Use of Non-Immigrant Visa for K-3

[kittybear 0]

First of all, I used Search to look for topics about this issue, but didn't find any that would answer this specific question. So I apologise if I missed the thread with this question

We decided to take another route (I-129F) for a visa, but would it have been quicker to get married, apply for I-130 and non-immigrant visa, than just I-129F or I-130? (Ugh...not a clear question, sorry)

Take 2:

If you get married, and file I-130 and non-immigrant visa I-156...?, are you able to recide in the USA with your spouse before the final interview at your local embassy? Is it a lot quicker than waiting for the whole I-130 process to go through and for getting a K-3 visa?

(with the desire to be together with your spouse as soon as you can)

Would the same have applied to I-129F?

I hope this made sense, but I can't really explain it any better..lol

[Reba 2]

read the Guides up above here, I think this may clarify your questions.

Just to sum up however, the K3 is a non immigrant visa, and results from the I-129F petition. The I-130 petition is for an immigrant visa, which may or may not be completed before the K3 visa.

You can come to the US to visit while you wait, but only for the amount of time you have allowed by the visa waiver program (if you are from a VWP country), or a tourist visa. And that is if they let you enter, some are lucky, some are not. Do a search for "visiting" and I'm sure you'll find several dozens of threads with info.

[kittybear 0]

Thank you, Reba I guess my search was too specific.

[kittybear 0]

Thank you, Reba I guess my search was too specific.

Apparently I'm a lil thick-headed, because I didn't find an answer there... The embassy told you could apply for a "non-immigrant" visa to stay with your spouse, but apparently that only meant the Visa Waiver (in our case) or tourist visa, as Reba pointed out? There is no other way to reside with your spouse then?

I read earlier in the guides that if you file for I-156K (sorry, not sure the numbers were right) together with I-130, you'd be able to stay with that, as non-immigrant visa. But is that only AFTER the I-130 interview anyway?

And I apologise for asking things to be simplified, but I'm sort of giving advice to people who are marrying their American sweethearts, and I would like to be clear with the facts they present me with, or questions they ask. I refer them all to this site, but not sure how many actually come here.

[edp333 9]

Apparently I'm a lil thick-headed, because I didn't find an answer there... The embassy told you could apply for a "non-immigrant" visa to stay with your spouse, but apparently that only meant the Visa Waiver (in our case) or tourist visa, as Reba pointed out? There is no other way to reside with your spouse then?

Yes, the US Citizen (USC) can move to the country the spouse is residing in. But this is not possible for most applicants.

The K3 non-immigrant visa normally takes nine months to one year with some consulates taking years to approve.

A tourist visa, if allowed is only for a short period of time and the spouse must return to their home country within that time period.

I read earlier in the guides that if you file for I-156K (sorry, not sure the numbers were right) together with I-130, you'd be able to stay with that, as non-immigrant visa. But is that only AFTER the I-130 interview anyway?

The purpose of the K3 visa is to allow the spouse to live with the US Citizen while waiting for the Adjustment Of Status (AOS). The I-156K form is generally used for the interview packet. If the visa is approved at the interview then the spouse can move to the USA.

And I apologise for asking things to be simplified, but I'm sort of giving advice to people who are marrying their American sweethearts, and I would like to be clear with the facts they present me with, or questions they ask. I refer them all to this site, but not sure how many actually come here.

IMHO: If you want clear facts then you should seek an immigration attorney or do a thorough research of the immigration process. There is plenty of great advice given here on VJ forums. But there are no immigration attorneys that I know of posting here.

[kittybear 0]

edp333: /deepbow. Thank you for your clearing up things. This is what I've been wondering about.

And where I (and many others) answer people's questions, is a forum for those getting married (foreign spouses is just one small part of it) and strictly non-professional and I also stress that when I answer them. I just want to help them out with the simplest questions, and they do call USCIS and local embassy, and their spouses call too, but they get very conflicting information.

Reading the stories here, I sometimes feel immigration attorneys aren't always up-to-date themselves...

It's because people here have been through the things themeselves and are familiar with the concepts and how things work, that VJ rules

[edp333 9]

Kittybear: I think VJ is all about sharing the visa process, visa information, and concerns with peers.

As for Immigration attorneys, it is their job to know the laws and procedures. But, as with any profession, you get a mixture of talent.

I was not sure what you meant by clear facts and your interpretation of nonprofessional was great. Maybe all my university research has me sensitive to the word facts. I like the statement: People are entitled to their own opinions, but not their own facts.

No explanation was needed for what you used the information for, but thank you for sharing.