californian

The K-3 has been widely considered pointless for some time. It is my understanding, that towards the end of 2007 and the beginning of 2006 the USCIS, Chicago Lock Box was backlogged with I-130s. Service Centres were taking months to send receipts for I-130s, thus delaying the submission of I-129s (for K-3 purposes). It is also my understanding that this situation has been resolved.

Our I-130 was receipted on February 19th. We received the receipt shortly thereafter and submitted the I-129 which was receipted on March 4th. On June 4th, the California Service Centre issued NOAs for both! We were obviously extremely excited and surprised. Even though the I-130 was approved, the USCIS didn't feel the need to cancel the I-129. Which was fortunate, b/c the I-130 will spend a further 2-3 months with the NVC, while the K-3 can be processed pretty much immediately by the IVU at the Embassy.

I know a lot of people would argue that if a person in a situation like ours went the K-3 route and adjusted status in the US they would add a considerable wait time to their pending CR-1/Green Card. However, I think I feel it important to state that the K-3 will (cross your fingers be issued 2-3 months earlier than the CR-1. Whilst the Applicant would not be able to work in the US for that period of time, he or she would be rejoined with their spouse earlier than the CR-1 would allow.

Again, many people would argue, why not just visit on the VWP? Let's be honest, its risky! While I don't doubt that may people with pending I-130s and/or CR-1 visas make it through the point of entry, secondary questioning or worst (gasp*) being turned back at the point of entry is not a risk I would want to take! You will forever need to check on your landing card that you were once refused entry into the US and this could haunt you for the rest of your life (well maybe that is slightly dramatic).

I do wonder, and maybe some of the laywers out there would like to offer some advice, if the K-3 is issued and we file the EAD in the states if the IVU in London can/will still process the CR-1? I have the distinct feeling that it would go a lot quicker than adjusting status!

ian-mstm

It would be nice if true... can you cite where you heard this?


Generally, that's always been true, so it's not something new!


Many people feel that the long-term gain outweighs the extra short-term separation. It is perfectly okay for you not to feel this same way. We all have our reasons for doing things the way we want.


My understanding is that processing will stop, since the goal of both routes is a visa to enter the US. That you also receive a GC when you enter with the CR-1 is, largely, irrelevant from USCIS' POV.

Ian

Folinskyinla

Hi:

Case by case -- it depends what the particular couple wants. Also, processing times change -- "your mileage may vary."

Do note that the K-3 petition cannot be approved until after the I-130 is filed and receipted -- and then it is a no-charge application. If one wants options, you can file both.

Also, K-3's need NOT adjust -- they can still process for a visa.

On the VWP visa express -- it does happen to be illegal. And on giving advice here, as one who went to law school -- the law of criminal conspiracy is frightening. I haven't heard of it happening YET in the immigration arena, but there have been prosecutions in the tax arena for internet "advice" on how to break the law.

californian

After receiving our I-130 receipt, I checked the USCIS's website. At the time it said they were up to date with issuing receipts. I hope this is still true!

I agree. This is a personal choice. I just wanted to share my experience and thoughts with anyone who is considering the K-3 as a means of being reunited ASAP.

Thanks, that is very helpful.

I hope you don't think I was advocating visiting on the VWP whilst processing. I wasn't aware that it was illegal. However, I would never advise this and am certainly not in a position to give advise --- only share my experiences. I do know that you are obligated to tell the Immigration Officer at the point of entry, via your landing card, that you are processing an Immigrant visa.

meauxna

I think you and MrF misunderstood each other.

It it NOT illegal to visit the US on a VWP or B visa only because you have an I-130 or I-129f pending.

There is no where on the 'landing card' (I-94?) to state you're processing an IV.

It is illegal to arrive as a visitor when you really intend to adjust status and stay on that 'visit'.

californian

I thought it was there along with "have you ever been convicted of a crime"? My husband thought he recalled that question on his landing card.

I stand corrected by more knowledgable folks.

californian

I think we did misunderstand eachother, as Meauxna mentioned. I was not referring to going to the US on VWP and then adjusting status. I was stating that it was risky to attempt to enter the US on VWP whilst an immigrant visa application is pending. I say this because, as you point out, some people illegally plan to adjust status. The immigration officer may suspect this is your motive and turn you around, even if you are in fact planning a short visit.

Which is why I wanted to take the opportunity to explain that the K-3 may be a good option for people wanting to reunite with their spouses as soon as possible.

meauxna

That is very kind of you, but K-3 processing is so erratic at the moment that I don't think its suitable for anyone. Except maybe the Canadians.

californian

I agree that processing is erratic. But it's free! So if it doesn't work out --- no harm, no fowl, I figure.

I wanted to share an example of how it may work to reunite couples. As I said our I-129 was receipted March 4th (3 weeks after the I-130) and my husband's interview date is set for July 21st. If all goes well, he will receive the K-3 in just under 5 months.

fatbrit

I think that AILA conference may affect you -- haven't seen this mentioned since....well this time last year actually.

BritishGuy36

I was under the distinct impression that someone with a green card doesn't need to fill in an I-94 when entering the US.

Am I incorrect?

Hence even if refused on the VWP it wouldn't matter as soon as your visa is approved.

fatbrit

Yep! Although it's sometimes easier to fill one out to keep the trolly dollies happy, then screw it up and hide it in your pocket before you get to the booth.

meauxna

Unless the people were counting on it, and their case was delayed even further.

I appreciate that it worked for you and that you'd like to help others. My comment is after viewing a high number of folks who were burned by it. Jeffmich here was one person.

Her case is a good example of the other problem with the K-3; if you've got a child you plan on having get a K-4, but your I-129f gets administratively canceled and you're left with no I-130 on file for the child, everyone waits while the new I-130 goes in and gets joined up.

It used to be common practice to let both petition types run and take the faster one. However, this can work against the K-3 who wants to go back 'home' for Immigrant Visa processing.

californian

We are thinking of doing this. Can you explan how the K-3 can work against the person wanting to process the IV at home?

meauxna

Once you commit to the K-3 path by submitting an I-129f on top of the I-130, that I-130 becomes committed to the K-3 visa and a subsequent Adjustment of Status application.

If you do not want to apply for AOS after arriving in the US, you must submit a 'change order' (I-824 iirc) at unknown processing time and cost of +$200. Also, the 2 Service Centers have been handling K-3 cases differently, tho I suspect that has ended now.

I don't even know how to tell you to research how to choose which method. Which country is your foreign spouse in? Is your US District Office particularly slow? Why do you want to pursue this particular visa? What's your optimal plan?