The K3 Visa: Useful or Waste of Time

[Thoughtful]

I wanted to get your opinions on the current K3 visa process.
Prior to July 2007, there was a fee for the I-129F for the K3 visa. This fee essentially provided a limitation to the number of people that turned in the application. THis was primarily because of the general consensus that the K3 took almost the same time as the I-130 so why waste your money.
But now it is free, so anybody can apply for it. Based on the current processing times as the CSC, both the I-130 and the I-129F for K3 is 6 months.
SO here is my thought. SHould the K3 be eliminated and the resources exclusively channelled to processing the I-130 faster? At the end of the day, what is the point of using up resources for the K3 when it is no faster than the I-130?
If you vote yes to the above, any practical suggestion to eliminate the K3. We cannot wait for the USCIS or congress. They will not move until you prod them.

 

[elcupacabras]

I personally think it is a waste of time. Added to the fact that not only does it have the same processing times as an immigrant visa, with the K3 you have to go through the stress and expense of AOS.

 

[Thoughtful]

I do not believe you have to file for AOS with the K3. To the best of my knowledge, AOS is only with K1.

I personally think it is a waste of time. Added to the fact that not only does it have the same processing times as an immigrant visa, with the K3 you have to go through the stress and expense of AOS.

 

[elcupacabras]

Nope- like K1 visa holders, K3s MUST also file AOS if they want to stay in the US after entry and become permanent residents.
With the immigrant visa there is no need to file AOS as one becomes a permanent resident upon entry, hence why I believe that the K3 is a waste of time.

 

[Thoughtful]

I think you are right. You have to file for AOS. Now more money from you down the drain plus another 6 months.

FYI: I though last year someone said HIV was not a restriction to immigrant visas anymore??
http://travel.state.gov/visa/immigrants/types/types_2993.html

Still listed

Nope- like K1 visa holders, K3s MUST also file AOS if they want to stay in the US after entry and become permanent residents.
With the immigrant visa there is no need to file AOS as one becomes a permanent resident upon entry, hence why I believe that the K3 is a waste of time.

 

[floyd777]

I wanted to get your opinions on the current K3 visa process.
Prior to July 2007, there was a fee for the I-129F for the K3 visa. This fee essentially provided a limitation to the number of people that turned in the application. THis was primarily because of the general consensus that the K3 took almost the same time as the I-130 so why waste your money.
But now it is free, so anybody can apply for it. Based on the current processing times as the CSC, both the I-130 and the I-129F for K3 is 6 months.
SO here is my thought. SHould the K3 be eliminated and the resources exclusively channelled to processing the I-130 faster? At the end of the day, what is the point of using up resources for the K3 when it is no faster than the I-130?
If you vote yes to the above, any practical suggestion to eliminate the K3. We cannot wait for the USCIS or congress. They will not move until you prod them.

So applying for a K3 is completely useless? Isn't it faster for your spouse to come to the US despite the added expense of AOS since you save time waiting for the the interview at the consulate if you were to do the counselor processing?

 

[Jackolantern]

So applying for a K3 is completely useless? Isn't it faster for your spouse to come to the US despite the added expense of AOS since you save time waiting for the the interview at the consulate if you were to do the counselor processing?

Depending on the consulate, there is either a small difference (like 1 or 2 months) between K3 and an immigrant visa, or no difference at all.

Because USCIS and the state department haven't prioritized K3s to process them fast enough, the K3 has become essentially useless. Some consulates have even stopped processing K3's; if you apply for a K3 they just skip the K3 and process you directly for an immigrant visa.

 

[floyd777]

Thanks for your response. So I will not apply for a K3 visa. It's not worth it if it's only a small 1 to 2 month delay between a K3 and a I-130 application.

My wife is Iranian but is living in India. If the wait times depends on the consulates, is there any place where I can find out which consulate is processing applications faster than others. I am asking because she has a choice of applying in one of 6 or so consulates - like Abu Dhabi, Naples etc.

 

[Triple Citizen]

You sure about the choice of consulates she has? Normally for immigrant visas, only the consulate servicing the geographic location where the applicant resides will entertain the application.

I am asking because she has a choice of applying in one of 6 or so consulates - like Abu Dhabi, Naples etc.

 

[Jackolantern]

You sure about the choice of consulates she has? Normally for immigrant visas, only the consulate servicing the geographic location where the applicant resides will entertain the application.

His wife is Iranian, and since the US does not have an embassy in Iran they allow Iranian citizens to apply through consulates in certain other countries.

However, because she is already residing in India which has a US embassy and multiple consulates, the OP should investigate the possibility that they'll force her to use a consulate in India, since she has no inherent need to travel elsewhere to visit a US consulate.

 

[Triple Citizen]

Correct. The US consulate in Ankara serves Iranians living in Iran. Since the OP's wife resides in India, I believe only the US consulate serving that part of India will entertain her application.

His wife is Iranian, and since the US does not have an embassy in Iran they allow Iranian citizens to apply through consulates in certain other countries.

 

[floyd777]

Thanks all - yes - my wife resides in New Delhi - she has been living there for the past several years. Is there any place I can actually find out where here interview will be? I don't think the I-130 or any other documents in the initial stages have a place to note where her application should be sent.

My lawyer who said he will investigate but he did not get back to me yet.

In fact, if the US Embassy in Delhi is slow AND if there is an option to choose another location, it would be preferable for us as we could just go there for the interview.

It's just very hard to find this information and I was wondering if there is any way to find out.

 

[Jackolantern]

Thanks all - yes - my wife resides in New Delhi - she has been living there for the past several years. Is there any place I can actually find out where here interview will be?

Contact the specific other consulate(s) she's interested in, explain the situation, and ask if they'll accept her for an immigrant visa interview.

I don't think the I-130 or any other documents in the initial stages have a place to note where her application should be sent.

Question 22 of the I-130 asks for your choice of consulate. Of course, there is no guarantee they'll give you the desired choice. Later in the process they'll tell you which consulate to deal with.

In fact, if the US Embassy in Delhi is slow AND if there is an option to choose another location, it would be preferable for us as we could just go there for the interview.

Don't tell them that you're worried about the slowness of any consulate.

 

[floyd777]

Thanks everyone,

I will call the US Consulate in New Delhi this week and find out the answer to this question if I can.

Thank you for your advice.

I am actually using a lawyer - and they have completed and sent me the forms. They have listed N/A for question 22 but I have asked to check what needs to go there.

For applying for my wife, I just need one G-325 for myself and for my wife each and one I-130 for both of us along with proof of our relationship like photos, marriage certificate etc. - that is what the lawyers are planning to send in the packet. Is that all I need or am I missing something?

 

[Jackolantern]

Thanks everyone,

I will call the US Consulate in New Delhi this week and find out the answer to this question if I can.

If she's interested in seeing a consulate other than New Delhi, don't call the New Delhi consulate, call the specific other consulate she's interested in and ask if they will accept her. The New Delhi consulate won't give you a reliable answer for what the consulate in Abu Dhabi or elsewhere will do, they'll only tell you to call the other consulate.