(Combination Relative and K3 Visa).
Alternative is a Relative (CR-1/IR-1) Visa.
"Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:
* The nonimmigrant K-3 visa case will be administratively closed.
* The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
* The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse web page.
"If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey."
See complete notice on their web site here.
Each child must have a separate I-130 Relative visa petition also filed since without the K3 visa, the child cannot come over on a K4 visa.
Even though the LIFE Act. still exists, USCIS and the National Visa Center (NVC) has chosen to make it their "policy" to throw out the law.
The original purpose of the LIFE Act. was to provide the K-3 visa as a travel document for couples married outside the U.S. to bring families (foreign spouse and children) together since the I-130 petition for a CR-1 visa was taking well over 2 years to process from filing to visa issuance.
The K-3 visa shortened this time of separation to about 90 days at first, and increased to about 9 months. It would remain active for 2 years and be extendable. Further, it provided both a chance to travel back and forth from the U.S. and home country, as well as getting a work permit. Additionally, it provided the opportunity to adjust or change it's non-immigrant status to that of Legal Permanent Resident. BUT WAIT! There's more! It would also allow a child to get a K-4 visa to come along and travel with the bio-parent and be considered the step-child of the U.S. petitioning spouse.
As you can see from the U.S. State Dept. letter above, to hell with the law, becoming a dictatorship, we now rule by "policy." After all, who needs a Constitution or a Congress. The benefit of not having to commit to a 10 year Affidavit of Support (divorced or not) is lost! But shortly after the I-130 petition is approved by USCIS, the NVC wants you to send them the Affidavit of Support, a nearly $100 filing fee, then shortly after that, pay the CR-1 visa fee before he/she even hears from the U.S. Consulate for interview in her country.
ONE ADVANTAGE - He/she arrives as a Legal Permanent Resident since the adjustment / change of status takes place there.
The CR-1 visa means, "Conditional Resident. According to law, the "conditional" status is a test marriage. At the end of being married for 2 years, you have to prove you are still married and living together. If you are able to do that, the "C" for conditional is replaced with an "I" for "Immigrant Resident" or Legal Permanent Resident. Two years and nine months later, the previously foreign person may apply for U.S. Citizenship, which we highly recommend. In effect, he/she can have dual citizenship in most countries - Because....
...in the U.S., he/she has proof of U.S. Citizenship. In his/her country he/she still speaks the native language, knows the country, and has or can get her native birth certificate for ID.
How long does it take? Of course, this is the first question out of everyone's mouth. The NVC has told us, eyeball to eyeball, it takes about the same time as a K-3 visa took. We went to DC to ask them, and that was the answer everyone was indoctrinated to tell us. After talking to many offices, it began to sound like they were ready a TelePrompter script.
Also after talking to a number of other lawyers, most didn't have a clue about this new "policy" at all. But a few did, and had some experience with it. They told us that it generally took about 9 months - filing to interview. Some flakes at the NVC are in training (or sleeping on the job) and took a few as long as a few extra months.
Apex experience - it appears we are having the same as those lawyers mentioned above. We even had one case where it took 6 1/2 months (this "policy" started in Feb. - Mar. in actual hit & miss practice). But it appears to be the low end of the scale. Time will tell more.
We first noticed this "policy" change when one day late last year, when a client got his K-3 petition package kicked back with a printed form attached. The printed form had 5 or so check boxes. The box that was checked on his form was, "I-130 petition not pending." The fact that it was on a printed form with check boxes meant it was being sent out to perhaps thousands of people. That was a strong hint of things to come.
So we wrote a cover letter with a harsh reminder that it was still pending at the NVC and that the law that ONLY required evidence of filing the I-130 was require. Would they please obey the law?!! Well, that worked until about September of 2010. Then we got a notice (a memo from the Director of the NVC), that the client's spouse had the choice of adjusting status either at the U.S. Consulate OR in the U.S. after his/her arrival (that can only be done with a K-3 petition approval by USCIS). And if the choice was to do that in the U.S., to not take any further action on the I-130, but to notify them that client preferred to adjust status in the U.S.
Well.... we tried that, but they referred the client to contact the USCIS. In turn, the USCIS referred the client to the NVC. This action is known as ping-pong. That's when we went to DC to pop them in the beak. Needless to say... they're protected by a poly carbonate window called "policy" - or - don't bug me while I'm still on my break.
The law states the 2 year "C" requirement begins on the date of marriage. However, some idiot Immigration judge ruled it began at the time the visa was issued. Apparently he's prone to dictatorship too. However, most case adjudicators at the Consulates are ignorant about that judge and do follow the law.
For male petitioners only - There's a definite advantage to marrying a young lady (especially under 30) in her country - if you really get to know her. You become a member of the family and that has proven to a much lower divorce rate over a fiancee visa. She feels you are one of the family and is far more tolerant of your differences. The families usually go so far as to enforce that.
For the rest of you - If children are involved in coming over, or you feel pretty solid about the person and family is not very strict, then a K-1 fiance(e) visa is probably the better way to go. But remember, the divorce rate is considerably higher. However, foreign ladies - especially Asians - see themselves as unmarriageable after a divorce. So the K-1 in such cases is usually fairly safe. Children are much to bring over too, and status adjustment is easier and less costly.
In any case, be sure to read about courting! This is extremely important!
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