K3 Visa - Thought there might be some knowledges ones here

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phillydude

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K3 Visa - Thought there might be some knowledgeable ones here

Hello everybody,
I am a bit confused with the filing process for K3 visa. After reading through a few of the posts, this is what I gather:

1) File I 130
2) after receiving NOA for I 130, file for I 129
3) after receiving NOA for I 129 approval, file sent to the spouse
's country of residence, who then will apply for K3 visa.

My questions are:
How does BCIS know that the I 129 is for K1 or K3 and send the packet 3 (?) since they are applied at different times?

Can a GC holder marry some from another country (or should the marriage have occured when one of them is a US citizen for k3 visa) and get his/her spouse on K3 after getting US citizenship?

Thanks in advance.
 
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The I-129 application has to be send to an BCIS Office in Chicago. They will forward the application to the Missouri server center. Missouri is the only service center which does process K-3s. The I-129 application for a fiance K-1 visa has to be send to a service center where the sponsor lives (same as with the N-400 application). The K-3 processing is supposed to move to the Kansas office (DV lottery) in the near future.

You can marry whenever you want. It makes no difference in the viewpoint of the BCIS. If you are a green card holder and get married, your spouse can't immigrate immdiatly. In the case you file a I-130, you must wait about 5 years until a visa number is available. However, once you have filed a I-130, your spouse can't get a tourist visa or student visa anymore.
 
Thanks for you reply. One thing I want to make sure is, I know there is a 5 years wait for GC holder spouses. But say, if the GC holder applies for citizenship (marriage occured 4 years after getting GC) and then sponsors spouse for k3 visa, does it matter if the marriage occured during permanent residency or after getting US citizenship?

From your reply, i guess it does not matter.

Thanks.
 
It makes no difference if you get married before you are a US citizen or after. The only thing which does matter for the K-3 visa is that you are a US citizen. In the case you get married in a forgeign country, make sure that you get the marriage certificate translated into english, notarized with a apostille. To be sure, get a couple of copies. Just in case.

Good luck with Love and the N-400
 
Is there any other legal way a GC holder can bring
a spouse to this country. What about a tourist visa? How
long are they valid now-a-days?
 
Your spouse can apply for a tourist visa or student visa (requires a school/university). However, in the case you have applied with the BCIS the I-130 form, your spouse's visa application will be denied. It is against the law to file for a tourist visa in the case an immigration visa is pending (see the visa form for more detail - you must mention on the form if the applicant tried to immigrate to the US or has an immigration visa pending). Depending, where your spouse does live, your spouse perhaps can get a tourist visa. The law requires that the visa applicant can prove that the applicant is returning to its home country. This is quite difficult in poor countries. The problem is that many tourist visa applicants just never returned to their home countries, in the past. Therefore, the rules are very restrictive.

How long is a tourist visa valid? It depends mostly what the financial situation is in the country where the applicant lives and of the applicant. It can be 1 year or 1 month. It depends how the consular officier sies things.
 
Hi p8085, you seem to be pretty knowledgable about this issue and I was wondering if you cud give your input in this case of mine:
I am a GC holder and applied for naturalisation last year..Last november I went to India and got married and my wife is on an OPT and was working in a company. She also had a valid offer letter from the company when we were away. We got married and came back to the US w/ no probs entering in. So now I'm hoping to get naturalised soon and then file for my wife ( who is still on OPT which is gonna expire soon).
1) Do you see any problems in this case ?
2) I dont think we need to file a K-visa for her, right? Can u pls confirm.
Thanks a lot.
 
My 2 cents

K3 Visa I believe is a 'non-immigrant' status. Its only a way to get your spouse here. Anyone with K3 visa will have to apply for adjustment of status (I 485)after they enter US. So the best course of action will be to apply for adjustment of status after your naturalization (assuming, of course, OPT does not expire by then).

Also, it would be wise to think ahead and consider options, if OPT were to expire before natralization.
 
Is there a way to apply for your wife at the foreign consulate directly for the GC, so when she arrives here at the airport she can get her passport stamped with the GC rightaway, it may take a little longer than the K3 but is it feasible?
 
I have heard (through a TV program) that in India, you can do so at New Delhi consulate. Takes 3 - 6 monts to get GC.
 
If you need an apostille with certified translation, contact Apostille Pros. They are very professional. apostillepros.com

p8085 said:
It makes no difference if you get married before you are a US citizen or after. The only thing which does matter for the K-3 visa is that you are a US citizen. In the case you get married in a forgeign country, make sure that you get the marriage certificate translated into english, notarized with a apostille. To be sure, get a couple of copies. Just in case.

Good luck with Love and the N-400
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