Mrtravel

Madelon Mottet wrote:
    > People who are doing this marry in the US and do not leave. The reason why
    > they file for a K3 is that it takes much less time than the I-130 (probably
    > about a 6-7 month difference). There has been some type of determination
    > that reunification of married couples is more important than minor
    > infractions of immigration law that occur when people do this.

You are still confusing things. If they are in the country and do not
leave, then they don't file for K-3, since a K-3 is applied for in the
foreign country after the I-129F has been approved. Not only that, but
the K-3 must be issued in the country of marriage, which couldn't be the
US. If people enter on a tourist visa and marry, they can file
I-130/I-485 to adjust status, but this has nothing to do with K-3.

A K-3 is a visa. People already in the US that are adjusting status
don't need a visa, because they don't need a K-3 to get them into the US
as they are already her.

MrsLondon

I would add that you should also take into consideration how long it takes to AOS with both the K1 or K3 route.
Btw, anyone know WHY the K3 is a NON-immigrant visa? I can understand why the K1 is: you may not end up getting married. You AOS because your status changes-- fianceé to spouse. But why do you have to AOS with K3?

cindyabs

Probably because you file a 130 in order to get the K3 and the 130 is the REAL immigrant visa.

Madelon Mottet

People are getting married in the US and filing for a K3. Yes they are
already in the US but they cannot work, and many have gone out of status.
Yes they do file to adjust status, but this procedure takes far longer than
the K3 procedure which will allow them to be working about 6 months faster.

Getting an I-130 approved for a spouse through the Nebraska Service Center
is currently taking 13+ months and then another 3 months for the Interview
procedure.

Madelon

    > You are still confusing things. If they are in the country and do not
    > leave, then they don't file for K-3, since a K-3 is applied for in the
    > foreign country after the I-129F has been approved. Not only that, but
    > the K-3 must be issued in the country of marriage, which couldn't be the
    > US. If people enter on a tourist visa and marry, they can file
    > I-130/I-485 to adjust status, but this has nothing to do with K-3.
    > A K-3 is a visa. People already in the US that are adjusting status
    > don't need a visa, because they don't need a K-3 to get them into the US
    > as they are already her.

Dekka's Angel

The only way they can be getting a K-3 under the circumstances you describe is to be deliberately misrepresenting on the I-129 forms where the foreign spouse is living (i.e. saying s/he is still outside the country). If they state that they are currently living in the US, they are facially not eligible for a K-3 because that is a visa that allows you to *enter* the country. It is not residency, and it is conditioned on already having an I-130 filed for the foreign spouse.

So how are these folks getting one? Fraud on BCIS?

Dekka's Angel

Because there already is an immigrant visa application for spouses: the I-130. The K-3 was a belated, temporary workaround intended to reduce separation time between spouses until the real immigration petition could be adjudicated. That's why it can be processed so quickly.

cindyabs

Good question, not to mention the K3er would have to get the info from the Consulate and most likely go to the Consulate for the interview and then of course go and get the medical exam done and this would all be sent to the FOREIGN address not a US one.
I don't know this reminds me of the mother saying to her child years ago. Clean your plate, there are people in China who are starving!!! The wise ass child responds: Ok, name me two of them.............. I would have to say the same Madelon, do you know this for a fact?

Debbie

Yes you are right. They much more like people apply for K1 to enter US
to get married rather than you go there as a visiter and get married
in the state.

However this is not written on the paper and nobody say no when you go
ahead to get the marriage license at the local US government office.

The best thing to do is not making any move before you get your K1/K3
visa. Things changes all the time. The best thing for some
not-important little people to do is not making any move when some
important people tell you to do so.

Good luck for all the married or intending to be married applicants!