Several questions about I-130/K3

[danielandlana 0]

Hi Everyone,

I have been following this site for a while but now I have some actual questions and thought I would register to ask

I (Daniel) have both Canadian and American citizenship (through parents) but have lived in Canada only. So I am a citizen but not a resident (yet). Lana (wife) (Canadian citizen only) and I got married in Jamaica in January 2012.

Recently I was offered and subsequently accepted a job transfer to Missouri. We immediately petitioned for the I-130 (dates on timeline) and received NOA1 May 8.

Daniel is moving down in June. We were simply planning on letting the I130 complete, with Lana joining as a visitor early July, with hope that the I130 is processed before a 6 month visitor permit expires.

Now.

(1) Would it be worthwhile to apply for a K3? I noticed you need to petition in the country of where the marriage occurred, so (2) would that mean Jamaica? (3) Or perhaps would an IR1/CR1 be more beneficial?...although it was noted that this needs to be completed OUTSIDE of the US and we were hoping to have Lana down ASAP.

We aren't concerned with Lana being allowed to work; simply with her being allowed to live in the country legally. We do have an 'immigration package' prepared to present customs/border protection to hopefully allow her into the country.

(4) Although I do not require a work visa to enter/work in the US, would there be any documentation my company could provide to allow her reside in the US under my citizenship?

Thanks everyone for your assistance! Much like everyone, we simply want to follow the fastest route

[Harpa Timsah 13,258]

1. K3 doesn't exist anymore, so no.

2. no, doesn't exist.

3. I-130 will lead to a CR1.

Lana cannot move with you on a visitor visa. Visitor visas are for visiting only. She can come and visit but she will need to return to Canada to finish her spousal visa process.

If you try to move illegally on a tourist visa then the border patrol can and will deny her entry to the US.

[Inky 1,111]

If you produce an immigration package at the border you will be stopped and sent back. They wont let her in. She has to apply properly for immigration and showing up at the border showing immigration intent with no immigrant visa will 100% result in a denied entry.

She cannot reside in the US under your citizenship at all. There is no such thing.

[danielandlana 0]

Thanks for the replies and advice. When I spoke with USCIS they had recommended a K3 Visa. If the K3 has been rendered obsolete is there an alternative visa for spouses? If I apply for an I-129F/I-129s what happens then?

Thanks again!

[Inky 1,111]

Thanks for the replies and advice. When I spoke with USCIS they had recommended a K3 Visa. If the K3 has been rendered obsolete is there an alternative visa for spouses? If I apply for an I-129F/I-129s what happens then?

Thanks again!

No there is no other visa for spouses. You cannot apply for an I-129F you are not eligible it is for unmarried persons only.

[NikLR 13,228]

1. K3 doesn't exist anymore, so no.

2. no, doesn't exist.

3. I-130 will lead to a CR1.

Lana cannot move with you on a visitor visa. Visitor visas are for visiting only. She can come and visit but she will need to return to Canada to finish her spousal visa process.

If you try to move illegally on a tourist visa then the border patrol can and will deny her entry to the US.

Actually a K3 does exist, it's just rare to have one granted.

Someone from Canada actually had their i-129F make it to the NVC before the I-130 and it was sent on. The Montreal Consulate closed the I-129F because there was an approved I-130 on file. So the chances of getting a K3 through the Montreal consulate are pretty much nil. But it still exists. I talked to someone actually who had one approved in the last year, I can't remember their name, but it was in Asia... (Big continent I know... sorry!)

The only option for a married couple besides the K3 is the IR1/CR1. She would be a CR1 because you guys probably will be married for less than 2 years when she finally moves to the USA.

[Harpa Timsah 13,258]

I know the nuances of its "existence" but personally I think for a confused person mentioning that whole story only confused them more. The bottom line is it is unobtainable.

[NikLR 13,228]

Pretty much... especially for a Canadian.

To me the story is important because I'd want to know why it's a waste of my time. I treat others as I wish to be treated. Others, however, may not care about how or why this is not a possible route for them. I get it.

[TBoneTX 45,649]

*** Thread moved from K-3 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***

[xmarc 0]

I applied for I130 back in Feb and got my NOA1 after couple of weeks. People advised me to file for K3 as well for number of reasons 1- it will expedite the process 2- its free 3- it doesnt hurt caz if the I130 is approved first then K3 will be discarded. So I did file for K3 in March. NOA1 was the last notification I received from USCIS - I called my congressman, senator, USCIS customer service and tried to check online for the status update but had no luck (my receipt number was MSC and USCIS doesnt update MSC numbers for some reason) Today I got an appointment for a local office and met with an officer. I was told that my case was on hold because my spouse already has an alien number. Upon further investigation we found out that K3 application assigned her with an alien number already and caused delay in the I130 process otherwise it would have been approved by now.

so my advice to everybody who is thinking about going the K3 route ..... DONT !!! Just file I130 and wait for it. Dont confuse them - they are simple ppl and get confused very EASILY.

Goodluck!