If I apply I-129 already can I apply for k 3 at the same time

Asked 7 months ago - Phoenix, AZ

What is defrint between k-3 and I-130 if my k-1 denied how much time it will take for k-3 or I-130

Attorney answers (4)

  1. Jennifer Sheethel Varughese

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . The key difference is that you marry and then file the I-130/K-3. With the K-1, you only marry upon entering the U.S. on the K-1 visa.

    Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an... more
  2. Stephen D. Berman

    Contributor Level 20

    6

    Lawyers agree

    Answered . I-130 is the immigrant visa. K3 is a nonimmigrant visa. It takes about 9 months for a K3 and about one year for the I-130.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Alicia Marie Heflin

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . The difference is the status your spouse will have when he/she enters the country. If your spouse apply for, receives, and enters on a K3 visa, he/she must still apply for adjustment of status to obtain residency once in the United States and the filing fees are more costly. This is a temporary status. However, if your spouse applies for an immigrant visa after the I-130 is approved, he/she enters as a permanent resident (or conditional resident if you have been married less than 2 years) and does not have to apply for adjustment of status.

    I-130s are currently taking 9-12 months and the K-3 process is taking 6-9 months but these processing times are always subject to change.

    Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of... more
  4. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . You asked this quesiton before and we answered. Bottom line - ignore the K3. You do not need it.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more

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