K3 Visa renewal

[src 0]

My husband is here on a K3 visa that is good for two years. It will expire in March of 2007. We got the letter from the National Visa Center on August 2005 saying our case was done processing and had been sent to the consulate in Texas. We have a priority date of January 2003. I checked the visa bulletin, and from what I read, it says that spouses do not have to wait for a immigrant visa number to become available. However, we do not have an interview date as of yet and have heard nothing. If we have to renew his K3, how do we do that? Can anyone point me in the right direction? I don't want to wait until the last minute and end up in trouble because we can't get paperwork moved fast enough. Thanks for any help!!!!!!

[scy 0]

My husband is here on a K3 visa that is good for two years. It will expire in March of 2007. We got the letter from the National Visa Center on August 2005 saying our case was done processing and had been sent to the consulate in Texas. We have a priority date of January 2003. I checked the visa bulletin, and from what I read, it says that spouses do not have to wait for a immigrant visa number to become available. However, we do not have an interview date as of yet and have heard nothing. If we have to renew his K3, how do we do that? Can anyone point me in the right direction? I don't want to wait until the last minute and end up in trouble because we can't get paperwork moved fast enough. Thanks for any help!!!!!!

Perhaps it's a slip of the tongue but last I checked, Ciudad Juarez is still apart of Mexico. There is no US consulate in Texas.

To extend K-3 status, you would file form I-539 to the appropriate service center. Keep in mind that extending the K-3 status does not extend the K-3 visa validity. Those are two different things.

Another thing to remember is that USCIS has an interesting rule on K-3 extension where you have to have an adjustment of status filed prior to extending the K-3 status. Here is a quote on this subject from USCIS's rules on K-3.

http://frwebgate.access.gpo.gov/cgi-bin/ge...ocid=fr14au01-1

"C. Extension of Status

Following the 2-year admission period, a K-3 and K-4 nonimmigrant

may apply with the Service for an extension of stay using Form I-539,

Application for Extension of Stay, in 2-year increments. Since the

Service believes that the purpose of the K-3 and K-4 nonimmigrant

classifications is to provide family reunification while the

immigration process is ongoing, the Service will require an alien

seeking an extension of stay to have filed a Form I-485 or an

application for an immigrant visa. If Form I-485 or application for an

immigrant visa has not been filed, the alien must be still awaiting

approval of the pending Form I-130, in order to be eligible for an

extension of stay, or be able to provide the Service with ``good

cause'' as required by the new 8 CFR 214.2(k)(10)(ii) added by this

regulation. In addition, the alien must continue to be married to the

U.S. citizen spouse who petitioned for the alien's K status. Finally,

the U.S. citizen parents (including stepparents) of K-4 aliens should

file Form I-130 on the child's behalf at the earliest possible time, if

they have not already done so. These requirements will ensure that all

aliens who enter as K-3 and K-4 nonimmigrants ultimately continue the

immigration process to become permanent residents and continue to meet

the statutory definition of the K-3/K-4 nonimmigrant classification.

If the Service intends to deny an application filed for an

extension of K-3/K-4 status, the Service will send the applicant a

notice of intent to deny and the basis for the proposed denial. The

applicant will then have 30 days from the date of the notice to submit

additional information in rebuttal. No appeal shall be available for

Form I-539 denials which are filed for an extension of K-3/K-4 status,

pursuant to 8 CFR 214.1©(5).

The Service expects that this requirement will have no impact on

the majority of aliens entering as K-3 or K-4 nonimmigrants. Once in

the United States, those in K-3 or K-4 status may file for adjustment

of status at any time following the approval of their Form I-130

petition as immediate relatives of U.S. citizens, and most will do so

very quickly after such approval. However, the Service believes that

Congress did not intend the K-3 and K-4 classification to be one which

would be of indefinite duration or one which could be extended in

perpetuity without the alien spouse or child taking steps to become a

permanent resident. For this purpose, and to deter marriage fraud, the

Service will require the Form I-485 to be filed prior to allowing an

extension of stay as a K-3 or K-4. This regulation adds this

requirement for K-3/K-4 aliens seeking an extension of stay to 8 CFR

214.1©(2), which generally covers extensions, by requiring these

aliens to comply with 8 CFR 214.2(k)(10), discussed in paragraph D

below."

[meauxna 15]

Have you looked at the timelines for other people getting an Immigrant Visa through Juarez (I presume when you said Texas you meant the mailing adress for Jurarez)? That will give you an idea of how long it is taking to get an interview once your case reaches the Consulate. Things can and do change, but it is a more accurate picture than what the Consulate may have posted on their website.

I think the wait is close to one year--- see what you can find.

[AlmostMex 0]

Perhaps it's a slip of the tongue but last I checked, Ciudad Juarez is still apart of Mexico. There is no US consulate in Texas.

The mailing address for the Ciudad Juarez consulate is El Paso, TX, which probably caused their comment about the US consulate in Texas. (Which Meauxna already stated Hiya girlie!)

[meauxna 15]

Hiya girlie!)

Hola, chica! I was *just* thinking, hey, they should be up for interview soon, Chicago's been fast, and there it is in your siggy!

WooHoo!