K3 and B2 visa - Unique Situation

[harshitvaria]

Hi,

I recently got married in India. My wife has her job in India till November after which she is free to leave the country. She currently has a valid B2 visa which she had obtained years before she knew me.

Now in the US I am preparing to file the I-130 with USCIS and once I get the receipt number I will file the I-129F for K3 Visa also.

My question is this:

While my wife has an immigration file with the USCIS and a K3 visa file with the US Department of State in process can she come to America on her existing B2 visa with the intent to visit me only. If asked she will acknowledge that she has these files in process and she plans on returning back once her file is approved or once the time limit on the travel visa has expired.

 

[elcupacabras]

Yes, she can come visit, though be prepared for the possibility of denial at POE as entry is not guaranteed. To help increase the chances of successful entry, she should carry on her strong ties to her home country. Obviously having a USC spouse shows a VERY show tie to the US (and may therefore make the POE officer suspect that she may attempt to stay in the US), therefore make sure the proof of ties are significant (mortgage/lease agreement, letter from employer etc).

Also, just curious why you would want to go the K3 route when the CR1 is a much better visa?

 

[harshitvaria]

No Idea what a CR1 is... I looked it up online and seems like I have to file I-130 in both cases.
So if I file I-130 and I-129F then whichever one gets approved first would work. Is that correct?

If I-130 gets approved then I go for CR1 visa.
If I-129F gets approved first then I go for K3 visa.

Am I missing something here

 

[elcupacabras]

With the CR1 you just file the I-130.

For the K3 you file the I-130. Once you receive the NOA1 for the I-130 (this is NOT an approval notice....it is a notice of receipt to show that USCIS have received your I-130) then you file the I-129F.

It's up to you which route you take, but to me and most others, the CR1 is much better as it is cheaper and there is no AOS to follow once you enter the US.

Heres a step by step guide to K3
http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide

And heres one for CR1
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1