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CIR-1 and K-3

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#1 don-n-rio

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Posted 13 September 2017 - 10:01 PM

Hello everyone,

I need some advise on whether to go ahead and file the subsequent K-3 along with our already submitted I-130.

 

First a little background:

My wife and I initially filed a K-1 visa and we got put into AP back in mid april. 

I sent the embassy additional un-requested documentation and information based on what my then fiance was telling me what transpired during the interview. 

The main theme seemed to be the CO's believe our decision to get married was too fast. 2-3 months, but I have been through the IR-1 visa process (USCIS process before) so I know how slow and drawn out this process is.

My thought was to make time work in our favor. After our first meeting I decided to go ahead and file and then continue to let the relationship blossom while the I-129f made its way through the system. That was an additional 5 months, plus we do have a year to act on the approved I-129f from USCIS if I didn't feel this was going to work out, etc or even if we felt we just needed more time to be sure. Taking this approach in lieu of waiting and developing the relationship without the clock running and then deciding we wanted to file and have another 6 months separation. If it failed I was out $400, but if it succeeded then we were golden. We met all of the criteria for a K-1 visa.

 

Our initial K-1 went into AP, and after checking the State Dept's CEAC website I saw a posting that indicated our case had came out of AP a few days later. When I checked with the embassy to see what was the next step we were told in an email that was a mistake. The email header was marked FPM. Eventually I researched this and discovered this to be the Fraud Prevention Manager. 

 

My wife and i have always talked for 3-4 hours every day and often for 12+ hours on the weekends. We can do this because she is 8 hours ahead of me in Qatar and she works late so it just kinda works out well for us.  We also have at this point over 106,000 FB msgs/emojis/pics etc. and that isn't even complete since we also used Viber initially and occasionally still. So we have a very solid relationship. 

 

I had made two trips to see her by the time her interview came. We had a lot of additional evidence to give to the CO is asked. She was never asked for any documentation even though my wife carried a binder with everything every organized.

 

I spoke with a former immigration judge / now an immigration attorney had he felt we were reading too much into it since the letter didn't say anything about being denied.

 

It's now been 5 months since the interview.

 

We decided to get married in June so I made a third trip to Qatar. We were married there and I have came back and filed her I-130 package.

We have unfortunately been assigned to the Nebraska SC, which is running 4 months behind all of the other SC's handling I-130 packages.

 

My wife wants to remain at her job to support her kids while the I-130 progresses even if we get the K-3 visa approved. Versus coming her and then not being able to work for several months while waiting for her employment authorization should we decide to just apply for her AOS and all the extra expenses that entails. With the K-3 visa she can make multiple entries into the USA and come see me versus me needing to go there and spend so much extra for hotels, cab fare, meals, etc. So it makes sense for us to try to get the K-3 while her I-130 makes its way through the long process.

 

I have researched a lot of threads on this board and VJ and most feel that the K-3 is obsolete and nearly the same costs. But given our situation I already mentioned about my wife.

 

Now add in additional pressure from my boss who isn't sitting well with my multiple trips to see my wife. Which is causing friction at my work for me. I want to go see her in Jan because it will have been 6 months since we have seen each other and it will likely be June before the I-130 interview takes place which I intend to be present for this time around.

But if we do the K-3 and it comes through faster I would go to that interview instead.

SO after having said all this.
I really need some advise, perhaps from Mr. Bacon, or Mark G, I know he has done some fine research into K-3 in previous posts.  I did ask the USCIS and the lady stated they were still doing K-3 visas. So I just don't know which is the best route for our particular situation.

 

Any thoughts and suggestions would be greatly appreciated.

Thanks

Don



#2 MrkGrismer

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Posted 14 September 2017 - 12:42 PM

It all comes down to whether you can do the wait or not. It can be difficult but after it is all over and in the past it won't seem like that long, once the years start racing by. You indicate that you would like her to be able to come and visit you while the IR (Immediate Relative) visa processes, but she does not wish to move to the U.S. until that time anyway. That is the exact reason for the K-3 visa. The K-3 visa IS generally obsolete because for most couples the goal is to be together in the U.S. as soon as possible. Your situation is a little different, as that is not your overriding goal. Do note, however, that once she does have the K-3 visa and is the U.S. she can file for adjustment of status, but she does not have to. You can just wait for the IR visa to process.

So especially since you going to visit her is causing you friction at work the K-3 process might be a very good fit for you. Not doing the adjustment of status also cuts about a thousand dollars out of the cost of the process.

As an aside, the work authorization on a K-3 I think usually happens in three months or less, although I will confess I have not seen first-hand-accounts of how long it takes in a few years. Ray could better address how long that has been taking, as I believe he is still in the thick of things. (Silly social media makes me want to 'tag' him there lol)


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