Wait time for K1 vs. K3

[no comment]

My fiance heard some talk from some of her Peruvian friends that she might expect a longer wait for a K3 spousal visa compared to a K1 fiance visa.  I suppose that individual circumstances affect the wait time.  With us there is not a dramatic age difference. To those attorneys who handle many visa applications, would you say one visa is quicker than the other?

[william3rd]

fiancee- is usually quicker- you dont have to have the marriage and the prerequisite I1130 filing. .

[utopiacowboy]

fiancee- is usually quicker- you dont have to have the marriage and the prerequisite I1130 filing. .

True. One other thing to consider is that with a K-3 a woman can immediately visit her home country without Advanced Parole even if her AOS pending. A K-1 holder must apply and receive Advanced Parole before she leaves the US while her AOS is pending. 

[william3rd]

I always felt that the K3 complicated things but when Clinton signed the legislation, the wait on I130 was taking forever.

[Dan]

I always felt that the K3 complicated things but when Clinton signed the legislation, the wait on I130 was taking forever.

Does the K-3 go back to Clinton? I thought it was Bush (the 2nd one) and his Family Life Act that authorized the K-3/4.

Yep - just checked, it was August 18, 2001 - a few days prior to 9/11.

Am I confused?

- Dan

[Ray]

Does the K-3 go back to Clinton? I thought it was Bush (the 2nd one) and his Family Life Act that authorized the K-3/4.

Yep - just checked, it was August 18, 2001 - a few days prior to 9/11.

Am I confused?

- Dan

Yes.

The Life Act which created the K-3/K-4 visa category was signed into law on Dec 21, 2000 by Pres. Clinton...

Ray

[Dan]

Yes.

The Life Act which created the K-3/K-4 visa category was signed into law on Dec 21, 2000 by Pres. Clinton...

Ray

Hey now!

I confess to being confused often - but this is a little much.

Reference the attached docs which seem to support BOTH/either position.

I recall a big press conference with Bush (the junior) making a big splash about the new legislation and how it would help his friends with spouses just south of our border (well, a bit of an exaggeration - but I *do* recall the press conference).

What say you now Mr. Ray?

- Dan

[william3rd]

Clinton signed it on his way out of Dodge.

[no comment]

Re/ confusion noted above, I am as confused as any as to my next move.  Peruvian fiancee and I have been making arrangements for a wedding targeted for January or February 2010.  We can't set an exact date because we don't know how long all the paperwork & procedure will take before our civil ceremony in Lima.  Basic Peruvian requirements for a marriage between a Peruvian & a foreigner are a birth certificate, Visa and a sworn statement of being single. That's pretty simple, but the documents have to be notarized and officially translated. The wedding has to be announced in a local paper and there need to be non-family witnesses to the wedding.
The birth certificate I have was not acceptable so I had to fill out forms for a long form certificate which will have to go through more steps before being exemplified and officially translated to Spanish for submission to the Peruvian Consulate. I'm not sure but it may need to be sanctified, circumcised and autographed by Wayne Newton.
I was content to marry in her country and get down to business, but she raised the issue of wait time for a visa. Her limited knowledge of friends' experience has her believing that it would be 1 - 3 years wait for a K3 visa.  Does this sound right?

[fathertime]

NC,

As you might remember, the K1 for me only took about 5 months earlier this year.

Fathertime!

[utopiacowboy]

Re/ confusion noted above, I am as confused as any as to my next move.  Peruvian fiancee and I have been making arrangements for a wedding targeted for January or February 2010.  We can't set an exact date because we don't know how long all the paperwork & procedure will take before our civil ceremony in Lima.  Basic Peruvian requirements for a marriage between a Peruvian & a foreigner are a birth certificate, Visa and a sworn statement of being single. That's pretty simple, but the documents have to be notarized and officially translated. The wedding has to be announced in a local paper and there need to be non-family witnesses to the wedding.
The birth certificate I have was not acceptable so I had to fill out forms for a long form certificate which will have to go through more steps before being exemplified and officially translated to Spanish for submission to the Peruvian Consulate. I'm not sure but it may need to be sanctified, circumcised and autographed by Wayne Newton.
I was content to marry in her country and get down to business, but she raised the issue of wait time for a visa. Her limited knowledge of friends' experience has her believing that it would be 1 - 3 years wait for a K3 visa.  Does this sound right?

My wife came here on a K-3. It took 5 months from date of marriage to her arrival in the US.

[no comment]

FT says 5 months for K1, UC says 5 months for K3.  Fiancee seems to be leaning toward a fiancee visa.  I have personal reasons to want the K3.  Much to think about...

[Ray]

Typically, a K-3 shouldn't take more than 6-9 months at the most.

A K-1 Fiancee visa probably wouldn't save you much waiting time.

There are more important considerations than waiting time for a visa IMHO...

Ray

[Ray]

Hey now!

I confess to being confused often - but this is a little much.

Reference the attached docs which seem to support BOTH/either position.

I recall a big press conference with Bush (the junior) making a big splash about the new legislation and how it would help his friends with spouses just south of our border (well, a bit of an exaggeration - but I *do* recall the press conference).

What say you now Mr. Ray?

- Dan

"INS Implements the “K” Nonimmigrant Visa Provision of the LIFE Act".

Read the title of that August 2001 news release again Dan. The key word is Implements.

The Life Act was signed into law in Dec 2000 by Clinton. I specifically remember that because I was waiting on the processing of my wife’s CR-1 spouse visa at the time. It took the INS many months to finally work out the procedures to implement the K-3/K-4 processing, hence the August 2001 date.

I think it was Bear and another member who filed a K-3 petition shortly after it was finally implemented in 2001.

Ray

[Dan]

"INS the Implements the “K” Nonimmigrant Visa Provision of the LIFE Act".

Read the title of that August 2001 news release again Dan. The key word is Implements.

The Life Act was signed into law in Dec 2000 by Clinton. I specifically remember that because I was waiting on the processing of my wife’s CR-1 spouse visa at the time. It took the INS many months to finally work out the procedures to implement the K-3/K-4 processing, hence the August 2001 date.

I think it was Bear and another member who filed a K-3 petition shortly after it was finally implemented in 2001.

Ray

Yep - yep - I recognize the answer revolves around a single word - "authorizes" versus "implements" - I get that.

I also distinctly recall the televised press conference with Bush touting the "implementation" of the new act - the press/opposition response reminding everyone of Bush's possible personal interest (friends of his) in "enacting" the legislation - and then a few weeks later pondering the irony of the whiplash effect from that press conference with the immediate reactions following 9/11.

No biggie either way.

I have no great need to be 'right' - especially on matters like this where accuracy is rather inconsequential.

- Dan

[Ray]

Yep - yep - I recognize the answer revolves around a single word - "authorizes" versus "implements" - I get that.

I also distinctly recall the televised press conference with Bush touting the "implementation" of the new act - the press/opposition response reminding everyone of Bush's possible personal interest (friends of his) in "enacting" the legislation - and then a few weeks later pondering the irony of the whiplash effect from that press conference with the immediate reactions following 9/11.

No biggie either way.

I have no great need to be 'right' - especially on matters like this where accuracy is rather inconsequential.

- Dan

That’s good because you were wrong…  LOL!

I remember the press blaming Bush for a lot of things, but not for enacting a law that was already enacted before he took office.   

The new K-3/K-4 visa category was only a small part of the Life Act and never controversial as I recall.

Ray

[lite sweet dude]

The K-3 is pretty much obsolete now. Best to marry in her country and do a CR-1.

[Ray]

The K-3 is pretty much obsolete now. Best to marry in her country and do a CR-1.

Yes, but…

I agree that there are definite advantages to the CR-1 over the K-3, HOWEVER,…

Filing a K-3 petition involves no filing fee and the required documentation is nearly identical to that of the I-130, so I recommend filing the I-129 for a K-3 as additional insurance.

Ray

[robert angel]

Check visajourney.com and realize that each case can be different--that the times there can be used as guestimates. Each center tends to differ a bit in processing time also. Not only does each case have it's own characteristics that have to be considered, but the USCIS persons can vary in terms of their speed, efficiency and how hung up on detail they are.

[Ray]

the USCIS persons can vary in terms of their speed, efficiency and how hung up on detail they are.

Robert, you're talking minutes here.

The biggest time factor is the USCIS backlog, where the petition just sits for several months or more until it makes it to someone's desk for final adjudication.

Ray

[robert angel]

Ray--you've been around this scene longer than I, but with all due respect, ( arrogant guy--trying to differ with me!!--ha ha--joke--no flames pulhleeeze!!)--I've just seen some virtually identical cases--similar ages, locations, prior marital situations, incomes and USCIS processing centers and then there would still be significant time diferences--over a month or longer on occasion.

My favorite was when I never got a NOA 2 issued and you know you need that. Our case packet was already to go to Manila so one had to have been issued somewhere, sometime--yet they insisted no NOA 2 could exist because they couldn't see or call one up. Nonetheless, they said for, as I recall--$325, they'd make us a 'copy' of the non existent NOA 2 paper!

You're probably right--I sure hope so and that maybe my case was twilight zone material.

That said, maybe the smarter money ought to bet on Ray's take--again--I hope so!

[Ray]

Don't worry Robert, your disagreements are always welcome... 

Petitions of the same type are normally processed in the order received.

If there is a large difference in processing time for two like petitions received on the same day, then perhaps one was pulled out of sequence for training, which they have been known to do.

If you submit all of the required forms, fees, and documentation, and fill out the forms correctly, then there shouldn't be any large differences in processing times.

Occasionally there will be delays for lack of evidence or a mistake on the forms, but I wouldn't say that there is any significant difference in processing because of a "slow" adjudicator. They all follow the same script and use the same checklists.

Ray

[lite sweet dude]

Yes, but…

I agree that there are definite advantages to the CR-1 over the K-3, HOWEVER,…

Filing a K-3 petition involves no filing fee and the required documentation is nearly identical to that of the I-130, so I recommend filing the I-129 for a K-3 as additional insurance.

Ray

Lifted from Visa Journey:

The K3 has to adjust status which cost $1010 + $131 visas application fee.
Have to go thru the cost and hassles of getting a I-693 also.
K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?
That’s the second interview if they are in doubt of your relationship.
Also a possibility of being deported. Yeah doesn’t happen much but it happens.
K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.
CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.
Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.
Some K visas don’t get GC for a LONG time.
If petitioner goes belly up before you get GC you stand a chance of being deported.
If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!
CR-1 cost about $470
Get their GC and SS card in the mail within 6 weeks of arrival.
No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.
I’m sure I’ve missed a few things.
Bottomline is anyone that goes with the K3 the way things are now are masochist!
Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

The K-3 sounds like a big old hassle to me, Ray.

[utopiacowboy]

Two reasons for the K-3.

1. The kids can piggy back on the mother's K-3 and get K-4s good for two years. Back in the day, I paid $100 for each of my wife's three kids. I never could have come up with the dough for their I-130s and I-485s then. Instead I had two years where I could save up for it. I did my wife's AOS first and the money she made working more than paid for her kids' expenses later.

2. The holder can immediately return home even if their AOS is pending without need for Advanced Parole. My wife used her K-3 several times this way, once for a short trip to a Mexican border town with a friend. Her kids went back to Colombia for a summer on their K-4s.

[Ray]

The K-3 sounds like a big old hassle to me, Ray.

Yes, I agree that the K-3 has many disadvantages.

I don’t recommend that anyone do the K-3 exclusively and stop processing of the I-130 paperwork. That’s why I recommended filing the FREE K-3 petition as insurance only.

Once the K-3 has been filed, you should continue with the I-130 processing steps through the NVC. If the K-3 processes faster and reaches the embassy first, then you at least have the option available to choose to use the K-3 or wait for the CR-1.

I have always recommended waiting a couple of months longer to complete the CR-1 process if it comes down to that, because of the obvious advantages.

However, should something unforeseen cause a major snag in the I-130 process, it may be worth it to some individuals to go ahead with the K-3 visa if separation time is the major concern. But that option will never be there if you don’t invest in a postage stamp and file the K-3 petition.

Ray