Visitor Visa While You Wait?

[BlueberryBambina]

Hello,

I am starting the marriage petition for my husband (I am a US citizen, he is Pakistani) and I was wondering what the average time period was to get the K3 visa. I believe it takes 6-9 months (at best), so I was hoping that after I submit the marriage petition, he could apply for a visitor visa and stay with me while he waits for the interview in Islamabad. We have been in separate countries for one year and four months so I am hoping this will work. My lawyer said it is possible but not guaranteed. My friend (who applied for a fiance visa for his girlfriend), did a similar thing (got visitor visa for his girlfriend while she waited out the process), and was successful. What do you think?

[rayb]

Blueberry,

K3 visas are not being routinely processed anymore. You attorney may have submitted a K3 application (I-129F) after your immigrant petition (I-130) was received, but the I-130 will probably be forwarded to the National Visa Center, after approval, for additional fee and document exchanges, for a CR-1 or IR-1 spousal visa. Your total timeframe can be expected to be around 8-12 months. Pakistan and Afghanistan nationals are taking longer for background reviews than for nationals of other countries.

Your husband can apply for a visitor visa, but likelihood of approval is not very good.

--Ray B

Hello,

I am starting the marriage petition for my husband (I am a US citizen, he is Pakistani) and I was wondering what the average time period was to get the K3 visa. I believe it takes 6-9 months (at best), so I was hoping that after I submit the marriage petition, he could apply for a visitor visa and stay with me while he waits for the interview in Islamabad. We have been in separate countries for one year and four months so I am hoping this will work. My lawyer said it is possible but not guaranteed. My friend (who applied for a fiance visa for his girlfriend), did a similar thing (got visitor visa for his girlfriend while she waited out the process), and was successful. What do you think?

[BlueberryBambina]

Ah, thank you very much for enlightening me. Do you know why they aren't processing the k-3 visa anymore? Does that mean the ordinary visas will go faster now?

Blueberry,

K3 visas are not being routinely processed anymore. You attorney may have submitted a K3 application (I-129F) after your immigrant petition (I-130) was received, but the I-130 will probably be forwarded to the National Visa Center, after approval, for additional fee and document exchanges, for a CR-1 or IR-1 spousal visa. Your total timeframe can be expected to be around 8-12 months. Pakistan and Afghanistan nationals are taking longer for background reviews than for nationals of other countries.

Your husband can apply for a visitor visa, but likelihood of approval is not very good.

--Ray B

[rayb]

The K3 was originally started about 12 years ago to assist spouses of U.S. citizens to reach the U.S. faster, rather than waiting for longer processing periods which later became shortened. I believe that USCIS started leaving K3 petitions in the U.S. if both petitions(I-130 and K3) were approved by USCIS at the same time.

At request of clients, I've tried to follow up I-130 petitions with K3 petitions a half dozen times in the last five years, and none went beyond the USCIS approval stage. I even tried to engage USCIS with with I-824 (and the extra fee) to move the K3 petition past the I-130 being processed either at USCIS or at the NVC, with no success. One K3 request was actually denied with the given reason that the I-130 was already closed to completion at the NVC.

USCIS still touts the K3 as being an available option, and many private and nonprofit immigration websites still mention the K3 in glowing terms. Frankly, if an attorney tells you he will submit a K3, it means he lacks real life experience or is charging you an extra fee for a "no go" useless procedure.

A routine I-130 procedure for a spouse of a U.S. citizen should result in an Embassy interview in 7 - 12 months.

--Ray B

Ah, thank you very much for enlightening me. Do you know why they aren't processing the k-3 visa anymore? Does that mean the ordinary visas will go faster now?