miami078

Hi everyone


Just a few questions regarding the K3 or immigration visa (stand alone I-130)

My boyfriend (Us citizen) and I (UK citizen) are due to marry this October. My fiancée is currently over here in the UK on a student visa which runs out in March when he will have to leave the UK.

We contacted VISAPRO to ask advice regarding which visa to apply for. Obviously may aim is to move over there asap (particularly as I am waiting to start my masters in the US and have put my education on hold until this is all sorted. Until I can join my fincee in the states my life is pretty much on hold and my fiancee has to return to the US to look for work - therefore being apart and plans on hold are the two main concerns for us both.

I had thought the I-130 was more straight forward however VISAPRO suggested the K3 in order to get to the USA sooner. However from these forums I am hearing that the K3 is taking just as long? He lives in New Jersey and we will be moving to Pennsylvania.

A few questions:

1) is it worth waiting a little extra time for the I-130 particularly if as everybody says the K3 is taking just as long?
2) Can I visit the US whilst waiting for my visa? We are filing the day after the wedding in October and usually visit his family for Christmas. Plus I am also applying for university courses and will be required to attend interviews whilst waiting for the visa to process. I understand you can visit as long as you can prove you are not intending to stay there…..I don’t not have a permanent job (temping jobs) not do I have a contract with a landlord. The only proof would be things such as bank accounts which are still open, vehicle registration license to show I still own a car over here… would it be wise for me to visit?
3) How many people would recommend using an immigration lawyer? Our process seems quite straight forward. If people do recommend one are the companies online such as VISAPRO any good or could you recommend any others?
4) I know timescales vary depending on when submitting the application form and also where, but would it be wise of me to work of an approximate timescale of 10 – 12 months for either visa, when organising my plans for university?

I hope you can help

Miami078

ian-mstm

Absolutely, yes. With only the I-130, you receive a CR-1 visa which means you become a US permanent resident the day you enter the country. That means permission to work and travel from day one. On a K-3 visa, you might end up in the US a month or so sooner, but you have a further $1000 to shell out and perhaps another year or so of waiting to become a PR. You also then need to apply for permission to work and travel.


Yes. Be sure to bring evidence of your ties to the UK.


Unless you have "police" or "overstay" issues, many people go through the process without an attorney. An attorney can help you avoid "beginner" mistakes, but an attorney can not speed up the process at all. If using an attorney would help you sleep better at night, well... that's also important.


Yes... as long as you're aware that timelines are not reliable. Understand also that your "husband" will probably need to file the I-130 in the US. This will add several months to the process. If he's able to submit the I-130 in the UK, that'd be a bit quicker.

Ian

Folinskyinla

Hi:

Basic underlying point -- in order to file for the K-3, an I-130 must already be pending. The K-3 is a bastard of a visa which was created as a quick and dirty fix to the long delayed adjudication of I-130's. If that I-130 goes through quick, the K-3 will not really be necessary.

fatbrit

Weirdly enough, if you click on Consult an Attorney within their site, the subsequent link is blacklisted by stopbadware.org.

Click on "VisaPro's Experienced Immigration Attorneys" and you get pictures of the unnamed team (all the same two people) in cheesy group shots with Washington politicians.

All in all, it wouldn't be my cup of tea.

Noorah101

In my opinion, yes. The Immigrant Visa has many pros over the K-3. Mainly that you become a PR upon entry to the USA, with no further immediate immigration paperwork or expense.

Yes, you are allowed to visit while the visa process is ongoing. As you said, as long as you can prove you don't intend to stay, you have a chance of being admitted.

I started out the K-1 visa with a lawyer but quickly realized I could do it all myself, we had a very straightforward case. If you DO choose to use a professional, don't use a service. Use a qualified immigration attorney only.

Yes, I think that's a very good timescale to work with. You might be pleasantly surprised to get your visa sooner, but best to think longer and not be disappointed.

Best Wishes,
Rene

Bluegrass Lass

Why has no one recommended them to look at DCF since the USC is living in the UK right now? Is it because, as a student, he's not seen as having residence? If he does qualify to do DCF, then she could be here in about 4-6months.

Noorah101

It's something they can attempt, but I am doubting that a student qualifies for DCF since he's only there temporarily, especially since his visa has an obvious expiration date.

Rene

miami078

Hi everybody
thank you all for your replies. with regards to DCF my fiance is a student and his student visa is due to run out in march 2009. because he is not classed as 'resident' Im not sure either if he is eligible for DCF but I will check this out.

miami078

Noorah101

Check it out, but don't be disappointed if it's a no-go.

Rene

meauxna

Save you the searching...

Instructions for Filing an I-130 & I-360 with the U.S. Citizenship & Immigration Services office in London

http://www.usembassy.org.uk/dhs/form...for_spouse.pdf

miami078

Just another question. If I was to go down the K3 route. Once in the USA how long does it usually take to apply for 'adjustment of status' and to basically end up in the same status as I would have on entering the USA on just the I-130? I hope this maked sense, to word it differently - how long to get immigrant visa. I had thought becuase the I-130 had already been filed before the K3, i was simply a case of waiting for it to process whilst in america? am I correct or is it more complicated that that?

are there any known cases where applying for the K3 has worked out better for some people, despite many advising that the K3 is becoming just as long a processing time?

Noorah101

It depends on the backlog at your local office, could be as little as 3 months, could be up to 12 or more. You can see processing times for the I-485 at your local office at www.uscis.gov, Processing Times.

When you go the K-3 route, you don't ever get an Immigrant Visa. You arrive on the K-3, then you apply for your adjustment of status to permanent resident, which gets you a green card. No Immigrant Visa involved.

A few years ago it was taking the I-130's literally years to process. The K-3 was a way of getting your spouse into the USA in under a year, so they could live and work in the USA while waiting for the I-130 to continue processing. Now the I-130's have sped up to under a year for processing, so there is no advantage to applying for the K-3. It doesn't bring you to the USA any (or very much) sooner than the Immigrant Visa.

Probably the last time it ended up beneficial to get the K-3 was several years ago. Although, for some very difficult embassies, a K-3 *might* work out better...but UK isn't one of those.

Rene

Noorah101

For the K-3 visa, an I-130 must first be filed. When the USC gets the receipt that the I-130 has been filed, they can file an I-129F towards the K-3 visa. After that, it's sort of a race...whichever one (I-130 or I-129F) gets APPROVED first, is the route the immigrant will take to get here. Sometimes, the I-130 is approved first, and the I-129F drops out of the picture, so no K-3. If the I-129F is approved first, you are locked into using the K-3, even if your I-130 gets approved shortly afterwards.

Rene

Noorah101

According to USCIS, Philadelphia PA is showing a 7-month processing time for the I-485.

https://egov.uscis.gov/cris/jsps/off...ectedOffice=55

Don't forget there is a $1,010 fee for filing AOS.

Rene

Folinskyinla

Hi Rene:

On what basis do you say this? I don't think it is a correct statement. A lot of people go back for that IV since it is often quicker than the adjustment route