Should we file a K3?

[Matt_Su]

Hi! My name is Matt - I'm American, my wife Su is Brazilian. We were considering a K-3 filing (I-129F) when she found this forum.

* We married in Brazil and are currently living here
* We filed our I-130 and it's being processed, we received the receipt.
* We're considering an I-129F because it seemed like it would speed up her time-to-entry
* We're not focused on a green card! Right now we're waiting, putting our lives on hold in Brazil, and want to get to the U.S. ASAP to continue life in general! We want to be in the U.S., both able to work.

If my wife enters on a K-3 visa, do we NEED to file an I-485 after she enters the country? It seems like the advantage to filing immediately after entry is a green card + waived filing fees for the I-131 + I-765? Could she just enter on a K-3, file for permission to work, and wait for the I-130 to be approved?

Is a K-3 really that much faster? I've seen people say five months for an I-130 + I-129F concurrent filing, and other people say two months. It seems like a crapshoot. We've had friends in the same position as us have a two month turn around on the I-130 (with maybe a month to the medical/etc).

Is filing a K-3 going to hurt? Is it possible that it slows things down at all?

[Bernie31]

We filed I-130 and I-129F concurrently and both were approved in 2.5 months. My wife is now in the US with me (so our lives are not on hold anymore) and we are waiting for my 1040 to be finalized before filing I-485(AOS) and the attendant I-864 (affidavit of support).

[nichole]

Matt--

Since you are living in Brazil, it is likely that you qualify for Direct Consular Filing. The US Embassy at Rio allows it. Some countries have rules about how long the US citizen has to have had residence in the country....like maybe 6 or 12 months. I don't know Brazil's rules, but the Embassy phone number for immigration is : 55 (21) 3823-2021 (from 1:30 PM to 3:30 PM; Mondays to Fridays). Call them and find out or go to Rio website.

DCF means you apply directly to the Embassy (with your I-130). You skip the USCIS part of the processing. It is normally a lot faster than persons living in the US petitioning for a wife abroad.

Here's some info on the DCF process

https://www.immihelp.com/direct-consular-filing-family-based-greencard/

One note: In Brazil they do not send a packet 3 as stated in the link. The forms needed for the visa interview are all provided on their website. You will take the required forms for the interview part with you to the interview, rather than mail them in ahead of time. (Each embassy sets up the way they want to handle paperwork and interview.)

Look at the CR1 visa because they are actually better in my opinion for married people. She enters the country approved for a green card and with permission to work immediately. The filing of the I-485 and getting the medical stuff straight is a huge stressful deal you could skip with a CR1 and they aren't that much longer (if at all) these days. And the CR1 is cheaper.

If my wife enters on a K-3 visa, do we NEED to file an I-485 after she enters the country? It seems like the advantage to filing immediately after entry is a green card + waived filing fees for the I-131 + I-765? Could she just enter on a K-3, file for permission to work, and wait for the I-130 to be approved?

You're a little mixed up. Yes, if on a K3 file as soon as possible the I-485 and I-765. She would have work authorization about 2 months after filing. It is processed separately from the GC and is usually faster. It's a waste of money to pay the separate fee for the work authorization alone because you will still pay $1010 for the green card filing and she needs that. Work authorization filing is free with I-485. Filing for it alone won't be any faster than with a I-485. She does not need to file the I-131 because a K3 visa is multiple entries for 2 years.

Where you are mixed up is when you say enter on a K3 and wait for the I-130 approval. You can't enter the US on a K3 before the I-130 is approved. To get the K3, your I-130 has to be filed, then the I-129F and you have to wait on one of those to be approved in Brazil. If the I-130 goes through first, she gets a CR1 and they cancel the I-129F (new rule). And if the I-129F gets approved first, she gets the K-3.

Check out the Direct Consular Filing as it's the fast track to get through the system.

[Matt_Su]

Wow! It sounds like we really do NOT want to file an I-129F and have decided not to

We filed my change of status here in Brazil on Oct 16th, 2009. It's been approved but we're still waiting for the paperwork - so I'm still not officially a resident, and therefore don't qualify for DCF yet.

Since we couldn't immediately pursue DCF after marrying, we filed in the U.S., since that is technically my place of residence. We got married Oct 9th, 2009 and just dragged our feet on getting the paperwork in, which was dumb, and is why we're so late on this.

Anywho - your answers really cleared things up. We'll stick with our I-130 and wait for it to get processed.

It looks like I'll be heading back to the U.S. in May - probably without my wife - and that I'll have to return for the initial interview in all likelihood, but I'm hoping all-in-all it'll go pretty quickly.

Thanks again - you helped a lot.

[kapad67]

Hi!

Considering the fees for 1-485 and a little time difference if I file for K3 in addition to the I-130, I was also suggested and we have decided to stick to the I-130 and not filing for the K3.
In this economy it is hard to spend the extra $1010 + $70.
When I asked a friend of mine who is a paraleagal, I was advised not to go for the K3.
I really want my spouse to be here with me and just pray that our application gets processed ASAP.