K-3 Visa

[PaulandBetty]

Hello Everyone,

 

I just married a beautiful chinese woman about two weeks ago, in China. I would like some helpful information on the process to get the marriage visa. I have read the US website, but I want to make sure that I do this correctly.

 

Thank you,

Paul

[Randy W]

You will be filing an I-130 for a CR-1 visa. Her daughter is NOT eligible for a CR-2 since she was already 18 years old at the time of your marriage.

 

You MAY file an I-129F for a K-3 visa, but she is eligible for this visa ONLY until the I-130 petition is approved by the USCIS. This rarely to NEVER happens, unless USCIS approval of your wife's petition were to take an excessively LONG time. The daughter WOULD be eligible for a K-4 IF the mother were able to receive a K-3 - but the K-4 is often DENIED in this situation, since your step-daughter was over the age of 18 at the time of marriage, and would be unable to adjust status once in the U.S.

 

Congratulations!

 

Your previous topic - http://candleforlove.com/forums/topic/45623-if-the-daughter-is-turning-18/

[dnoblett]

I am assuming step daughter decided to remain behind, because in this situation the K1/K2 fiancée would have been the only choice if both wished to immigrate at same time.

 

Anyway another possibility is your Spouse gets CR-1 and as soon as she has green card after entry to the USA your spouse would file an I-130 and hopefully it gets approved and a visa number before daughter's 21st birthday. CR-1 would be preferred it gets green card upon arrival the K-3 would adjust status at additional expense and would have to wait months to get green-card after which she would be able to file the I-130 for daughter.

[dnoblett]

K-3 involves filing an I-130 for a CR-1 and then filing an I-129F for the optional K-3 the K-3 allows entry to the USA while waiting for the I-130 to be approved.

 

Here's the catch, USCIS tends to tie the two petitions together and approves the two together and sends them to NVC where NVC kills the K-3 and proceeds with the CR-1. The reason for the K-3 at this point does not exist 'waiting for I-130 approval'.

[Randy W]

K-3 involves filing an I-130 for a CR-1 and then filing an I-129F for the optional K-3 the K-3 allows entry to the USA while waiting for the I-130 to be approved.

 

Here's the catch, USCIS tends to tie the two petitions together and approves the two together and sends them to NVC where NVC kills the K-3 and proceeds with the CR-1. The reason for the K-3 at this point does not exist 'waiting for I-130 approval'.

 

 

Hopefully, he wasn't counting on the K-4 to be able to import the step-daughter - that's why I mentioned it.

[credzba]

This topic makes me think ...

If a person got married, and realized that meant the daughter couldn't come on the visa (before filing) could they get divorced, and then file k1 ?

 

It would take some explaining, but probably easier than loosing the daughter in the shuffle.

[Randy W]

This topic makes me think ...

If a person got married, and realized that meant the daughter couldn't come on the visa (before filing) could they get divorced, and then file k1 ?

 

It would take some explaining, but probably easier than loosing the daughter in the shuffle.

 

 

I had the same thought - could they then accuse you of staging a fraudulent DIVORCE for immigration purposes?

 

Seems like it's perfectly legal and justifiable, and NOT covered in the INA. The problem is, though, that the immigration laws make it too easy for them to claim that it's not a bonafide relationship.

[credzba]

 

This topic makes me think ...

If a person got married, and realized that meant the daughter couldn't come on the visa (before filing) could they get divorced, and then file k1 ?

 

It would take some explaining, but probably easier than loosing the daughter in the shuffle.

 

 

I had the same thought - could they then accuse you of staging a fraudulent DIVORCE for immigration purposes?

 

Seems like it's perfectly legal and justifiable, and NOT covered in the INA. The problem is, though, that the immigration laws make it too easy for them to claim that it's not a bonafide relationship.

 

 

That is a threat that is always available, and if you front-loaded the explanation I think it would be a reasonable way to go.

[dnoblett]

 

K-3 involves filing an I-130 for a CR-1 and then filing an I-129F for the optional K-3 the K-3 allows entry to the USA while waiting for the I-130 to be approved.

 

Here's the catch, USCIS tends to tie the two petitions together and approves the two together and sends them to NVC where NVC kills the K-3 and proceeds with the CR-1. The reason for the K-3 at this point does not exist 'waiting for I-130 approval'.

 

 

Hopefully, he wasn't counting on the K-4 to be able to import the step-daughter - that's why I mentioned it.

 

Yep, because in order for the step daughter to be able to adjust status, she would need an I-130 petition filed for her to base the adjustment on the I-130 could only be field for by step parent, and since marriage took place after step daughter turned 18, the step parent is unable to file the I-130, only the immigrant parent would be able to file the I-130 after getting green-card, but again the adjustment would not work, the I-130 petition would need to result in an immediate visa number be granted upon approval which is not the case for an unmarried son/daughter of a permanent resident.

 

This is a similar case to Marc&Rosie who's daughter came to the states on a K-2, and then left before adjusting status, in their case immigrant spouse "Rosie" had to file an I-130, and fortunately the visa number came up fairly quickly, within a year or so of filing.