K3 Visa - Will we be eligible?
Feb 4th 2001, 1:20 pm
#1
Guest
Posts: n/a
Having just read shusterman.com site about the new K3 visa - Jan30/01 memo - I am rather
confused. It was my understanding that it was just for those spouses that were already in
the U.S. but the non-US resident was not legally allowed to be in the states..... then I
read that this will apply to a U.S. citizen that is in the states and the spouse is in
another country awaiting their I-130 to be completed and thus now using the K3 would speed
their timeline up....... now I read that if both the US citizen and the spouse are in a
different country that they can use the K3 visa to speed up their I-130 application that
is already in process.......but only if it is at the NVC?
This is all so confusing. As some of you are aware, our petition was filed back in July
(I-130) at NSC and is still there awaiting its 2nd NOA..... therefore it is not with NVC
yet. We are both in Canada. Although we are together and not seperated by this process,
being on hold to continue our life in the US is not much fun either. So, my question would
be - with the above in mind, does anyone know enough about the new K3 visa to say that we
would be eligible to file this?
Looking forward to a positive response!!
Suzanne Canadian in Canada - snowing - as usual (-25C last night)
confused. It was my understanding that it was just for those spouses that were already in
the U.S. but the non-US resident was not legally allowed to be in the states..... then I
read that this will apply to a U.S. citizen that is in the states and the spouse is in
another country awaiting their I-130 to be completed and thus now using the K3 would speed
their timeline up....... now I read that if both the US citizen and the spouse are in a
different country that they can use the K3 visa to speed up their I-130 application that
is already in process.......but only if it is at the NVC?
This is all so confusing. As some of you are aware, our petition was filed back in July
(I-130) at NSC and is still there awaiting its 2nd NOA..... therefore it is not with NVC
yet. We are both in Canada. Although we are together and not seperated by this process,
being on hold to continue our life in the US is not much fun either. So, my question would
be - with the above in mind, does anyone know enough about the new K3 visa to say that we
would be eligible to file this?
Looking forward to a positive response!!
Suzanne Canadian in Canada - snowing - as usual (-25C last night)
Feb 6th 2001, 5:41 pm
#2
Guest
Posts: n/a
Hi Robert & Suzanne
This new Visa is meant for people like us.
I am also from Canada but my husband is in the US at this time. You would qualify for the
K3 visa…I am guessing of course that you were married in Canada so you could obtain the K3
Visa in Canada, as one of the guidelines state that the visa must be issued in the country
in which the marriage occurred.
According to the Cable on Shusterman’s site: “It is meant to be a speedy mechanism for the
spouse of a U.S. citizen to join that U.S. citizen spouse and obtain the immigrant
visa/status in the United States, rather than wait for long periods of time outside the
United States�
The cable also outlines that the K3 Visa will be issued for 10 years, multiple entries. To
me that would mean that you would not have to pursue the adjustment of status option if
you don’t want to and that you could still consular process. (no advance parole would be
needed since multiple entries permitted) and since the K3 will be valid for 10 years (not
90 days like the K1) you would have work authorization based on your K3 status and would
no have to apply for adjustment of status just for work authorization.
I have been following the new K3 visa issue and I will give you my opinion of it.
Shusterman seems to be an excellent source of information on this topic. It would seem to
me that the requirements for the K3 visa is only that the US citizen has filed the I-130
on for their spouse and the spouse is the beneficiary of the I-130 petition (in our case
“me�) and I am currently outside the US awaiting approval of the petition and/or the
availability of an immigrant visa. And of course has concluded a valid marriage with a US
citizen outside the US.
TEXT OF NEW LIFE AMENDMENT:
SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF CITIZENS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
(a) IN GENERAL- Section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)) is amended to read as follows: `(K) subject to subsections (d) and (p)
of section 214, an alien who-- `
(b) is the fiancee or fiance of a citizen of the United States and who seeks to enter the
United States solely to conclude a valid marriage with the petitioner within ninety
days after admission; `(ii) has concluded a valid marriage with a citizen of the
United States who is the petitioner, is the beneficiary of a petition to accord a
status under section 201(b)(2)(A)(i) that was filed under section 204 by the
petitioner, and seeks to enter the United States to await the approval of such
petition and the availability to the alien of an immigrant visa; or `(iii) is the
minor child of an alien described in clause (i) or (ii) and is accompanying, or
following to join, the alien;'.
(c) PROVISIONS AFFECTING NONIMMIGRANT STATUS Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184), as amended by section 2 of this Act, is further
amended by adding at the end the following: `(p)(1) A visa shall not be issued under
the provisions of section 101
(c)(1)(A)(i) until the consular officer has received a petition filed in the United States
by the spouse of the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as the Attorney
General shall, by regulation, prescribe. `(2) In the case of an alien seeking
admission under section 101(a)(15)
(K)(ii) who concluded a marriage with a citizen of the United States outside the United
States, the alien shall be considered inadmissible under section 212(a)(7)(B) if
the alien is not at the time of application for admission in possession of a valid
nonimmigrant visa issued by a consular officer in the foreign state in which the
marriage was concluded. `(3) In the case of a nonimmigrant described in section
101(a)(15)(K)
(L), and any child of such a nonimmigrant who was admitted as accompanying, or following
to join, such a nonimmigrant, the period of authorized admission shall terminate 30
days after the date on which any of the following is denied: `(A) The petition filed
under section 204 to accord the principal alien status under section 201(b)(2)(A)(i).
`(B) The principal alien's application for an immigrant visa pursuant to the approval
of such petition. `(C) The principal alien's application for adjustment of status under
section 245 pursuant to the approval of such petition.'.
Expansion of Fiancée Temporary Visa Category. The bill expands the use of the “K� visa,
which currently allows fiancées of U.S. citizens to enter the United States for the
purposes of getting married, to be used by spouses of U.S. citizens who are already
married and are waiting outside of the United States for the approval of their
immigrant visa petitions. Any minor children who are accompanying the spouse can be
included in the petition. In order to qualify the spouse and minor children must meet
the following criteria:
An immigrant visa petition must be previously filed. The law requires that the U.S.
citizen file an immigrant petition before a visa can be issued to the spouse abroad.
The K visa will allow the spouse abroad to enter the U.S. and await the approval of
the petition.
Shusterman’s interpretaion:
1) Recipient of the K visa must be outside of the United States. The law only
authorizes the visa to be issued by a consular officer outside of the United States.
There is no provision to “adjust status� for someone already in the United States in
an unlawful status.
2) The K visa petition must be filed in the United States. The petition for the K visa
must be filed in the United States by the U.S. citizen spouse. *according to the cable
this hasn't been decided upon yet.
3) Must have a valid non-immigrant visa at the time that the K visa is issued. Where the
marriage to the U.S. citizen occurred outside of the United States, the K visa
recipient must have a valid non-immigrant visa issued by the consulate where the
marriage occurred.
4) Available to current and future applicants. The bill provides that this new K status is
available both to individuals with currently pending green card petitions and future
applicants.
Work Authorization. Current law provides that K visa holders are permitted to work in the
United States. This provision would apply to these new K nonimmigrants as well.
In article <[email protected]>,
> Having just read shusterman.com site about the new K3 visa - Jan30/01 memo - I am rather
> confused. It was my understanding that it was just for those spouses that were already
> in the U.S. but the non-US resident was not legally allowed to be in the states.....
> then I read that this will apply to a U.S. citizen that is in the states and the spouse
> is in another country awaiting their I-130 to be completed and thus now using the K3
> would speed their timeline up....... now I read that if both the US citizen and the
> spouse are in a different country that they can use the K3 visa to speed up their I-130
> application that is already in process.......but only if it is at the NVC?
>
> This is all so confusing. As some of you are aware, our petition was filed back in July
> (I-130) at NSC and is still there awaiting its 2nd NOA..... therefore it is not with NVC
> yet. We are both in Canada. Although we are together and not seperated by this process,
> being on hold to continue our life in the US is not much fun either. So, my question
> would be - with the above in mind, does anyone know enough about the new K3 visa to say
> that we would be eligible to file this?
>
> Looking forward to a positive response!!
>
> Suzanne Canadian in Canada - snowing - as usual (-25C last night)
This new Visa is meant for people like us.
I am also from Canada but my husband is in the US at this time. You would qualify for the
K3 visa…I am guessing of course that you were married in Canada so you could obtain the K3
Visa in Canada, as one of the guidelines state that the visa must be issued in the country
in which the marriage occurred.
According to the Cable on Shusterman’s site: “It is meant to be a speedy mechanism for the
spouse of a U.S. citizen to join that U.S. citizen spouse and obtain the immigrant
visa/status in the United States, rather than wait for long periods of time outside the
United States�
The cable also outlines that the K3 Visa will be issued for 10 years, multiple entries. To
me that would mean that you would not have to pursue the adjustment of status option if
you don’t want to and that you could still consular process. (no advance parole would be
needed since multiple entries permitted) and since the K3 will be valid for 10 years (not
90 days like the K1) you would have work authorization based on your K3 status and would
no have to apply for adjustment of status just for work authorization.
I have been following the new K3 visa issue and I will give you my opinion of it.
Shusterman seems to be an excellent source of information on this topic. It would seem to
me that the requirements for the K3 visa is only that the US citizen has filed the I-130
on for their spouse and the spouse is the beneficiary of the I-130 petition (in our case
“me�) and I am currently outside the US awaiting approval of the petition and/or the
availability of an immigrant visa. And of course has concluded a valid marriage with a US
citizen outside the US.
TEXT OF NEW LIFE AMENDMENT:
SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF CITIZENS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
(a) IN GENERAL- Section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)) is amended to read as follows: `(K) subject to subsections (d) and (p)
of section 214, an alien who-- `
(b) is the fiancee or fiance of a citizen of the United States and who seeks to enter the
United States solely to conclude a valid marriage with the petitioner within ninety
days after admission; `(ii) has concluded a valid marriage with a citizen of the
United States who is the petitioner, is the beneficiary of a petition to accord a
status under section 201(b)(2)(A)(i) that was filed under section 204 by the
petitioner, and seeks to enter the United States to await the approval of such
petition and the availability to the alien of an immigrant visa; or `(iii) is the
minor child of an alien described in clause (i) or (ii) and is accompanying, or
following to join, the alien;'.
(c) PROVISIONS AFFECTING NONIMMIGRANT STATUS Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184), as amended by section 2 of this Act, is further
amended by adding at the end the following: `(p)(1) A visa shall not be issued under
the provisions of section 101
(c)(1)(A)(i) until the consular officer has received a petition filed in the United States
by the spouse of the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as the Attorney
General shall, by regulation, prescribe. `(2) In the case of an alien seeking
admission under section 101(a)(15)
(K)(ii) who concluded a marriage with a citizen of the United States outside the United
States, the alien shall be considered inadmissible under section 212(a)(7)(B) if
the alien is not at the time of application for admission in possession of a valid
nonimmigrant visa issued by a consular officer in the foreign state in which the
marriage was concluded. `(3) In the case of a nonimmigrant described in section
101(a)(15)(K)
(L), and any child of such a nonimmigrant who was admitted as accompanying, or following
to join, such a nonimmigrant, the period of authorized admission shall terminate 30
days after the date on which any of the following is denied: `(A) The petition filed
under section 204 to accord the principal alien status under section 201(b)(2)(A)(i).
`(B) The principal alien's application for an immigrant visa pursuant to the approval
of such petition. `(C) The principal alien's application for adjustment of status under
section 245 pursuant to the approval of such petition.'.
Expansion of Fiancée Temporary Visa Category. The bill expands the use of the “K� visa,
which currently allows fiancées of U.S. citizens to enter the United States for the
purposes of getting married, to be used by spouses of U.S. citizens who are already
married and are waiting outside of the United States for the approval of their
immigrant visa petitions. Any minor children who are accompanying the spouse can be
included in the petition. In order to qualify the spouse and minor children must meet
the following criteria:
An immigrant visa petition must be previously filed. The law requires that the U.S.
citizen file an immigrant petition before a visa can be issued to the spouse abroad.
The K visa will allow the spouse abroad to enter the U.S. and await the approval of
the petition.
Shusterman’s interpretaion:
1) Recipient of the K visa must be outside of the United States. The law only
authorizes the visa to be issued by a consular officer outside of the United States.
There is no provision to “adjust status� for someone already in the United States in
an unlawful status.
2) The K visa petition must be filed in the United States. The petition for the K visa
must be filed in the United States by the U.S. citizen spouse. *according to the cable
this hasn't been decided upon yet.
3) Must have a valid non-immigrant visa at the time that the K visa is issued. Where the
marriage to the U.S. citizen occurred outside of the United States, the K visa
recipient must have a valid non-immigrant visa issued by the consulate where the
marriage occurred.
4) Available to current and future applicants. The bill provides that this new K status is
available both to individuals with currently pending green card petitions and future
applicants.
Work Authorization. Current law provides that K visa holders are permitted to work in the
United States. This provision would apply to these new K nonimmigrants as well.
In article <[email protected]>,
> Having just read shusterman.com site about the new K3 visa - Jan30/01 memo - I am rather
> confused. It was my understanding that it was just for those spouses that were already
> in the U.S. but the non-US resident was not legally allowed to be in the states.....
> then I read that this will apply to a U.S. citizen that is in the states and the spouse
> is in another country awaiting their I-130 to be completed and thus now using the K3
> would speed their timeline up....... now I read that if both the US citizen and the
> spouse are in a different country that they can use the K3 visa to speed up their I-130
> application that is already in process.......but only if it is at the NVC?
>
> This is all so confusing. As some of you are aware, our petition was filed back in July
> (I-130) at NSC and is still there awaiting its 2nd NOA..... therefore it is not with NVC
> yet. We are both in Canada. Although we are together and not seperated by this process,
> being on hold to continue our life in the US is not much fun either. So, my question
> would be - with the above in mind, does anyone know enough about the new K3 visa to say
> that we would be eligible to file this?
>
> Looking forward to a positive response!!
>
> Suzanne Canadian in Canada - snowing - as usual (-25C last night)
Feb 6th 2001, 8:17 pm
#3
Guest
Posts: n/a
Hi,
If anyone can help I would greatly appreciate it. Let me explain my situation......
I am a US citizen who has gotten involved with a Canadian Citizen. We are planning
to get married in Edmonton, Alberta, Canada, (in May) but after that we will be
living in Florida, USA.
I have been looking into INS processing everything, but the whole thing might take
a year or more which is just too long to be apart. I found out information that I
could file the I-130 on the Canadian side (a consulate in Canada - Direct Consular
Filing (DCF)) which will be a bit faster than having the INS process it then send
it to the Canadian consulate. After doing it this way, the process would be at
least 3 months after we get married. But I found out today that none of the
Canadian Consulates do DCF anymore since there is an INS presense in Canada and it
needs to go through INS. I will try calling another number and confirming this,
but for now it stands.
I need to know if the I-130 should be processed on the US side or should I file a
petition for my soon to be wife or if the K3 visa would apply to us. I just need
to know what the process would be or any steps I should take to ensure that my
wife-to-be and I would not have to wait too long. I have been reading about the K3
visa (or is it K2) and I am not sure if this helps us out. It would be nice if
someone can assist us or at least point us in the right direction.
Thank you so much,
Bob
If anyone can help I would greatly appreciate it. Let me explain my situation......
I am a US citizen who has gotten involved with a Canadian Citizen. We are planning
to get married in Edmonton, Alberta, Canada, (in May) but after that we will be
living in Florida, USA.
I have been looking into INS processing everything, but the whole thing might take
a year or more which is just too long to be apart. I found out information that I
could file the I-130 on the Canadian side (a consulate in Canada - Direct Consular
Filing (DCF)) which will be a bit faster than having the INS process it then send
it to the Canadian consulate. After doing it this way, the process would be at
least 3 months after we get married. But I found out today that none of the
Canadian Consulates do DCF anymore since there is an INS presense in Canada and it
needs to go through INS. I will try calling another number and confirming this,
but for now it stands.
I need to know if the I-130 should be processed on the US side or should I file a
petition for my soon to be wife or if the K3 visa would apply to us. I just need
to know what the process would be or any steps I should take to ensure that my
wife-to-be and I would not have to wait too long. I have been reading about the K3
visa (or is it K2) and I am not sure if this helps us out. It would be nice if
someone can assist us or at least point us in the right direction.
Thank you so much,
Bob
Feb 6th 2001, 10:18 pm
#4
Guest
Posts: n/a
http://www.geocities.com/CapitolHill/Congress/2806/
Check out this site. It has been most helpful in explaining the process.
http://www2.apex.net/users/thehydes
This is Alvena's site, and it has TONS"s of info on it, and lots of links to other
sites as well.
Lisa B
Check out this site. It has been most helpful in explaining the process.
http://www2.apex.net/users/thehydes
This is Alvena's site, and it has TONS"s of info on it, and lots of links to other
sites as well.
Lisa B
