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LIFE Act and K3 or not K3

LIFE Act and K3 or not K3

Old Aug 6th 2002, 1:22 am
  #1  
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Default LIFE Act and K3 or not K3

>>Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse’s unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.<<

Considering the above.... it would seem that if I were to marry my US citizen Fiance in Scotland when she is here in 4 weeks time (Yes there is time to submit the paperwork there... and there are NO residency requirements). Then no K1 (yes we are sick of waiting for Nebraska) or even K3 is required?... So a visit to the US consulate for a medical clearance is probably required but it would appear then that I can travel to the US and wait out the paperwork there....

This information is all on the NEWS RELEASE at the INS website

http://www.ins.usdoj.gov/graphics/pu...life081401.htm

Has anyone done this???

Your comments welcome...

Graham
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Old Aug 6th 2002, 7:20 am
  #2  
Paul
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Default Re: LIFE Act and K3 or not K3

you have to wait for the K-3 .....and it is no quicker than a K-1 now.....MSC has
stalled out. I've not seen any good news about Missouri service center. which
processes the k-3 visas

"grajan" <[email protected]> wrote in message
news:[email protected]...
    : >>Under this new nonimmigrant visa
classification, spouses of U.S.
    : >>citizens may be granted K-3 nonimmigrant
status, and the spouse’s
    : >>unmarried children (under 21 years of age) may
be granted K-4
    : >>nonimmigrant status. Obtaining a K-3/4 visa is
not required, however.
    : >>Spouses of U.S. citizens and their children
may skip applying for a K
    : >>visa and directly obtain their immigrant visa
abroad from the
    : >>Department of State.<<
    :
    : Considering the above.... it would seem that if
I were to marry my US
    : citizen Fiance in Scotland when she is here in 4
weeks time (Yes there
    : is time to submit the paperwork there... and
there are NO residency
    : requirements). Then no K1 (yes we are sick of
waiting for Nebraska) or
    : even K3 is required?... So a visit to the US
consulate for a medical
    : clearance is probably required but it would
appear then that I can
    : travel to the US and wait out the paperwork
there....
    :
    : This information is all on the NEWS RELEASE at
the INS website
    :
    :
http://www.ins.usdoj.gov/graphics/publicaffairs/ne wsrels/life081401.htm
    :
    : Has anyone done this???
    :
    : Your comments welcome...
    :
    : Graham
    :
    :
    :
    : --
    :
 
Old Aug 6th 2002, 9:40 am
  #3  
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Default Re: LIFE Act and K3 or not K3

The point of this is that the INS web site states inder the LIFE act that the new rules are structured so the the Alien Spouse CAN wait out the paperwork with his/her partner in the USA.

As it clearly states... obtaining a K1/K3 visa is not required. Being married makes you qualified to get an immigrant visa directly, from the Department of State (apparently)... I presume they mean in the US by this.

So it seems that they are simply lying again.... ?

graham
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Old Aug 6th 2002, 11:56 pm
  #4  
Girard Bourque
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Default Re: LIFE Act and K3 or not K3

Okay, if I understand this correctly, your USC spouse can drop the 130 paperwork for
the immigrant visa. Now some consulates allow direct consulate filing (DCF). Alot of
them out there do not. The normal sequence for the application (non-DCF):

1) INS - This time varies depending on service center.

2) State Department - where the visa number is issued. Now this can be a long delay.
Visa numbers are distributed by category and visa type. Your name goes on the
bottom of the list and the wait begins. I have heard of some countries that has
about a 3-5 year wait.

The statement that the spouse of the of a USC does not need to wait for this number,
but they still have to do the INS part and the State department will do what they
have to (this will also take some time).

Now if you apply for the k-3 once you are in the states, you have 2 choices. The
first is to AOS (Adjustment of Status) or wait for your 130 paperwork to go through
the system and go back to the consulate for your interview.

But if you want to get into the states before the 130 is finsihed the K-3 is the only
way. Jerry

Once the
 
Old Aug 7th 2002, 12:25 am
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>>>What is the difference between the KI visa for fiancé(e)s and the Kii visa for spouses?
The KI visa is issued to the fiancé(e) of a U.S. citizen who will marry in the United States and apply to take up permanent residence after marriage. The K-3 and K-4 visa is issued to the spouse of a U.S. citizen who is the beneficiary of an immediate relative petition and his or her child(ren) under the age of 21. The K-3 and K-4 visa allows the holder to travel to the United States to reside while his or her immigrant visa petition is being processed by the Immigration and Naturalization Service and to apply for an immigrant visa once the petition has been approved.

Who qualifies for the Kii visa?
The spouse of a U.S. citizen and his or her child(ren) under the age of 21 who is the beneficiary of an immediate relative petition filed with the Immigration and Naturalization Service and who is still waiting for the petition to be approved and the immigrant visa to be issued. Note: The child of a U.S. citizen will only qualify for a K-4 visa if he or she has no claim to U.S. citizenship and his or her alien parent qualifies for a K-3 visa.<<<

Thanks Jerry.... the above is taken from the US Consulate FAQ in London, England. If I am reading this right it looks like we have missed an opportunity here. We filed the I-129F with Nebraska... and are of course now waiting for who knows how long.... To us, the above says that if we had married here (as we can in Scotland) then my USC 'wife' would have filed an I-130 and I would be pretty much on my way to sit out the paperwork with her. If we are together then it would not matter so much how ever long the paperwork took (work permit accepted, but that can be got while waiting too I understand).

How many other people are missing this opportunity to be together sooner I wonder. We could get married here in a few weeks... and very much want to... but if the I-129 were finally approved around that time then the K3 would not come into effect ( you have to be still waiting for approval).

So much for following the K1 line.... get married in Scotland ( or somewhere else with no residence requirement) and travel to the US as soon as possible.... we should have done that months ago...
Any thoughts???
graham
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Old Aug 7th 2002, 1:49 am
  #6  
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Graham

I know you are quoting a website but the thing is yes you can marry anywhere in the world that you wish to marry. The US Consulate will not accept the I-130 from the USC unless that citizen has residency in the UK. For Consulates that don't allow DCF, the USC spouse files the I-130 at the INS Service Center in the US and then files the I-129F for the K-3. It has to be approved here in the US first and then forwarded to the US Consulate in London and then you go the same paper route as for the K-1 with the medical, documentation, etc. before you are issued the K-3 which is your permission to reside in the US while the I-130 is being processed. You cannot just marry, drop the I-130 off and waltz into the US and wait. If that were possible do you think all these thousands of people would have done that instead of waiting out the K-3 approval?


In fact the K-3 is taking far longer than the K-1 to be processed.


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Old Aug 7th 2002, 2:19 am
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Just reading the consulate web site Rete... it does say that I could travel to wait in the US only if the I-130 is NOT approved... hence not waiting until it is approved....

Obviously they do not mean what they are saying there... and that is why I have commented on this.... why are we all waiting if what they say there were true...

one question.... would it affect our !-129f (now in 90 odd days)... if we were to marry here?.... If we then had to follow the same !-129 process anyway.....?

Thanks...
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Old Aug 7th 2002, 2:32 am
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Graham,

You need a visa to travel to the US - be it a K1, K3, CR1 or IR1. Each of these takes time to process.

If you wish to marry in Scotland and file the I-130 petition directly with the consulate, it is necessary for the USC to first be a resident of the UK. The easiest way, although relatively costly, is to apply for a marriage settlement visa from the British Consulate in the USA prior to arriving in the UK - this is usually granted same day if you apply in person. After the wedding, the USC registers status as a spouse with the IND in Glasgow, and thereby meets the UK residency requirements for the London INS.

Once the I-130 petition is filed, the process to obtain a CR1 visa takes 10 - 12 weeks. On arriving in the US, the UKC is granted a green card right in the airport. The costs of obtaining the UK marriage settlement visa can be offset by the UKC spouse being able to work in the US immediately.
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