K-3 (Married in US, Living in Germany)

[pablo_max]

Hello All,
Hopefully someone can give me a pointer.
My wife and I were married 8 years ago in California while she was on an L1 VISA from Germany.
We never applied for a green card in the two year we lived in CA. (I am a US native)

After 5 years in Germany, my job is bringing us back to US and now we need to figure out how to bring my wife along.

As I understand it, I need to file a I-130 with the consulate in Frankfurt then wait for their reply. Normally 90 days about.

I had figured that we would apply for the green card here, then immediately apply for the K-3. But, I have read online that the consulate needs to be in the country you were married!
Does this mean we need to bring her to the US without a VISA then apply for everything in the US? Since she is German, she can travel to the US without a VISA under the Visa Waiver program.

Another important aspect is that since we are moving, we are selling our house here in Germany, which means we have only until April to get her a VISA, then we have no where to live.

[rayb]

Unless the Frankfurt U.S. consulate offers 'Direct Consular Filing, DCF, your I-130 should be submitted to USCIS, Stateside (by mail or courier).

K3 visas are not actively supported by USCIS anymore. You will be applying for an IR-1 (immigrant spousal) visa. Processing time will be about 9 months (more or less).

There is no requirement that the processing needs to be in the consulate of the country where you are married. Your wife can be processed anywhere that she has a legal right to be (German citizenship or residency visa there).

--Ray B

Hello All,
Hopefully someone can give me a pointer.
My wife and I were married 8 years ago in California while she was on an L1 VISA from Germany.
We never applied for a green card in the two year we lived in CA. (I am a US native)

After 5 years in Germany, my job is bringing us back to US and now we need to figure out how to bring my wife along.

As I understand it, I need to file a I-130 with the consulate in Frankfurt then wait for their reply. Normally 90 days about.

I had figured that we would apply for the green card here, then immediately apply for the K-3. But, I have read online that the consulate needs to be in the country you were married!
Does this mean we need to bring her to the US without a VISA then apply for everything in the US? Since she is German, she can travel to the US without a VISA under the Visa Waiver program.

Another important aspect is that since we are moving, we are selling our house here in Germany, which means we have only until April to get her a VISA, then we have no where to live.

[pablo_max]

Unless the Frankfurt U.S. consulate offers 'Direct Consular Filing, DCF, your I-130 should be submitted to USCIS, Stateside (by mail or courier).

K3 visas are not actively supported by USCIS anymore. You will be applying for an IR-1 (immigrant spousal) visa. Processing time will be about 9 months (more or less).

There is no requirement that the processing needs to be in the consulate of the country where you are married. Your wife can be processed anywhere that she has a legal right to be (German citizenship or residency visa there).

--Ray B

Thanks for the reply Ray.

I am really shocked to read that the K-3 isnt possible. Especially because the K-3 and instructions to file are on the .gov website.

Do I understand you correctly that it is impossible to bring my wife to the US in less than 9 months? This would be cat*****phic for us. We would both lose our jobs in that case and no where to live.

[rayb]

The K3 visa apparently outlived its usefulness. It is still "on the books" and you can submit a K3 I-129F after you have a receipt notice for your submitted I-130, but it will be joined with your I-130 package, approved at the same time, but then held back in the U.S while your I-130 is forwarded to the National Visa Center. The last K3 visa with which I have had any success was about 6 years ago. After that, I-130 processing began to move faster and USCIS simply merged the documents and gave priority to the I-130. I attempted to submit several K3 packages when I-130 petitions got bogged down, but USCIS refused to switch processing to K3 mode after an I-130 was at the NVC. The last time I tried to use a K3, about 3 years ago, we received an USCIS notice that the I-130 petition had already been approved, so our K3 petition was denied.

Though you see references to K3 processing on USCIS and other websites, I've yet to see any mention of a successful K3 visa issued within the last couple of years.

My advice for your planning would be to submit the I-130 (have you done that yet?), then submit a K3 petition after you have a receipt NOA (but don't count on it being of any benefit), then hang in there until your wife is interviewed and receives her visa, or leave for the U.S. in advance of her interview.

You might also apply for visitor visa to try and get your wife to the U.S. in advance of the I-130 completion.

--Ray B

Thanks for the reply Ray.

I am really shocked to read that the K-3 isnt possible. Especially because the K-3 and instructions to file are on the .gov website.

Do I understand you correctly that it is impossible to bring my wife to the US in less than 9 months? This would be cat*****phic for us. We would both lose our jobs in that case and no where to live.

[pablo_max]

Thanks again Ray.
I have not submitted my I-130 until now. Actually, we not intention of going back to the US, but in the last two week our situation changed and we had a perfect opportunity to go back, so we took it.
I have an appointment on the US consulate in Frankfurt, which is the main one here in Germany.
The waiting time for the i-130 is pretty long. About 3 months I am told.
Maybe I am just over-thinking it.... It is just super confusing! There are so many site saying you need to do this and do that and these 5 forms, then these 10 forms and so on.

Is it correct that I really only need the I-130 and G-325A (biometric form) + supporting documents and then to wait until it's approval, then get the appointment then wait for the VISA?
I heard that it is possible to expedite under some conditions, but it's pretty hard.

The K3 visa apparently outlived its usefulness. It is still "on the books" and you can submit a K3 I-129F after you have a receipt notice for your submitted I-130, but it will be joined with your I-130 package, approved at the same time, but then held back in the U.S while your I-130 is forwarded to the National Visa Center. The last K3 visa with which I have had any success was about 6 years ago. After that, I-130 processing began to move faster and USCIS simply merged the documents and gave priority to the I-130. I attempted to submit several K3 packages when I-130 petitions got bogged down, but USCIS refused to switch processing to K3 mode after an I-130 was at the NVC. The last time I tried to use a K3, about 3 years ago, we received an USCIS notice that the I-130 petition had already been approved, so our K3 petition was denied.

Though you see references to K3 processing on USCIS and other websites, I've yet to see any mention of a successful K3 visa issued within the last couple of years.

My advice for your planning would be to submit the I-130 (have you done that yet?), then submit a K3 petition after you have a receipt NOA (but don't count on it being of any benefit), then hang in there until your wife is interviewed and receives her visa, or leave for the U.S. in advance of her interview.

You might also apply for visitor visa to try and get your wife to the U.S. in advance of the I-130 completion.

--Ray B

[rayb]

If the Frankfurt Consulate allows Direct Consular Filing, you might get the visa in 3-5 months. You will also need to provide the I-864, Affidavit of Support, form with tax return and employment evidence, probably after Frankfurt accepts your I-130. It Frankfurt will not process as a DCF, the sponsorship documents will be submitted to the National Visa Center in about 6 months after the I-130 has been approved by USCIS, Stateside.

--Ray B

Thanks again Ray.
I have not submitted my I-130 until now. Actually, we not intention of going back to the US, but in the last two week our situation changed and we had a perfect opportunity to go back, so we took it.
I have an appointment on the US consulate in Frankfurt, which is the main one here in Germany.
The waiting time for the i-130 is pretty long. About 3 months I am told.
Maybe I am just over-thinking it.... It is just super confusing! There are so many site saying you need to do this and do that and these 5 forms, then these 10 forms and so on.

Is it correct that I really only need the I-130 and G-325A (biometric form) + supporting documents and then to wait until it's approval, then get the appointment then wait for the VISA?
I heard that it is possible to expedite under some conditions, but it's pretty hard.