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Pros and Cons of applying for K-3 Visa after submitting a I-130.

1 Answers. Asked on Mar 23rd, 2017 on Immigration - Florida
More details to this question:
Im Venezuelan living in Panama, Married to my long time boyfriend since 01/07/2017, we got married in Fort Lauderdale and then I came back to Panama, he is a US. Citizen lives in FL, now we have to start our Petition for relative and we are uncertain what to do, we know we should start with a I-130 application, then wait for I-797 and Consular Processing. Is it a Good Idea to apply also for K-3 so I don't have to wait separated from him.? Thanks
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Answered on Apr 21st, 2017 at 2:55 PM

The pros and cons of filing a K-3 visa petition after submitting an I-130 would seem to be the following:

Pro – generally speaking, you would get the person here faster (approximately 3 months sooner under current processing times).


Con – you would have to pay another filing fee, fill out another petition, most likely face an adjustment of status process once the person comes in with the K-3 visa, and if the I-130 petition is approved and at the National Visa Center while the K-3 petition is still pending or also at the National Visa Center, the K-3 would be discontinued. Due to the limitations of the 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.

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