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K3 Or I-130?

K3 Or I-130?

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Old Aug 17th 2002, 9:48 pm
  #1  
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Default K3 Or I-130?

I was just reading some posts that seemed to indicate that you could apply for a K3 visa OR file an I-130, implying that was a different process. Isn't filing the I-130 the first step toward getting a K3, not a completely different method? The K Visa FAQ (http://www.txdirect.net/users/mike38/k1faq.htm) seemed to indicate that.

thanks,
-matthew
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Old Aug 18th 2002, 12:16 am
  #2  
Paul
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Default Re: K3 Or I-130?

Yes, the I-130 is the first form you submit, once you get approval on this (usually
about a week) you then submit the I-129F. The idea is that the I-129F will be
processed before the I-130 and you can begin the over seas process from there and not
wait for the I-130. I would argue that is faster than a K-1 visa though. Especially
if you are in Texas!


"hokiegrad" <[email protected]> wrote in message news:[email protected]...
    :
    : I was just reading some posts that seemed to indicate that you could apply for a K3
    : visa OR file an I-130, implying that was a different process. Isn't filing the
    : I-130 the first step
toward
    : getting a K3, not a completely different method? The K Visa
FAQ
    : (http://www.txdirect.net/use-
    : rs/mike38/k1faq.htm
    ) seemed to indicate that.
    :
    : thanks, -matthew
    :
    : --
    : Posted via http://britishexpats.com
    :
 
Old Aug 18th 2002, 12:33 am
  #3  
Paul
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Posts: n/a
Default Re: K3 Or I-130?

Yes, the I-130 is the first form you submit, once you get approval on this (usually
about a week) you then submit the I-129F. The idea is that the I-129F will be
processed before the I-130 and you can begin the over seas process from there and not
wait for the I-130. I would argue that is faster than a K-1 visa though. Especially
if you are in Texas!


"hokiegrad" <[email protected]> wrote in message news:[email protected]...
    :
    : I was just reading some posts that seemed to indicate that you could apply for a K3
    : visa OR file an I-130, implying that was a different process. Isn't filing the
    : I-130 the first step
toward
    : getting a K3, not a completely different method? The K Visa
FAQ
    : (http://www.txdirect.net/use-
    : rs/mike38/k1faq.htm
    ) seemed to indicate that.
    :
    : thanks, -matthew
    :
    : --
    : Posted via http://britishexpats.com
    :
 
Old Aug 18th 2002, 8:59 am
  #4  
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Default Re: K3 Or I-130?

Hi,
I can only comment on the London situation, however I believe much of the process is universal.
I've been reading the board for a few months now and haven't noticed many examples of the K3 being issued before
the I-130. (spousal visa)
When we first filed in March, I looked at both options and there are "benefits" to both.
The K3 is "supposed" to get you to US a lot faster whilst you are waiting for the process to grind along, however it has its limitations in so far as when you arrive in America you have a "longish" process to adjust your status and cannot work during that period. (eg cannot get a Social Security number)
With the I-130 it "apparently" takes longer, however when landing in the US you are a Conditional PR or a PR (basically dependant upon how long you have been married) however
you can instantly apply for an SSN and are permitted to work
instantly.
You also don't have to go through adjustment of status and the next process would be removing the conditional status
within a couple of years of being there.
(you can cross that bridge when you get to it)

We decided on the I-130 mainly because the process seemed to be only taking 3/4 months in London, but the "benefits" of me being able to work when I get there
(assuming of course someone wants to employ me) outweighed the "supposed" speedier K3

The situation may vary in other countries, I'm not sure.
Someone else should be able to help with that.

Good luck
Roger




Originally posted by Paul:
Yes, the I-130 is the first form you submit, once you get approval on this (usually
about a week) you then submit the I-129F. The idea is that the I-129F will be
processed before the I-130 and you can begin the over seas process from there and not
wait for the I-130. I would argue that is faster than a K-1 visa though. Especially
if you are in Texas!


"hokiegrad" <[email protected]> wrote in message news:[email protected]...
    :
    : I was just reading some posts that seemed to indicate that you could apply for a K3
    : visa OR file an I-130, implying that was a different process. Isn't filing the
    : I-130 the first step
toward
    : getting a K3, not a completely different method? The K Visa
FAQ
    : (http://www.txdirect.net/use-
    : rs/mike38/k1faq.htm
    ) seemed to indicate that.
    :
    : thanks, -matthew
    :
    : --
    : Posted via http://britishexpats.com
    :
rogerpenycate is offline  
Old Aug 18th 2002, 2:55 pm
  #5  
Paul
Guest
 
Posts: n/a
Default Re: K3 Or I-130?

No the UK consulate is extremely quick....Moscow has not given anyone a visa since
July 22, and there seems to be no light or end to this tunnel. Universal? Yes, the
processes were the same, the service centers worked about the same pace, and the
consulates had the same procedures and completed them in about the same amount to of
time. This is ANYTHING but true. This is like a CEO saying how great it is to
work for the company......then ask the people in the mailroom or equivalent.

"rogerpenycate" <[email protected]> wrote in message news:[email protected]...
    :
    : Hi, I can only comment on the London situation, however I believe
much of
    : the process is universal. I've been reading the board for a few months now
    : and haven't
noticed
    : many examples of the K3 being issued before the I-130. (spousal visa) When we first
    : filed in March, I looked at both options and
there are
    : "benefits" to both. The K3 is "supposed" to get you to US a lot faster whilst you
are
    : waiting for the process to grind along, however it has its
limitations
    : in so far as when you arrive in America you have a "longish"
process to
    : adjust your status and cannot work during that period. (eg
cannot get a
    : Social Security number) With the I-130 it "apparently" takes longer, however when
landing in the
    : US you are a Conditional PR or a PR (basically dependant upon
how long
    : you have been married) however you can instantly apply for an SSN and are permitted
    : to work instantly. You also don't have to go through adjustment of status and the
next
    : process would be removing the conditional status within a couple of years of being
    : there. (you can cross that bridge when you get to it)
    :
    : We decided on the I-130 mainly because the process seemed to be
only
    : taking 3/4 months in London, but the "benefits" of me being
able to work
    : when I get there (assuming of course someone wants to employ me) outweighed the
    : "supposed" speedier K3
    :
    : The situation may vary in other countries, I'm not sure. Someone else should be
    : able to help with that.
    :
    : Good luck Roger
    :
    :
    :
    :
    : Originally posted by Paul:
    : > Yes, the I-130 is the first form you submit, once you get
approval on
    : > this (usually about a week) you then submit the I-129F. The idea is that
the I-129F
    : > will be processed before the I-130 and you can begin the over seas
process
    : > from there and not wait for the I-130. I would argue that is faster than a K-1
visa
    : > though. Especially if you are in Texas!
    : >
    : >
    : > "hokiegrad" wrote in message
    : > news:388574.1029620923-
    : > @britishexpats.comnews:388574.1029620923@britishex pats.com...
    : > :
    : > : I was just reading some posts that seemed to indicate that
you could
    : > : apply for a K3 visa OR file an I-130, implying that was a different
process. Isn't
    : > : filing the I-130 the first step
    : > toward
    : > : getting a K3, not a completely different method? The K
Visa
    : > FAQ
    : > :
(http://www.txdirect.net/users-
/mike38/k1faq.htm
"]http://www.txdir ec-
    : > : t.net/use- rs/mike38/k1faq.htm[/url]) seemed to indicate that.
    : > :
    : > : thanks, -matthew
    : > :
    : > : --
    : > : Posted via
http://britishexpats.com/ht-
tp://britishexpats.com

    : > :
    :
    : --
    : Posted via http://britishexpats.com
    :
 
Old Aug 18th 2002, 8:02 pm
  #6  
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Joined: Jul 2002
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Default Re: K3 Or I-130?

sorry, but I'm still not clear on this. So I now understand that the K3 and I-130 are indeed different... but what steps belong to which method? My guess is that the steps are:

I-130 method:
------------------
1) file the I-130
2) wait for approval notice to reach the consulate
3) etc.

K3 method:
------------------
1) file the I-130
2) wait for notice of I-130 receipt
3) file the I-129F
4) wait for I-129F approval noce to reach the consulate
5) etc.

Is this correct? If so, I guess it would be possible to do the steps for the K3 method and then if the I-130 approval comes back before the I-129 approval you can just go with the I-130 visa?

thanks,
matthew
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Old Aug 18th 2002, 8:33 pm
  #7  
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Joined: May 2002
Posts: 112
Karib is an unknown quantity at this point
Default Re: K3 Or I-130?

If you go the K3/I-130 route, and you reach the states once you have the K3 visa, can you not then apply for AOS and at the same time file for an EAD, therefore giving you the opportunity to work once the EAD is approved?
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Old Aug 18th 2002, 9:06 pm
  #8  
Girard Bourque
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Default Re: K3 Or I-130?

That is correct. Also there is a question that ask where you will have your
interview. The instruction say to enter the place that you will be doing the AOS if
you plan on going the k-3 route. When I had my wife's 130 application looked at by
the INS office in Buffalo prior to mailing them off to Vermont, the inspector told me
to list the consulate also (there is a space for both). I said that I plan on going
the K-3 route, she replied that is fine but if the 130 is approved before the k-3 and
I did not list a consulate I would then have to pay extra to get it forwarded to the
consulate at a later date. This way it would be sent automatically.

Jerry
 

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