Can apply for K3 after applying for IR1? Should I?

[Texan in Jiangsu]

Hi everyone,

I'm about to move to Houston, TX while my wife stays in China so that I can get a job for the affidavit of support. Our documents have made it to NVC. We are waiting for the NVC to send the information to Guangzhou. My wife can't get a travel visa to visit me. We have no idea how long this process will take. Would it make sense for my wife to apply for a K-3 and then switch her status once she moves to the USA? Is this even possible? Do I even know what I'm talking about? I am in the middle of researching this.

Lee

[Randy W]

 

Hi everyone,

I'm about to move to Houston, TX while my wife stays in China so that I can get a job for the affidavit of support. Our documents have made it to NVC. We are waiting for the NVC to send the information to Guangzhou. My wife can't get a travel visa to visit me. We have no idea how long this process will take. Would it make sense for my wife to apply for a K-3 and then switch her status once she moves to the USA? Is this even possible? Do I even know what I'm talking about? I am in the middle of researching this.

Lee

 

 

 

Doug had some thoughts on the process here - http://candleforlove.com/forums/topic/46285-i-129f-wait-times-shorter-than-i-130-for-uscitizen-in-usa/

 

Unfortunately, your wife, by law, is no longer eligible for a K-3, since her I-130 is already approved.

[dnoblett]

You can only file the I-129F when USCIS has the case, you say they have approved it and it is at NVC, the time for it has passed.

 

K-3 is for entering the USA and waiting for USCIS to approve the I-130, they already have approved the petition, so the reason for the K-3 no longer exists and even if the USCIS was still processing the I-130, they tend to tie the two petitions together approve and send them together to NVC where NVC closes the K-3 and proceeds with the CR-1 or IR-1 petition.

 

In NVC now has the case, and you wish to have your wife come to the states, then proceed with the NVC stage, and have her get her IR-1 visa.

 

If you are holding out for a job and income to satisfy the I-864, then perhaps see about getting a joint sponsor for the I-864.

 

If you have completed NVC process, then I would guess a month or two till interview.

 

Timelines show that.

 

View Timelines (See advanced mode and sort by interview date)

[Doug]

I don't think the following comments matter for anyone doing the IR-1 & 2, but just incase a CR-1 & 2 person is looking:

 

I just looked at process times at the USCIS and it looks like all the illegal kids must be signed up or something, because USCIS, at most of the processing centers including NBC, are down to 5 months to process an I-130 for a US Citizen, meaning 5 months or less. The only reason I applied for the K-3 & 4 with the I-129F, after getting a receipt for the I-130, was to get the I-130 petitions tied to the I-129F petitions so it was within the 5 months or less processing schedule, as seen in USCIS web pages for my I-129F, and by danged it worked to reduce wait time. I would look at processing times if starting the process for a CR-1, CR-2 to decide. The immigration process is getting overloaded since there is so much talk in the news these days. Now both Permanent Resident, and US Citizens wait times are 5 months or less, as of May 2014, according to USCIS.

 

So lets be clear. The usefulness of a I-129F petition for a K-3 & 4, when filling I-130 petitions for CR-1 & 2, is only good to reduce process time at USCIS if their website shows that the I-130 petitions are taking longer than the 5 months, AND if their website shows that the I-129F petitions are at 5 months. This all might be a moot point depending on which process center is doing what. Everything is constantly changing.

Edited August 6, 2014 by Doug (see edit history)