Immigration lawyer

[Crazy Cat 41,682]

Just now, Nnnnnn said:

Yes, filing in attempt to speed it up. Do you mean that it doesn’t work because it takes just as long? What are the disadvantages you refer to? Sorry I have only just found out that this is an option. Is there any other alternative to speeding anything up? Or travel to wait for spousal visa? 

Usually, the I-129F is administratively closed, and continues as a CR-1/IR-1.  Sometimes, USCIS then approves the I-130.  The major disadvantages of a K-3 (and K-1) are:

- Adjustment of status is required ($$$$$$)

- Applicant cannot legally work in the US for up to 8 months

- Applicant cannot leave the country (& re-enter) for up to 8 months

- Applicant will not receive Green card for up to a year or more after filing for adjustment

- Applicant clock to qualify for citizenship does not start until Green Card is approved.

[Nina-1 4]

1 minute ago, Boiler said:

Just your time, of you have a valid reason you can apply for an expedite.

I was looking at the expedite but not sure I fit into one of them. We did file a fiance visa application last year but it must have got lost in the post because we never received anything. We even tried to take it to a field office after waiting so long, it turned out to be an ICE office and they checked the system for us and confirmed nothing, they are the ones who told us to just get married (which we wanted to do anyway!) 

[Crazy Cat 41,682]

10 minutes ago, Nnnnnn said:

Is there any other alternative to speeding anything up?

Other than the "K-3 trick", no. ..except as @Boiler mentioned, an expedite.

Edited November 23, 2023 by Crazy Cat

[Nina-1 4]

1 minute ago, Crazy Cat said:

Usually, the I-129F is administratively closed, and continues as a CR-1/IR-1.  Sometimes, USCIS then approves the I-130.  The major disadvantages of a K-3 (and K-1) are:

- Adjustment of status is required ($$$$$$)

- Applicant cannot legally work in the US for up to 8 months

- Applicant cannot leave the country (& re-enter) for up to 8 months

- Applicant will not receive Green card for up to a year or more after filing for adjustment

- Applicant clock to qualify for citizenship does not start until Green Card is approved.

I am not suggesting you are wrong, from the little research I have done it seems that the wait time is not this length. Also, there is mention of applying for an employment authorisation. Yes the adjustment of status is expensive but I am not too fussed about that as we have been waiting so long already. Appreciate others are in the same boats as us too. 

[Boiler 45,402]

Sounds like you are just in the queue, waiting.

[Crazy Cat 41,682]

12 minutes ago, Nnnnnn said:

I am not suggesting you are wrong, from the little research I have done it seems that the wait time is not this length. Also, there is mention of applying for an employment authorisation. Yes the adjustment of status is expensive but I am not too fussed about that as we have been waiting so long already. Appreciate others are in the same boats as us too. 

VJ history agrees with me.  Employment authorization is not immediate.  It can take up to 8 months....although I have seen a a few shorter waits lately.  The average as reported by other VJ members is around 5 months at the moment.

Edited November 23, 2023 by Crazy Cat

[Crazy Cat 41,682]

6 minutes ago, Nnnnnn said:

from the little research I have done it seems that the wait time is not this length.

Please elaborate.  Maybe you can share your sources.  It might help others here.

[Boiler 45,402]

I have not seen a K3 in years but seem to recollect it is multi entry? for 2 years, not going to bother looking it up as it is all moot.

Edited November 23, 2023 by Boiler

[Nina-1 4]

18 minutes ago, Boiler said:

I have not seen a K3 in years but seem to recollect it is multi entry? for 2 years, not going to bother looking it up as it is all moot.

Ok, this is the first I have heard of and been looking into all sorts for the last day. The information I have seen is simply that you can apply, it is free to file and that whichever is first will get processed. I have now seen that on the uscis website it specifys they are rare due to uscis taking less time to process I-130 the need for a k3 is rare. All a massive minefield and I’m feeling quite overwhelmed 

[Redro 4,611]

1 hour ago, Nnnnnn said:

Ok, this is the first I have heard of and been looking into all sorts for the last day. The information I have seen is simply that you can apply, it is free to file and that whichever is first will get processed. I have now seen that on the uscis website it specifys they are rare due to uscis taking less time to process I-130 the need for a k3 is rare. All a massive minefield and I’m feeling quite overwhelmed 

If you want to learn more about K3 visa and real life experiences you can read this forum and this forum ... 

I have only seen 1 K3 visa issued during my time on VJ and it was for a UK/US couple whose I-130 got lost or stuck and they had been waiting for 2+ years

If your partner was adjusting (via K3) they would still be waiting... but here in the US. 

 

The pros of waiting 1+ year outside the US is more control. As I think your partner is from the UK, they can visit you in the US while waiting for the visa to be issued. They can work and they can enjoy their time in their home country before uprooting their whole life and moving to the US to be with you... 

Adjustment means you are at the mercy of USCIS with no ability to work or travel or obtain any documents while waiting for EAD (this is why most people don't want the K3 to be issued and for it to "push" the I130 to be approved). 

[Redro 4,611]

1 hour ago, Nnnnnn said:

I am not suggesting you are wrong, from the little research I have done it seems that the wait time is not this length. Also, there is mention of applying for an employment authorisation. Yes the adjustment of status is expensive but I am not too fussed about that as we have been waiting so long already. Appreciate others are in the same boats as us too. 

How long have you been waiting? 

It would be great if you could complete your timeline... 

[Crazy Cat 41,682]

1 hour ago, Nnnnnn said:

I have now seen that on the uscis website it specifys they are rare due to uscis taking less time to process I-130 the need for a k3 is rare.

How can that be?  The average I-130 as reported by other VJ members, is roughly a year:

 

[OldUser 6,548]

2 hours ago, Nnnnnn said:

I am not suggesting you are wrong, from the little research I have done it seems that the wait time is not this length. Also, there is mention of applying for an employment authorisation. 

Did you check processing times during the research?

https://egov.uscis.gov/processing-times/

 

At the time of posting:

California - 5.5 months

NBC - 8.5 months

Nebraska - 4 months

Texas - 4 months

Vermont - 10.5 months

 

You don't get to pick the service center. Depending on your luck you can be done in 4 or 10.5 months.

 

 

 

 

Edited November 23, 2023 by OldUser

[Nina-1 4]

2 hours ago, Crazy Cat said:

How can that be?  The average I-130 as reported by other VJ members, is roughly a year:

 

I’m just quoting the website. 
 

 

[Nina-1 4]

2 hours ago, OldUser said:

Did you check processing times during the research?

https://egov.uscis.gov/processing-times/

 

At the time of posting:

California - 5.5 months

NBC - 8.5 months

Nebraska - 4 months

Texas - 4 months

Vermont - 10.5 months

 

You don't get to pick the service center. Depending on your luck you can be done in 4 or 10.5 months.

 

 

 

 

This is for the k3 right? I’ve done so much reading my brain is melting! It’s very confusing. I want to apply in the hope it’s quicker. Is there a thread for?