Bring my wife of 6 years to USA via imegration process or try to convert a tuorist visa?

[vision]

I have known my wife 8 years, we have been married 6 and she has been to the USA one time 5 years ago to meet my family. After 5 years in Thailand myself I have now returned to work in the USA and would like to have my wife come out to stay with me for at least a year and maybe several until we retire back in Thailand. I know there are 2 basic routes to do this and the first is to apply straight for an immigration visa while she is in Thailand but right now the backlog seems to be near a year. The other way I have heard of is for her to apply for a tourist visa and then once in the USA convert that visa into an immigration visa.and that seems to be a work around but also much faster? I will be reading up on this on the US Immigration site but would like to get a feel for what anyone who is also in this situation is doing and how it worked?

[Nana Cowboy]

Sounds like a K-3 visa, experts here shotyly to help

[DonaldBattles]

The immigration visa is long and drawn out as well as expensive.Suggest that you talk to the Embassy in Bangkok and get their opinion.

[HAL9000]

I hope talking is better than writing. I emailed a similar question and got no response.

[vision]

Yea Hal I am in the states already so wmail is all I can try. Well, at least time is on my side here.

[Thanyaburi Mac]

Believe CIS (the new INS) kind of frowns on "Adjustment of Status" from tourist to green card. While it's not illegal, and is done properly now and then, it puts into question the rationale for issuance of the original tourist visa.

Thus, if CIS decides that the reason for requesting a tourist visa was to just jump the immigration queue, Adjustment of Status may well be denied.

Mac

[ubonjoe]

If you had done it before leaving Thailand you could of done it in about 3 months by filing the petition here.

You now have to file the petition in the US but as soon you get notice of it's approval you can do paperwork for her to get a non immigrant visa until residency is approved.

Since you no longer have ties to Thailand you will probably will find difficult to get her a B2 visa unless she has her own ties to here such as working and etc.

I suggest you download this guide: http://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf

Info for I-130 Petition here: http://www.uscis.gov/i-130

[daboyz1]

Sounds like a K-3 visa, experts here shotyly to help

There is no more K-3.

[daboyz1]

Thanyaburi Mac hit the nail on head. It's all about perceived intent. Using a tourist visa with the intent to immigrate is considered immigration fraud. That said, people do it all the time. How can USCIS determine someone's intent?

As far as applying in Thailand (Direct Consular Filing), you have to show that you have been a resident in Thailand for 6 months on a valid visa (Non-O, Non-B etc.) It sounds like that's not the case since you are in the U.S. now.

K-3 is no longer a viable option, but would've been perfect for you since it's a 2 year multi-entry visa.

So this leaves you with one option. An IR-1 visa. It looks like the current processing times from start to finish is about 1 year depending on where you live in the U.S. Where you live will determine which USCIS service center will handle your case.

[ubonjoe]

The K3 is still an option. See: http://travel.state.gov/visa/immigrants/types/types_2993.html

[daboyz1]

The K3 is still an option. See: http://travel.state.gov/visa/immigrants/types/types_2993.html

While it appears by their website that is an option, it is not. Read this part of the page you linked:

http://travel.state.gov/visa/immigrants/types/types_2993.html#5

Important Notice: 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 webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition.

I haven't seen a case in over 4 years where the I-129F arrives at NVC before the I-130. They ALWAYS arrive together these days. I think it's unfortunate because the OP has a case where a K-3 would be perfect.

[ubonjoe]

I responded to your post stating that the K3 visa was no longer available which was incorrect.

Checking processing times here https://egov.uscis.gov/cris/Dashboard/ProcTimes.do it shows 11 months for I-130 and 5 months for I-129F which differs greatly from your statement that both would arrive at the same time or the I-130 before the I-129F.

[daboyz1]

I responded to your post stating that the K3 visa was no longer available which was incorrect.

Checking processing times here https://egov.uscis.gov/cris/Dashboard/ProcTimes.do it shows 11 months for I-130 and 5 months for I-129F which differs greatly from your statement that both would arrive at the same time or the I-130 before the I-129F.

Your link doesn't work. And you're looking at USCIS processing times which has nothing to do with the discussion.

I-129F is used for K-1 Fiance visas as well as K-3 marriage visas. In the case of the K-1 an I-129F is filed all by itself.

For a K-3, an I-130 (petition for immigrant visa) MUST be filed prior to the I-129F. They are then joined together at the USCIS (DHS) service center and approved at that service center. After that (as is stated in the link I previously provided) they are BOTH forwarded to NVC (Dept. of State) Once arriving at NVC the I-129F will be administratively closed as is also stated in the link I provided. As far as USCIS is concerned, the K-3 is still a valid visa. Unfortunately, USCIS doesn't issue visas, they only approve petitions.

People have a hard time differentiating between a petition which is filed with USCIS and a visa application which is applied for with the U.S. department of state. In the case of a marriage visa, one can not apply for a marriage visa (K-3 or otherwise) unless there is an approved I-130 or I-129F petition from USCIS forwarded to the consulate in Bangkok. Since NVC closes the I-129F, the petition will never be forwarded to the consulate in Bangkok, so there is no K-3 to apply for.

I hope that clears it up.

Edited November 17, 2013 by daboyz1

[daboyz1]

Here's some stats:

http://www.travel.state.gov/pdf/FY2012NIVWorkloadbyVisaCategory.pdf

290 K-3 visas issued for FY2012 by Dept. of State worldwide.

http://www.travel.state.gov/pdf/FY12AnnualReport-TableII.pdf

88,769 CR-1/IR-1 (marriage) visas issued for FY2012 by Dept. of Stat worldwide.

Not sure what else I can do to point out that K-3 is pretty much dead other than point out that .33% of marriage visas were K-3 in FY2012.

[ubonjoe]

Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and for I-130 it shows that they are doing Oct. 2012 petitions.

I think the low K-3 numbers for those that are married already may be low because the majority of those filing I-130's while the spouse is outside the US may be doing them through direct consular filing.

Your statement about the NVS getting both at the same just does not make since when you compare the processing times.

It would be useful if we could be aware of how you obtained your information.

Edited November 17, 2013 by ubonjoe

[daboyz1]

Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and I-130 is shows that they are doing Oct. 2012 petitions.

There's no link, but regardless those are petitions. Again, USCIS approves petitions, the don't approve visas. Also, I-129F is also used for fiancee visas which are much more common than marriage visas.

[daboyz1]

You have to go back understand the reason for the existence of the K-3. The K-3 was added by congress as part of the Life Act of 2000. The reason for it was that NVC was taking YEARS to forward approved I-130 petitions to the consulates for visa interviews etc. So congress added the K-3 class so that married beneficiaries could wait in the U.S. for their immigrant visa (green card) approvals. Since roughly 2007-2008, NVC finally got their head out of their a$$ and streamlined the process. Now cases are generally completed at NVC in 2-3 months rather than 2-3 years. So NVC has decided all by themselves that there is no further need for K-3 visas, because the rule states that if an immigrant visa is available (The approved I-130/IR-1 and CR-1) there is no further need for the non-immigrant visa (The approved I-29F/K-3) and NVC cancels the I-129F petition.

It would seem to me that in 2000 congress should have told NVC to get their act together, but no they just passed a new law and created another visa class.

[ubonjoe]

Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and I-130 is shows that they are doing Oct. 2012 petitions.

There's no link, but regardless those are petitions.  Again, USCIS approves petitions, the don't approve visas.  Also, I-129F is also used for fiancee visas which are much more common than marriage visas.

 

You quoted my post while I was finishing it after accidental post.

Link lost during edit: https://egov.uscis.gov/cris/processTimesDisplayInit.do

[ubonjoe]

You have to go back understand the reason for the existence of the K-3.  The K-3 was added by congress as part of the Life Act of 2000.  The reason for it was that NVC was taking YEARS to forward approved I-130 petitions to the consulates for visa interviews etc.  So congress added the K-3 class so that married beneficiaries could wait in the U.S. for their immigrant visa (green card) approvals.  Since roughly 2007-2008, NVC finally got their head out of their a$$ and streamlined the process.  Now cases are generally completed at NVC in 2-3 months rather than 2-3 years.  So NVC has decided all by themselves that there is no further need for K-3 visas, because the rule states that if an immigrant visa is available (The approved I-130/IR-1 and CR-1) there is no further need for the non-immigrant visa (The approved I-29F/K-3) and NVC cancels the I-129F petition.

 

It would seem to me that in 2000 congress should have told NVC to get their act together, but no they just passed a new law and created another visa class. 

I know about K-3 history it was the old INS was to blame not the NVS.

I think it is now the USCIS that is still holdings things up as can be seen in my post about processing times.

[4evermaat]

So then why not eliminate the k-3 option? Does congress have to do this? Or is this still a valid visa class? Is it quicker or slower than i-130/ir-1/cr-1?

"Second best time to plant a tree is today" sent from note2 TV app

[ubonjoe]

So then why not eliminate the k-3 option? Does congress have to do this? Or is this still a valid visa class? Is it quicker or slower than i-130/ir-1/cr-1?

"Second best time to plant a tree is today" sent from note2 TV app

It is still an option in my opinion. And from my research it is certainly faster.

[ubonjoe]

So then why not eliminate the k-3 option? Does congress have to do this? Or is this still a valid visa class? Is it quicker or slower than i-130/ir-1/cr-1?

"Second best time to plant a tree is today" sent from note2 TV app

It is still an option in my opinion. And from my research it is certainly faster.

[daboyz1]

So then why not eliminate the k-3 option? Does congress have to do this? Or is this still a valid visa class? Is it quicker or slower than i-130/ir-1/cr-1?

"Second best time to plant a tree is today" sent from note2 TV app

Technically a K-3 visa is a non-immigrant visa, although it is a non-immigrant visa with immigrant intent. The way the US Dept of State's rules work as stated in the link I provided is that if an immigrant visa is available, then there is no longer a need for the non-immigrant visa.

[daboyz1]

You have to go back understand the reason for the existence of the K-3. The K-3 was added by congress as part of the Life Act of 2000. The reason for it was that NVC was taking YEARS to forward approved I-130 petitions to the consulates for visa interviews etc. So congress added the K-3 class so that married beneficiaries could wait in the U.S. for their immigrant visa (green card) approvals. Since roughly 2007-2008, NVC finally got their head out of their a$$ and streamlined the process. Now cases are generally completed at NVC in 2-3 months rather than 2-3 years. So NVC has decided all by themselves that there is no further need for K-3 visas, because the rule states that if an immigrant visa is available (The approved I-130/IR-1 and CR-1) there is no further need for the non-immigrant visa (The approved I-29F/K-3) and NVC cancels the I-129F petition.

It would seem to me that in 2000 congress should have told NVC to get their act together, but no they just passed a new law and created another visa class.

I know about K-3 history it was the old INS was to blame not the NVS.

I think it is now the USCIS that is still holdings things up as can be seen in my post about processing times.

In order to continue this conversation, you need to understand the difference between a petition and a visa application. For some reason, you refuse to understand the difference. INS/USCIS does NOT issue visas. They approve petitions. The dept. of state issues visas. NVC is part of the dept. of state. Those processing times you keep linking to are for I-129F petition processing times, and have absolutely nothing to do with issuing visas. I posted govt. links to this in multiple posts.

[ubonjoe]

Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and I-130 is shows that they are doing Oct. 2012 petitions.

There's no link, but regardless those are petitions.  Again, USCIS approves petitions, the don't approve visas.  Also, I-129F is also used for fiancee visas which are much more common than marriage visas.

 

The most recent link I posted shows both I-129F categories. I again have to ask how it is possible for both to arrive at the NVS or I-130 arrive before it unless the I-129F was filed to late. I would think that most people would have it ready to send as soon as the notice that the I-130 had been received (I-797) arrived.

Screen shot of California service center processing time.

[ubonjoe]

 

You have to go back understand the reason for the existence of the K-3.  The K-3 was added by congress as part of the Life Act of 2000.  The reason for it was that NVC was taking YEARS to forward approved I-130 petitions to the consulates for visa interviews etc.  So congress added the K-3 class so that married beneficiaries could wait in the U.S. for their immigrant visa (green card) approvals.  Since roughly 2007-2008, NVC finally got their head out of their a$$ and streamlined the process.  Now cases are generally completed at NVC in 2-3 months rather than 2-3 years.  So NVC has decided all by themselves that there is no further need for K-3 visas, because the rule states that if an immigrant visa is available (The approved I-130/IR-1 and CR-1) there is no further need for the non-immigrant visa (The approved I-29F/K-3) and NVC cancels the I-129F petition.

 

It would seem to me that in 2000 congress should have told NVC to get their act together, but no they just passed a new law and created another visa class. 

I know about K-3 history it was the old INS was to blame not the NVS.

I think it is now the USCIS that is still holdings things up as can be seen in my post about processing times.

 

In order to continue this conversation, you need to understand the difference between a petition and a visa application.  For some reason, you refuse to understand the difference.  INS/USCIS does NOT issue visas.  They approve petitions.  The dept. of state issues visas.  NVC is part of the dept. of state.  Those processing times you keep linking to are for I-129F petition processing times, and have absolutely nothing to do with issuing visas.  I posted govt. links to this in multiple posts.

 

I do understand the difference. I think perhaps you are putting to much weight on the NVS for the processing time. The K-3 visa page posted before even states they will send the I-129 to embassy as soon as they get it for them to issue the K-3.

[daboyz1]

Here is a better link that gives processing times for different offices. California and Texas do I-129 and I-130 processing. Again I-129 is 5 months and I-130 is shows that they are doing Oct. 2012 petitions.

There's no link, but regardless those are petitions. Again, USCIS approves petitions, the don't approve visas. Also, I-129F is also used for fiancee visas which are much more common than marriage visas.

The most recent link I posted shows both I-129F categories. I again have to ask how it is possible for both to arrive at the NVS or I-130 arrive before it unless the I-129F was filed to late. I would think that most people would have it ready to send as soon as the notice that the I-130 had been received (I-797) arrived.

Screen shot of California service center processing time.

Right. That link you keep posting is related to petition approval times. Those processing times have nothing to do with when the visa is actually issued. There's much more to do after the petition is approved in order to get the visa. It goes like this for a K-3:

1. File I-130

2. Receive I-797C from USCIS for I-130

3. File I-129F

4. Receive I-797C from USCIS for I-129F

5. Receive 2 I-797Cs from USCIS stating that both the I-130 and I-129F have been approved and are being forwarded to NVC (This is the processing times you are looking at)

6. NVC receives both petitions and administratively closes the I-129F. At this point the K-3 is no longer an option and the path for the IR-1/CR-1 must be followed.

7. NVC sends instructions to the petitioner on the next steps in continuing with the IR-1/CR-1 visa path. Choice of agent (ds-3032) if no G-28 was filed, and instructions on how to continue with the I-864 and DS-230.

8. NVC completes the case and it is forwarded to Bangkok (or whatever consulate) for processing there. Medical, Police report, interview etc.

[ubonjoe]

Sorry but you have not proved anything to me. Tell me how the processing time can be 5 months for the I-129F and over a year for the I-130. I cannot not believe the USCIS would hold the I-129 until the I-130 was finished. Also how could of there been a total of 353 K3 visas be processed in 2012 if that was true.

[daboyz1]

Sorry but you have not proved anything to me. Tell me how the processing time can be 5 months for the I-129F and over a year for the I-130. I cannot not believe the USCIS would hold the I-129 until the I-130 was finished. Also how could of there been a total of 353 K3 visas be processed in 2012 if that was true.

When USCIS receives the I-129F after the I-130 has been filed, they pair them up at the service center so they can be approved together. There are VERY rare cases where for some reason USCIS approves the I-129F before the I-130. Maybe they don't get paired together for some reason. In this case the I-129F will be sent to NVC alone without the approved I-130. If this happens, then a K-3 is a valid option. Like I posted previously .33% of marriage visas issued are K-3s. Keep in mind you can't file an I-129F for a K-3 until you have already filed the I-130.

If the OP wants to take a .33% chance, good luck to him.

[ubonjoe]

Never mind it is just worth posting any more. I will let somebody else go through these posts and see what they believe.