K3 visa - length of process and how to speed up

[Girl777 2]

Hello,

 

from everyone's experiences how long it takes on average now with consequences of pandemic to get K3 visa  from beginning  of process to end and also can process be speeded up if immigration lawyers are involved ? ( no outstanding circumstances to speed up other than we filed for K1 twice in last 4 years and I ended up waiting for my 8 year old child  from previous relationship to get court permission ( went through 15 days trial and unfortunate decision and  hen appeal)  to relocate with me to unite with my US  fiance, court took 4 years and both immigration processes for K1/K2  were granted but got expired due to no resolution in court yet,   we decided now (considered court processed is over)  we might need to choose K 3 this time so my child's father won't have to have child's restriction to leave US for visits in Canada with dad, the only excruciating circumstance is all the wait we had  in last 4 years trying to reunite and desire  and limited (due to age) ability that is our main wish as a family to have a child together when united, I am  (woman) 41 years old now and time is running out for me very quickly.... Really don't want to wait all over again 1 year or more if there is a way to speed it up...Wonder if anyone had to go through process with lawyer and it was faster?

 

Thanks all,

 

 

 

 

[payxibka 10,045]

Just now, Girl777 said:

Hello,

 

from everyone's experiences how long it takes on average now with consequences of pandemic to get K3 visa  from beginning  of process to end and also can process be speeded up if immigration lawyers are involved ? ( no outstanding circumstances to speed up other than we filed for K1 twice in last 4 years and I ended up waiting for my 8 year old child  from previous relationship to get court permission ( went through 15 days trial and unfortunate decision and  hen appeal)  to relocate with me to unite with my US  fiance, court took 4 years and both immigration processes for K1/K2  were granted but got expired due to no resolution in court yet,   we decided now (considered court processed is over)  we might need to choose K 3 this time so my child's father won't have to have child's restriction to leave US for visits in Canada with dad, the only excruciating circumstance is all the wait we had  in last 4 years trying to reunite and desire  and limited (due to age) ability that is our main wish as a family to have a child together when united, I am  (woman) 41 years old now and time is running out for me very quickly.... Really don't want to wait all over again 1 year or more if there is a way to speed it up...Wonder if anyone had to go through process with lawyer and it was faster?

 

Thanks all,

 

 

 

 

K3 does not speed anything up nor does employing a lawyer

[Girl777 2]

so what is average wait now?

[Lil bear 4,188]

32 minutes ago, payxibka said:

K3 does not speed anything up nor does employing a lawyer

 

30 minutes ago, Girl777 said:

so what is average wait now?

Very very very few K3 visas have been issued in the past years now… like 4 per year… If you’re married, the IR  visa process.. I130 first step ..is almost always approved first and that results in the I129f being cancelled 

Edited June 11, 2021 by Lil bear
Self deleted

[Girl777 2]

My second K1 visa process has been approved and I was invited for interview which I did not book yet but it all coincided with me waiting for appeal for my son to move to be heard and  for appeal ( being afraid it won't be granted if we proceed with K1/K2 which has restriction on leaving Us for access in 1st year for my son)  we  amended papers on appeal and said we will re-file for K 3 if appeal is granted and court allows my son to move with me , so we signed up for K3 instead  but I still have K2 petition approved and basically I am ready to go  but now have to change to K3 ( how sad) , is there a way to shorten time when you adjust  from K 1/K2 to K3 versus starting K 3 all over again, is it any different in my situation versus filing for K 3  from start?

[Dashinka 24,487]

A bit confusing, so you are now married, and want to file for a spousal visa.  Your USC spouse should file the I130 for you and another for your child.

[Girl777 2]

almost married, yes plan to marry and file for K 3, appeal went well but for it to go well we had to promise to leave Canada  with K 3 vs K 1 so my son has no interruption in access with his dad who stays  in Canada ( with K1 he cant leave US until we  get all  docs to travel which can take up to 9-12 months). I did not notify immigration yet, they wait for me to book K 1 appointment, I am trying to understand if me moving from K1 to K3 has any advantage versus starting it from zero ( K 3) 

Edited June 11, 2021 by Girl777

[payxibka 10,045]

10 minutes ago, Girl777 said:

My second K1 visa process has been approved and I was invited for interview which I did not book yet but it all coincided with me waiting for appeal for my son to move to be heard and  for appeal ( being afraid it won't be granted if we proceed with K1/K2 which has restriction on leaving Us for access in 1st year for my son)  we  amended papers on appeal and said we will re-file for K 3 if appeal is granted and court allows my son to move with me , so we signed up for K3 instead  but I still have K2 petition approved and basically I am ready to go  but now have to change to K3 ( how sad) , is there a way to shorten time when you adjust  from K 1/K2 to K3 versus starting K 3 all over again, is it any different in my situation versus filing for K 3  from start?

You don't understand how the process works.  Even if K3/K4s were being issued (which they are not which would require starting over),  they have the same travel restrictions as K1/K2

[Crazy Cat 41,822]

11 minutes ago, Girl777 said:

My second K1 visa process has been approved and I was invited for interview which I did not book yet but it all coincided with me waiting for appeal for my son to move to be heard and  for appeal ( being afraid it won't be granted if we proceed with K1/K2 which has restriction on leaving Us for access in 1st year for my son)  we  amended papers on appeal and said we will re-file for K 3 if appeal is granted and court allows my son to move with me , so we signed up for K3 instead  but I still have K2 petition approved and basically I am ready to go  but now have to change to K3 ( how sad) , is there a way to shorten time when you adjust  from K 1/K2 to K3 versus starting K 3 all over again, is it any different in my situation versus filing for K 3  from start?

You must be married to file for a K-3.  There is no "adjustment from a K-1 to a K-3".  They are totally different visa categories.

[Crazy Cat 41,822]

2 minutes ago, Girl777 said:

almost married, yes plan to marry and file for K 3, appeal went well but for it to go well we had to promise to leave Canada  with K 3 vs K 1 so my son has no interruption in access with his dad who stays  in Canada ( with K1 he cant leave US until we  all docs to travel). I did not notify immigration yet, they wait for me to book K 1 appointment, I am trying to understand if me moving from K1 to K3 has any advantage versus starting it from zero ( K 3) 

Don't waste your time.  Start the CR-1 process AFTER your marriage.  Forget the K-3.

Edited June 11, 2021 by Lucky Cat

[payxibka 10,045]

3 minutes ago, Girl777 said:

almost married, yes plan to marry and file for K 3, appeal went well but for it to go well we had to promise to leave Canada  with K 3 vs K 1 so my son has no interruption in access with his dad who stays  in Canada ( with K1 he cant leave US until we  all docs to travel). I did not notify immigration yet, they wait for me to book K 1 appointment, I am trying to understand if me moving from K1 to K3 has any advantage versus starting it from zero ( K 3) 

No such thing as moving to k3 from k1.  A k3 needs an i130 first, which you haven't yet filed.

Edited June 11, 2021 by payxibka

[Girl777 2]

yep, this is what it sounds like,, no advantage 😞 Immigration lawyer told us with K 3 my son wont have restrictions, once visa issued, we move to US and then my son can travel right away to see his dad 

[Crazy Cat 41,822]

Just now, Girl777 said:

yep, this is what it sounds like,, no advantage 😞 Immigration lawyer told us with K 3 my son wont have restrictions, once visa issued, we move to US and then my son can travel right away to see his dad 

Fire the lawyer.  Ask that attorney how many K-3s were issued in 2019 and 2020.

[payxibka 10,045]

3 minutes ago, Girl777 said:

yep, this is what it sounds like,, no advantage 😞 Immigration lawyer told us with K 3 my son wont have restrictions, once visa issued, we move to US and then my son can travel right away to see his dad 

IR1/IR2 NOT K3/K4 is the visa that doesn't have travel restrictions.  If you were told that a k3 doesn't have travel restrictions,  you were told wrong 

Edited June 11, 2021 by payxibka

[Girl777 2]

it is also hard to rely on forum versus lawyer, mist people on this forum were saying it will take me one more year to wait for appointment for visa issuance  after (-129 F was approved ) but it took me 1 month after that and they invited me for nearest July...