K3 Visa
May 22nd 2003, 1:00 pm
#1
Guest
Posts: n/a
K3 Visa
Hello, My wife is a canadian Immigrant and she was here in USA many
times and went to Canada and has the stamp for the entry and exit
from USA. Now as Canadian immigrants needs a US visa to come here
she has to apply for the Visit Visa. But the problem is that I have
a green card and have never apply for her as I was waiting for my
citizenship (my citizenship interview is on 1st of July 2003). so my
question is which option do I choose or if there is anyother someone
can suggest.
1- Have her apply for the US visit visa and right down that I am her
husband living in USA and taht she has been in USA many times and
have no intention to be immigrant (as i never applied for her). So
if she gets the visa then come here and after i become the citizen I
will apply for her change of status. And if she does not get the
visa and get refused then she needs to wait for me to become a
citizen and then I will apply for her K3/K4 visa.
2- Not to apply for the visit visa and just wait for me to be come
citizen and then I apply for her K3/K4 visa. But this will take long
as after the interview it takes about 2 months to get the certificate
and abut 3-4 months to get the process done for K3 visa (i think for
Pakistan).
So any suggestion or insight please let me know. also for any time
line for the K3 visa process. Can i apply for I-130 now to save time
or it does not matter????
Thanks.
times and went to Canada and has the stamp for the entry and exit
from USA. Now as Canadian immigrants needs a US visa to come here
she has to apply for the Visit Visa. But the problem is that I have
a green card and have never apply for her as I was waiting for my
citizenship (my citizenship interview is on 1st of July 2003). so my
question is which option do I choose or if there is anyother someone
can suggest.
1- Have her apply for the US visit visa and right down that I am her
husband living in USA and taht she has been in USA many times and
have no intention to be immigrant (as i never applied for her). So
if she gets the visa then come here and after i become the citizen I
will apply for her change of status. And if she does not get the
visa and get refused then she needs to wait for me to become a
citizen and then I will apply for her K3/K4 visa.
2- Not to apply for the visit visa and just wait for me to be come
citizen and then I apply for her K3/K4 visa. But this will take long
as after the interview it takes about 2 months to get the certificate
and abut 3-4 months to get the process done for K3 visa (i think for
Pakistan).
So any suggestion or insight please let me know. also for any time
line for the K3 visa process. Can i apply for I-130 now to save time
or it does not matter????
Thanks.
May 22nd 2003, 3:28 pm
#2
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Yes you can file an I-130 now and once you are Naturalized you can have the petition upgraded. Then you can file the K-3 if you think that this will be faster depending upon how long the Service Center is taking to process I-130's.
May 22nd 2003, 3:32 pm
#3
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
You say that your Citizenship interview is a couple of months away - you may have serveral more months to wait until the actual oath ceremony from what I understand and only after having taken the oath are you actually Naturalized and so can obtain a Certificate of Naturalization.
May 23rd 2003, 5:30 pm
#4
Guest
Posts: n/a
Re: K3 Visa
You can certainly try option 1, but there is a very strong chance of
denial. The one thing that will work in her favor is having a track record
of travelling to the US and returning to Canada.
I notice that another poster suggested filing an I-130 BEFORE you are
naturalized. I would advise against that, because such an I-130 can take a
VERY long time to process (I hear that Texas, for instance, currently
takes around five years or more). Instead, file it right after you are
naturalized. Such I-130s will still take a while, but not quite as bad.
On Thu, 22 May 2003 18:00:34 -0700, gooodday wrote:
> Hello, My wife is a canadian Immigrant and she was here in USA many
> times and went to Canada and has the stamp for the entry and exit from
> USA. Now as Canadian immigrants needs a US visa to come here she has to
> apply for the Visit Visa. But the problem is that I have a green card
> and have never apply for her as I was waiting for my citizenship (my
> citizenship interview is on 1st of July 2003). so my question is which
> option do I choose or if there is anyother someone can suggest.
>
> 1- Have her apply for the US visit visa and right down that I am her
> husband living in USA and taht she has been in USA many times and have
> no intention to be immigrant (as i never applied for her). So if she
> gets the visa then come here and after i become the citizen I will apply
> for her change of status. And if she does not get the visa and get
> refused then she needs to wait for me to become a citizen and then I
> will apply for her K3/K4 visa.
>
> 2- Not to apply for the visit visa and just wait for me to be come
> citizen and then I apply for her K3/K4 visa. But this will take long as
> after the interview it takes about 2 months to get the certificate and
> abut 3-4 months to get the process done for K3 visa (i think for
> Pakistan).
>
> So any suggestion or insight please let me know. also for any time line
> for the K3 visa process. Can i apply for I-130 now to save time or it
> does not matter????
>
> Thanks.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
denial. The one thing that will work in her favor is having a track record
of travelling to the US and returning to Canada.
I notice that another poster suggested filing an I-130 BEFORE you are
naturalized. I would advise against that, because such an I-130 can take a
VERY long time to process (I hear that Texas, for instance, currently
takes around five years or more). Instead, file it right after you are
naturalized. Such I-130s will still take a while, but not quite as bad.
On Thu, 22 May 2003 18:00:34 -0700, gooodday wrote:
> Hello, My wife is a canadian Immigrant and she was here in USA many
> times and went to Canada and has the stamp for the entry and exit from
> USA. Now as Canadian immigrants needs a US visa to come here she has to
> apply for the Visit Visa. But the problem is that I have a green card
> and have never apply for her as I was waiting for my citizenship (my
> citizenship interview is on 1st of July 2003). so my question is which
> option do I choose or if there is anyother someone can suggest.
>
> 1- Have her apply for the US visit visa and right down that I am her
> husband living in USA and taht she has been in USA many times and have
> no intention to be immigrant (as i never applied for her). So if she
> gets the visa then come here and after i become the citizen I will apply
> for her change of status. And if she does not get the visa and get
> refused then she needs to wait for me to become a citizen and then I
> will apply for her K3/K4 visa.
>
> 2- Not to apply for the visit visa and just wait for me to be come
> citizen and then I apply for her K3/K4 visa. But this will take long as
> after the interview it takes about 2 months to get the certificate and
> abut 3-4 months to get the process done for K3 visa (i think for
> Pakistan).
>
> So any suggestion or insight please let me know. also for any time line
> for the K3 visa process. Can i apply for I-130 now to save time or it
> does not matter????
>
> Thanks.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 23rd 2003, 6:03 pm
#5
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
If he files the I-130 now he can have the petition upgraded once he beomes a USC. As soon as he does this and recieves confirmation that this has been done he can file for the K-3.
When the petition is upgraded it will be moved into the faster stream for IR processing, it may not save him any time as I'm unsure if the petition could retain it's priority date but it shouldn't hurt him any.
Is the TSC's time for I-130 processing for spouses of LPR's five years or is that the time the petiton sits at the NVC waiting for it's priority date to become current so that a visa number is available?
When the petition is upgraded it will be moved into the faster stream for IR processing, it may not save him any time as I'm unsure if the petition could retain it's priority date but it shouldn't hurt him any.
Is the TSC's time for I-130 processing for spouses of LPR's five years or is that the time the petiton sits at the NVC waiting for it's priority date to become current so that a visa number is available?
May 24th 2003, 8:02 pm
#6
Guest
Posts: n/a
Re: K3 Visa
Unfortunately, upgrading the petition is supposed to not affect processing
time. It would legally be considered a petition for an immediate relative,
but it would continue to sit on the shelf for however long it would have
been originally. At least, that is what I have heard reported. I won't
rule out that an upgrade may sometimes accelerate the petition, but I
would not bet on it. So far, I have not heard of anything that would
indicate that it ever works. BTW, the priority date wouldn't matter any
more after naturalization since immediate relatives are always current.
Somebody recently reported here that the priority date for the spouse had
become current, and the petition was still pending at TSC!
On Sat, 24 May 2003 06:03:06 +0000, lairdside wrote:
> If he files the I-130 now he can have the petition upgraded once he
> beomes a USC. As soon as he does this and recieves confirmation that
> this has been done he can file for the K-3.
>
> When the petition is upgraded it will be moved into the faster stream
> for IR processing, it may not save him any time as I'm unsure if the
> petition could retain it's priority date but it shouldn't hurt him any.
>
> Is the TSC's time for I-130 processing for spouses of LPR's five years
> or is that the time the petiton sits at the NVC waiting for it's
> priority date to become current so that a visa number is available?
>
> --
> Posted via http://britishexpats.com
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
time. It would legally be considered a petition for an immediate relative,
but it would continue to sit on the shelf for however long it would have
been originally. At least, that is what I have heard reported. I won't
rule out that an upgrade may sometimes accelerate the petition, but I
would not bet on it. So far, I have not heard of anything that would
indicate that it ever works. BTW, the priority date wouldn't matter any
more after naturalization since immediate relatives are always current.
Somebody recently reported here that the priority date for the spouse had
become current, and the petition was still pending at TSC!
On Sat, 24 May 2003 06:03:06 +0000, lairdside wrote:
> If he files the I-130 now he can have the petition upgraded once he
> beomes a USC. As soon as he does this and recieves confirmation that
> this has been done he can file for the K-3.
>
> When the petition is upgraded it will be moved into the faster stream
> for IR processing, it may not save him any time as I'm unsure if the
> petition could retain it's priority date but it shouldn't hurt him any.
>
> Is the TSC's time for I-130 processing for spouses of LPR's five years
> or is that the time the petiton sits at the NVC waiting for it's
> priority date to become current so that a visa number is available?
>
> --
> Posted via http://britishexpats.com
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 24th 2003, 8:20 pm
#7
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: K3 Visa
Originally posted by Ingo Pakleppa
Unfortunately, upgrading the petition is supposed to not affect processing
time. It would legally be considered a petition for an immediate relative,
but it would continue to sit on the shelf for however long it would have
been originally. At least, that is what I have heard reported. I won't
rule out that an upgrade may sometimes accelerate the petition, but I
would not bet on it. So far, I have not heard of anything that would
indicate that it ever works. BTW, the priority date wouldn't matter any
more after naturalization since immediate relatives are always current.
Somebody recently reported here that the priority date for the spouse had
become current, and the petition was still pending at TSC!
On Sat, 24 May 2003 06:03:06 +0000, lairdside wrote:
> If he files the I-130 now he can have the petition upgraded once he
> beomes a USC. As soon as he does this and recieves confirmation that
> this has been done he can file for the K-3.
>
> When the petition is upgraded it will be moved into the faster stream
> for IR processing, it may not save him any time as I'm unsure if the
> petition could retain it's priority date but it shouldn't hurt him any.
>
> Is the TSC's time for I-130 processing for spouses of LPR's five years
> or is that the time the petiton sits at the NVC waiting for it's
> priority date to become current so that a visa number is available?
>
> --
> Posted via http://britishexpats.com
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
Unfortunately, upgrading the petition is supposed to not affect processing
time. It would legally be considered a petition for an immediate relative,
but it would continue to sit on the shelf for however long it would have
been originally. At least, that is what I have heard reported. I won't
rule out that an upgrade may sometimes accelerate the petition, but I
would not bet on it. So far, I have not heard of anything that would
indicate that it ever works. BTW, the priority date wouldn't matter any
more after naturalization since immediate relatives are always current.
Somebody recently reported here that the priority date for the spouse had
become current, and the petition was still pending at TSC!
On Sat, 24 May 2003 06:03:06 +0000, lairdside wrote:
> If he files the I-130 now he can have the petition upgraded once he
> beomes a USC. As soon as he does this and recieves confirmation that
> this has been done he can file for the K-3.
>
> When the petition is upgraded it will be moved into the faster stream
> for IR processing, it may not save him any time as I'm unsure if the
> petition could retain it's priority date but it shouldn't hurt him any.
>
> Is the TSC's time for I-130 processing for spouses of LPR's five years
> or is that the time the petiton sits at the NVC waiting for it's
> priority date to become current so that a visa number is available?
>
> --
> Posted via http://britishexpats.com
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 24th 2003, 8:24 pm
#8
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: K3 Visa
Originally posted by Ingo Pakleppa
Somebody recently reported here that the priority date for the spouse had
become current, and the petition was still pending at TSC!
Somebody recently reported here that the priority date for the spouse had
become current, and the petition was still pending at TSC!
I know only too well from personal experience about the difference between what the BCIS is supposed to do and what often actually happens..........
May 25th 2003, 11:21 am
#9
Guest
Posts: n/a
Re: K3 Visa
lairdside wrote in message news:...
> Originally posted by Ingo Pakleppa
> >
> >
> > Somebody recently reported here that the priority date for the
> > spouse had
> > become current, and the petition was still pending at TSC!
> >
> >
>
> Ouch that's nasty - but from TSC I'd believe it. People are waiting 2
> years for them to process IR I-130's.
>
> I know only too well from personal experience about the difference
> between what the BCIS is supposed to do and what often actually
> happens..........
Thanks for your responses I think I will apply afetr I become the
citizen as it seems like that's the best way to go about it the other
way might or might not say the time so not to take a risk......
Another question is if she get the visitor visa anyhow and she come
over here with my daughter can I apply for her change of status after
becoming a citizen and she be here legally. Do I need to pay any
penalty or any risk involve is Change of status as she be coming here
on vistor visa?????
Thanks in advance...
> Originally posted by Ingo Pakleppa
> >
> >
> > Somebody recently reported here that the priority date for the
> > spouse had
> > become current, and the petition was still pending at TSC!
> >
> >
>
> Ouch that's nasty - but from TSC I'd believe it. People are waiting 2
> years for them to process IR I-130's.
>
> I know only too well from personal experience about the difference
> between what the BCIS is supposed to do and what often actually
> happens..........
Thanks for your responses I think I will apply afetr I become the
citizen as it seems like that's the best way to go about it the other
way might or might not say the time so not to take a risk......
Another question is if she get the visitor visa anyhow and she come
over here with my daughter can I apply for her change of status after
becoming a citizen and she be here legally. Do I need to pay any
penalty or any risk involve is Change of status as she be coming here
on vistor visa?????
Thanks in advance...
May 25th 2003, 12:40 pm
#10
Guest
Posts: n/a
Re: K3 Visa
On Sun, 25 May 2003 16:21:33 -0700, gooodday wrote:
> lairdside wrote in message news:...
>> Originally posted by Ingo Pakleppa
>> >
>> >
>> > Somebody recently reported here that the priority date for the
>> > spouse had
>> > become current, and the petition was still pending at TSC!
>> >
>> >
>>
>> Ouch that's nasty - but from TSC I'd believe it. People are waiting 2
>> years for them to process IR I-130's.
>>
>> I know only too well from personal experience about the difference
>> between what the BCIS is supposed to do and what often actually
>> happens..........
>
>
> Thanks for your responses I think I will apply afetr I become the
> citizen as it seems like that's the best way to go about it the other
> way might or might not say the time so not to take a risk......
>
> Another question is if she get the visitor visa anyhow and she come
> over here with my daughter can I apply for her change of status after
> becoming a citizen and she be here legally. Do I need to pay any
> penalty or any risk involve is Change of status as she be coming here
> on vistor visa?????
>
> Thanks in advance...
There is no harm in trying. Yes, there is a good chance the visitor's visa
will be denied (I'd say, 50/50 chance), but then you still would be no
worse off than you are now. Your daughter would need a tourist visa of her
own (unless she is a US citizen), and it is not unheard of that they would
approve one and deny the other to ensure compliance with the laws.
If the tourist visa is approved, she can enter the US and eventually apply
for adjustment of status - although that can be kind of iffy. I would
recommend hiring an attorney. Attorneys sometimes file a fraud waiver in
such cases, since entering the US as a tourist with the intention of
adjusting status is technically immigration fraud.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> lairdside wrote in message news:...
>> Originally posted by Ingo Pakleppa
>> >
>> >
>> > Somebody recently reported here that the priority date for the
>> > spouse had
>> > become current, and the petition was still pending at TSC!
>> >
>> >
>>
>> Ouch that's nasty - but from TSC I'd believe it. People are waiting 2
>> years for them to process IR I-130's.
>>
>> I know only too well from personal experience about the difference
>> between what the BCIS is supposed to do and what often actually
>> happens..........
>
>
> Thanks for your responses I think I will apply afetr I become the
> citizen as it seems like that's the best way to go about it the other
> way might or might not say the time so not to take a risk......
>
> Another question is if she get the visitor visa anyhow and she come
> over here with my daughter can I apply for her change of status after
> becoming a citizen and she be here legally. Do I need to pay any
> penalty or any risk involve is Change of status as she be coming here
> on vistor visa?????
>
> Thanks in advance...
There is no harm in trying. Yes, there is a good chance the visitor's visa
will be denied (I'd say, 50/50 chance), but then you still would be no
worse off than you are now. Your daughter would need a tourist visa of her
own (unless she is a US citizen), and it is not unheard of that they would
approve one and deny the other to ensure compliance with the laws.
If the tourist visa is approved, she can enter the US and eventually apply
for adjustment of status - although that can be kind of iffy. I would
recommend hiring an attorney. Attorneys sometimes file a fraud waiver in
such cases, since entering the US as a tourist with the intention of
adjusting status is technically immigration fraud.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 25th 2003, 2:26 pm
#11
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
It IS immigration fraud but if pre-concieved immigrant intent is the ONLY negative equity in an AOS case of the immediate relative of a USC and where significant positive equities are present, a grant of AOS is warranted as a matter of discretion.
Matter of Calvados (January 8, 1980)
http://www.usdoj.gov/eoir/vll/intdec/vol17/2750.pdf
Matter of Calvados (January 8, 1980)
http://www.usdoj.gov/eoir/vll/intdec/vol17/2750.pdf
