Red Bluff, CA Immigration Law Firms & Lawyers

The K-3 visa practically no longer exist. The K-3 visa was created because American citizens who filed for a fiance (k-1 visa) had a short wait whereas American citizens filing for a spouse (immigrant visa) had a much longer wait. People came out with the idea of K-3 visa to make things fair. The goal of the K-3 visa was also to allow the immigrating spouse to joint the American citizen spouse in the US while waiting for the approval of the I-130. So far so good. I processed a lot of K-3 visas without any problems. At first the K-3 petition (I-129f) was approved much faster than the i-130 (which is for an immigrant visa and must be filed before the I-129F). My clients would then proceed to the consulate, obtain their K-3 visa, enter the US, wait for the I-130 to be approved. One day, the USCIS somehow became faster with the adjudication of the I-130. Both the I-130s and the I-129F were approved on the same day. However, the consulate would provide the option to either apply for a K-3 or for an immigrant visa. Finally, someone up high realized that the goal of the K-3 was to permit the foreign born spouse to come to the US while waiting for the approval of the I-130. Things no longer make sense to get a K-3. The National visa Center decided to cancel the I-129F petitions that were approved at the same time as the I-130. So it was basically the end of the K-3 visa. Would a simple immigrant visa be good enough for you? It would take about 10 to 15 months to complete the process.

You should file for permanent residence. I would advise that you hire an experienced immigration attorney as you have a long-tem overstay and will be applying under section 245(a) to forgive the overstay and unauthorized employment.

Travel outside the U. S. during the time that the H-1B is still in process automatically terminates any requested change of status. So if you are requesting a change of status, travel during the time of the pendency would not be a good move. You would then have to wait outside the U. S., interview with the U. S. consulate or Embassy for the H-1B visa once the petition has been approved by U.S.C.I.S., and enter the country no earlier than 10 days prior to October 1st.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.