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Thread: K3 Processing Time

  1. #1
    Guest
    Documentation for K-3 for spouse in conjunction with I-130 was sent to Chicago this week. The I-130 was filed at the (God help me) Texas Service Center in March 2002. According to the info availabile they are only now processing I-130 with a receipt date of June 2001.
    Just found out about the K-3 and am hoping it might be faster than waiting for the permanent status.
    Does anyone have any idea how long the K3 takes??

  2. #2
    Guest
    Documentation for K-3 for spouse in conjunction with I-130 was sent to Chicago this week. The I-130 was filed at the (God help me) Texas Service Center in March 2002. According to the info availabile they are only now processing I-130 with a receipt date of June 2001.
    Just found out about the K-3 and am hoping it might be faster than waiting for the permanent status.
    Does anyone have any idea how long the K3 takes??

  3. #3
    Guest
    Here is information for K3 and K4 Visa. It will answer all your questions about K3 Visa.

    ...............
    Following is a brief overview of the new provisions.

    Basic Eligibility Requirements for K-3 and K-4 Visas

    There are three basic requirements for a foreign national to obtain the new nonimmigrant classification:

    a. The person must be already married to a U.S. citizen who has filed a relative visa petition (Form I-130) on her/his behalf.

    b. That same U.S. citizen spouse must be petitioning on that alien's behalf to obtain a nonimmigrant visa.

    c. The foreign national must be seeking to enter the United States to await the completion of Green Card processing.

    d. For the K-4, the applicant must be the child, under 21 years of age, of a person who qualifies as a K-3.

    Application Procedures for the K-3 and K-4 Nonimmigrant Visas

    The U.S. citizen petitioner must have filed the I-130 petition, as indicated above. S/He must also file a petition, Form I-129F (same form as for fiance/es) in the U.S. for the purpose of obtaining nonimmigrant K status for his or her spouse. The INS has established a special Post Office box address in Chicago for accepting K-3 petitions. The INS approves the K-3 petition, and then arrangements are made for the person to be interviewed for the K-3 visa by the consular officer at the Embassy or Consulate abroad. As with fiance/e cases, the medical examination is done abroad.

    For a child of the spouse, there is no requirement that the I-130 must have been filed, and there is no separate petition for the K-4. Rather the child would process for the K-4 visa together with her/his K-3 parent. However, it is generally possible and advisable to file the I-130 for the child also. If the I-130 is not filed for the child prior to admission as K-4, the I-130 would be filed as part of the completion of the child's Green Card process after arrival in the U.S., as described further below. K-4 applicants also must undergo medical examination abroad.

    K-3 / K-4 Admissions to the U.S.

    The spouse of the U.S. citizen must be in possession of the K-3 visa at the time of admission into the U.S. and that visa must be issued from the same foreign state in which the marriage took place (if outside the U.S.). Holders of valid K-3 visas will be inspected and, if admissible, will be admitted into the U.S. for a period of 2 years. Similarly, those with a valid K-4 visa will be admitted for a period of 2 years or until the day before the person's 21st birthday, whichever is shorter.

    Ordinarily the K-3 or K-4 visa holder will apply for adjustment of status to permanent residence after arrival (see next section below). However, there may be special situations, such as if the I-130 is still pending at the Service Center. In such cases it will be possible to obtain extensions of the K-3 or K-4 status.

    Please note that persons admitted as K-3 or K-4 will not be allowed to change to another nonimmigrant status. Rather, the purpose of the K-3 or K-4 is to provide a step toward the permanent status. K-3 and K-4 visa holders will be expected to go on to apply for the permanent resident status or "green card."

    Completion of Green Card Procedure After Arrival

    In order to become a permanent resident, the K-3 visa holder needs to apply for adjustment of status (I-485) at the local INS District Office (or with the Vermont Service Center if in Maryland). The K-4 child would need to have an I-130 filed by the U.S. citizen petitioner and file the I-485. Ordinarily, both of these items would be filed together.

    Please note that, in order to obtain a K-4, the child does not have to be the child of the U.S. citizen, but rather needs to be the child of the K-3 visa holder. However, in a majority of cases, the K-4 will likely be the child of the U.S. citizen. In order for the K-4 child to become a permanent resident, the U.S. citizen must file the I-130 on her/his behalf. The U.S. citizen can file the I-130 for a biological child; for a stepchild if the marriage creating the step relationship occurred before the child's 18th birthday; or (with certain restrictions) for an adopted child. For specific details on whether a particular child qualifies for immigration on this basis, we suggest a consultation with an attorney. If you do not have an attorney, you are free to contact The Law Office of Sheela Murthy, P.C.

    Medical Examination

    Since the medical examination would already have been done overseas, the applicant does not need to do the medical again, if filing I-485 within one year of the date the medical was performed. (Please note that there are some exceptions for people found to have certain medical conditions.) It is necessary, however, to submit the INS vaccination sheet.

    Employment Authorization

    The person can apply for work authorization as a K-3 or K-4 by sending a work authorization application form to the Chicago P.O. box address, or can apply for the work authorization as part of the I-485 package. It is possible to travel on the K-3 / K-4 visa, even after filing the I-485, or the person may apply for an advance parole document with the I-485.

    As an alternative to the I-485, the K-3 or K-4 individual could consular process for an immigrant visa instead of filing the I-485. Since K-3 / K-4 visa holders are admitted for a two-year period, they are able to remain in the U.S. while awaiting their interview dates.

    Termination of the K-3 or K-4 Status

    If the underlying relative visa petition or the immigrant visa is denied, then the nonimmigrant K visa will terminate 30 days following such denial. If this occurs, the person is required to leave the U.S., according to the regulations. There is also a provision that any finding by the INS that a fee or other consideration was given to the petitioner for the purpose of filing the relative visa petition or the petition to obtain K nonimmigrant status for a spouse, results in termination of the K status and the alien being placed in removal proceedings.

    Conditional Status of the K-3 / K-4 Visa Holders

    Another provision states that all who adjust status to permanent resident from the K nonimmigrant classification, as a spouse, fiance/e or a minor child of either, are subject to the conditional residency requirements of section 216 of the Act, the same as in other marriage-based immigration cases. Also, a person in any K nonimmigrant classification, whether spouse, fiance/e or child of either, may only apply to adjust status based on the alien spouse's (or in the case of a minor child, the alien parent's) marriage to the citizen who filed the original petition in order to obtain that alien's status, not on any other basis.

    ...........
    Good luck

  4. #4
    Guest
    Thank you Umesh. Please note that I stated the paperwork for the K-3 (129F) has been filed. (I-130 was filed in March 2001 with Texas SC). My question was how long does processing usually take for the K-3.

  5. #5
    Guest
    Current processing date of I-129F at TSC is 10.18.2002. It looks like still there will be about 5 - 6 months delay or may be little less.
    Good luck

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