their 129f? Does USCIS pause the 129f, or do they process it and then it's paused at NVC?

The reason im asking is because processing times have increased for some of the service centers enough to warrant having a petition for a K-3. For example, CSC has a wait time of around 18 months for an i130. It has a wait time of around 8 months for an i129f. 

The two petitions are joined.  As soon as they are joined, USCIS administratively closes the I-129F in favor of the I-130.  The petitions started being joined and approved together in late 2006.  The last couple years, USCIS has been closing the second petition.  Before that NVC was killing the I-129Fs filed for spouses, since Feb 1, 2010.  K visas for spouses and step children have been virtually obsolete more than a decade.  Their place and time of death is the only  thing that has changed recently.

 

[HRQX 4,145]

On 12/27/2020 at 2:29 PM, SteveInBostonI130 said:

Nothing prevents you from submitting K3 and paying the extra cost.

Are you referring to the cost of printing and mailing the application? To clarify, there is no fee to file I-129F for spouse: https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

[pushbrk 12,882]

21 minutes ago, HRQX said:

Are you referring to the cost of printing and mailing the application? To clarify, there is no fee to file I-129F for spouse: https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

You're kind of late to the party here.  I think the person referring to extra cost, was talking about ALL the costs, not the $0 petition filing fee.  Even so, they missed the fact that there is no viability to the K3 visa at this time anyway.