K3 visa and VWP

[tsherif0]

My spouse to be is a dutch citizen planning to visit on Visa Waiver Program to get married in the US and she will leave immediately after the marriage then we will file for consular processing at her home country for a K3 spouse visa, does this flow make sense or there could be any challenges ?

I asked a couple of lawyers and they indicated as there is no intent for her to stay in the US or adjust status, there shouldn't be any problems.

Thanks.

[newacct]

That sounds fine. Of course, there is always the possibility that she will be denied entry, if the officer believes she might change her mind and do Adjustment of Status in the US.

(By the way, K3 is obsolete and is practically impossible to get. She will get a CR1 immigrant visa directly.)

[tsherif0]

That sounds fine. Of course, there is always the possibility that she will be denied entry, if the officer believes she might change her mind and do Adjustment of Status in the US.

(By the way, K3 is obsolete and is practically impossible to get. She will get a CR1 immigrant visa directly.)

When you say obsolete what does this mean, i still see form I129F available and also processing time estimates for K3 visa type on USCIS.

Also when you say get a cr1 immigrant vista directly, does that happen automatically after the I130 is approved or do i need to file additional forms post I130 approval ?

Thanks for the help!

[newacct]

In this USCIS-AILA liaison meeting from 2013, question 14 (page 8-9) complains that:

USCIS has adopted a policy to adjudicate the K-3 petition (Form I-129F) and petition for alien relative (Form I-130) simultaneously. This practice effectively eliminates the benefits of the K-3 petition and frustrates the intent of the LIFE Act together. DOS takes the position that when the I-129F and the I-130 are approved together, the beneficiary becomes ineligible for a K-3 visa and therefore, proceeds with processing the immigrant visa application.

This article says:

The K-3 visa process may sound like a great solution for your situation. Unfortunately, most couples are unlikely to obtain a K-3 visa. Consider the statistics. In fiscal year 2020, the U.S. Department of State issued only two K-3 visas as compared to 55,044 immigrant (IR1/CR1) visas for the spouses of U.S. citizens.

After I-130 is approved, it goes to NVC and the consulate for Consular Processing for the immigrant visa. They will contact you for the next steps. You do not need to fill out additional forms until they tell you to.