will get 10yr green card upon arrival?

[pipi]

We are married over 2yrs (almost 4yrs now) and wife got K3.

When she arrives in USA, will she get 10yr green card automatically?

[dnoblett]

K-Visa is NON-Immigrant, Only an IMMIGRANT will get green-card upon entry to the USA.

 

K-3 holders have two options to get a green-card.

1. Enter the USA and then file and I-485 ($1010) and file to adjust status, from NON-Immigrant to IMMIGRANT.
   
2. Get their I-130 processed through NVC and then interview at the US consulate for an IMMIGRANT IR-1 visa. ($470) fee.
   

Either Approach results in a green-card, and yes marriage more than 2 years before green-card is issued will result in an un-conditional 10 year card.

Edited March 29, 2010 by dnoblett (see edit history)

[chilton747]

Being married almost 4 years, I am wondering why you did a K3.

[dnoblett]

Being married almost 4 years, I am wondering why you did a K3.

Me too, research shows that IR-1 Spousal visas are now statistically in a dead heat, K-3 wont save any time. Only reason to do a K-3 is if marriage took place in a third country, like H.K. or perhaps Japan, the K-3 allows for interview in country of marriage rather than country of citizenship.

 

At this time it is looking like K-3 is becoming a thing of the past, because USCIS has been approving I-130 AND I-129F for K-3 on the same date, and sending them both to NVC. NVC has started administratively closing the I-129F (K-3) if they receive both petitions at same time.

 

This makes sense, the life-act visa was developed as an OPTION for couples facing a LONG I-130 approval process, it allowed the foreign spouse to enter the USA and WAIT for I-130 approval, but since I-130 and I-129F are being approved at the same time, this eliminates the reason the K-3 was offered in the first place.

[warpedbored]

Bottom line and answer to your question, if your spouse enters the US on a K-3 visa you have two choices. File AOS stateside or wait for the I-130 to be approved and fly to China for an interview. Either one will result in a 10 year green card if you have been married over 2 years.

[pipi]

I heard that it's a long process to file I-485 (1 to 3yrs) while wife remains in US, is that true?

 

I am re-handling in my I-865 due to missing info and it's very close to July 17 due date for usefulness of K-3 visa.

[dnoblett]

I heard that it's a long process to file I-485 (1 to 3yrs) while wife remains in US, is that true?

 

I am re-handling in my I-865 due to missing info and it's very close to July 17 due date for usefulness of K-3 visa.

I-485 can take from 4 months to a year to process, depends on field office and how busy they are, from what is see ALL K-3 Adjustment of Status get interviewed at the field office.

 

Look up field office here: https://egov.uscis.gov/crisgwi/go?action=of....office_type=LO

Look up processing time by field office here: https://egov.uscis.gov/cris/processTimesDisplay.do

 

If you have paid fees to NVC for spousal visa you should consider simply pursuing the immigrant visa and interview for it at the consulate.