K3/CR1/IR1

david_dawei · June 3, 2005

I have taken over completing the CFL FAQ on P3, P4, and Interviews. I'm grateful to nooneufo for all his efforts to do these prior to me.

I have been working on getting some items up to date and expanding where applicable. The most additions are for information about K3/CR1. ( I want to do DCF as a different post).

I want to get some input and would like responses to the questions I have...

1) The below is my working assumption, if something is not correct, please let me know.

2) Questions to follow that part..

3) The sub-section FAQs to follow last.

Comments on any of these three parts are welcomed. Please reference the section, even quoting the specific part would help. I'm hoping to sort out some questions I have and your answers and comments will most likely end up in the FAQ in some manner.

1) I know the gist of their processes, described below:

- A I-130 for CR1 is submitted first. When NOA1 is received, the [optional] I-129F can be submitted.

- The CR1 is processed through NVC; The K3 through GUZ.

- The K3 will get through the service center and NVC faster than CR1, and ultimately get to GUZ faster. Once the CR1 gets to GUZ, they will cancel the K3 unless told.

- When both are submitted, the K3 can save the CR1 some time.

- The CR1 will get a greencard faster (the AOS step in the US as done by K3 really occurs at NVC).

- The K3 was originally meant to get the SO to the US faster. This may not necessarily be correct in all cases now...

- The K3 acts as an insurance policy in case the CR1 has problems, the K3 will get to GUZ and get one queued up in the interview line.

- The SO can take the K3 visa and come to the US.. they could skip the AOS step in the US and wait for the CR1 visa. Returning to china to get CR1 visa , then returning to the US with PR. IR1 visa occurs once the marriage is 2 y.o.

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2) Questions.

a. Does CR1 go on to GUZ and is there an interview for CR1 ? Maybe briefly describe what happends after NVC has completed its approvals.

b. If someone wants to do CR1 only, I-129F is optional, yes?

c. If someone wants to do K3, they would let the K3 get to GUZ and need to wait for all NVC approvals.. and then let someone know to cancel the CR1 ?? Who do you notify and what is the terminology, cancel/close case?

c. If someone wants to do CR1 (and assuming they submitted K3 and the K3 got to GUZ first) , once the CR1 gets to GUZ, the K3 is automatically cancelled by GUZ?

d. Can I get specific examples from people who did:

1. CR1 - very briefly describe if you also did K3 and why ultimately you did CR1.. looking back, what advice do you have looking back.

2. K3 - very briefly describe why you decided on K3 and any advice looking back... I recently saw that Gene and Dave timelinese imply they did this (?)

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3) FAQ subsections

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(Edited 30 May 2005)

Q.1.10 Which forms do we send back after receiving the P3?

K1

A.1.10.1

When your fiancÃ©e gets the P3 packet in the mail she must return 3 forms:

1. DS-230

2. OF-169

3. P3 Supplemental Sheet

You should have your fiancÃ©e return these as soon as possible. You will have plenty of time afterwards to collect all the information they tell you to get for the interview. It helps if you practice filling these forms out ahead of time. (See sample forms question in P3 FAQ).

A.1.10.2

Packet 3 Supplemental Information Sheet

(questions 1 thru 6 answered)

DS-230 PART I

(questions 1 thru 25 answered)

OF-169 Optional Form

(page 3 signed and completed)

Your (optional term of endearment) will present all that other stuff during their interview.

K3:

A.1.10.3

If anyone is interested for future reference, I e-mailed Guangzhou and got this response:

"Thank you for your email. The Supplemental form is not needed for a K3 visa.

When Ms. XXXXX complete the forms, please return the forms 230-I and 169." -- April 2005

CR1/IR1:

A.1.10.4

If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).

This must be signed by your wife and returned by her before the NVC will proceed.

Then they send you an Affidavit of Support Fee Bill, and freeze everything until your check clears the bank.

Then they ask for your Immigrant fee bill (around $365). Again, freeze frame until the check clears.

After that you get the P3, assuming your wife has named you agent of choice in the DS3032.

Send that back, and get P4 and invitation.

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(Edited 1 January 2005)

Q.3.1 K3, I-130 and the AOS

My wife has already received her P3 via the K3. Today, I received a letter requesting $65 from NVC or they won't further my I-130 application. However, my k3 was already sent to the Guangzhou Consulate and my wife has received her P3.

A.3.1.1

From your time line, it looks like your wife will get her K-3 interview before the I-130 gets to GZ - if you pursue the I-130 route. If getting her here faster and you're willing to do AOS on the K-3 rather than returning to GZ for the I-130 interview, notify NVC that is what you plan to do.

If getting her green card quicker is really a priority, then continue with the I-130 and plan on another interview in GZ. When she returns to the US, she will get her green card in a few weeks.

The other factor in all of this is where you would file AOS on the K-3. If it's Atlanta, figure on a couple of years to green card. If it's Portland, Oregon, figure 3 ~ 4 months.

Not sure all of that makes sense. By all means, get the K-3 and get her here quickly. The decision is whether to pursue the I-130 as well. Unless you really plan on her going back for the I-130 interview, save your money. The only reason for you to keep it going is to, perhaps, get her green card faster.

There's no *right* answer.

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(Edited 31 May 2005)

Q.3.2 K3 and CR1: Submit both or just CR1?

A.3.2.1

The CR1 will sit at the NVC for 3-4 months while you get all your paperwork sent in. The K visa's only stay at the NVC for 1 month. So if the time diff between your service center and Chi is significant enough, the K3 is still worth filing.

In my case and many other's the only purpose of the K3 is to get us a place in line for the interview several months quicker. While the CR1 finishes processing and is received at GZ. In my case I guesstimate the K3 helped xxxx to get an interview 5 months earlier then if just the CR1 was sent thru.

A.3.2.2

For people dealing with China, if you're married, I still would advise sending in the application for K3 ... because even though CR-1s are getting approved much faster than K3s at the USCIS service centers, the CR-1 takes much longer at the NVC stage. So the time savings is not as great as you would think. And then if you should have any problem or tie-up in the CR-1 case, such as an RFE, then the K3 case could surpass it. The K3 is like an insurance policy.

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(Edited 31 May 2005)

Q.3.3 CR-1 and IR-1?

Q.3.3.1

If you are married less than two years, that would be a CR-1. You need to be married two years for an IR-1

Q.3.3.2

You file for a CR-1 by filing an I-130 form. "CR" stands for "Conditional Residency". If you are a U.S. citizen and your marriage is less than 2 years old, your spouse will receive this kind of visa under the immigrant visa category. A CR-1 enjoys all the benifits as an LPR does, except, both you and your spouse will have to file a petition together to lift the conditional status 21 months after your spouse becomes a conditional resident (3 months before the conditional green card expires).

Q.3.3.3

Please note that if your marriage is less than 2 years old, your spouse will receive a conditional green card which will be valid for 2 years. You and your spouse MUST file form I-751 (Petition to Remove the Conditions of Residence) jointly 90 days before your spouse's green card expires. For further info: http://uscis.gov/graphics/howdoi/remcond.htm

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(Edited 31 May 2005)

Q.3.4 CR-1?

A.3.4.1

A CR-1 visa through a I-130 that is being processed at the NVC not Guangzhou. I got an email from Guangzhou saying to use copies or download forms from the internet when I was doing my P-3.

A.3.4.2

If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).

This must be signed by your wife and returned by her before the NVC will proceed.

Then they send you an Affidavit of Support Fee Bill, and freeze everything until your check clears the bank.

Then they ask for your Immigrant fee bill (around $365). Again, freeze frame until the check clears.

After that you get the P3, assuming your wife has named you agent of choice in the DS3032.

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david_dawei · June 3, 2005

I'm posting this here, although responded to me in another post where I had a similiar question.. but at least others will some comments.

-----------

cr1togo

-----------

Yes, a CR-1 gets an interview at GUZ as does the DCFer's, K-1 and K-3.

A CR-1 Immigrant Visa has the added step of NVC approval after USCIS Service Center approval (DCF I-130's are slightly different) but before being sent to post. This step eliminates the need of Adjustment Of Status that the quote/unquote "NON IMMIGRANT" "K" visas do "after the fact".

Bare bones version: After a few weeks of waiting for NVC to assign a new case # (GUZ type) we have to elect an Agent of Choice, on form DS-3032, (lawyer, petitioner, Beneficiary, etc.) where we want subsequent paperwork to be sent. We then receive the Affavadit of Support and IV fee bills. After the payment of these fees to St. Louis is reconciled with NVC Portsmouth, NH they generate and mail the I-864 and later the DS-230 packages. The DS-230 package contains a GUZ Special P-3 supplemental sheet. It is "somewhat" equal to doing the P-3 at GUZ. From this point NVC ships the file to GUZ, clearance delays, log-in times, name checks GUZ, P-4 and the interview process are about the same as a K visa.

Some folks at VJ recently report having sped through NVC in 68 days after getting a case number using various shortcuts. Typically 3- 6 months is what this has taken most to get through the NVC approval cycle in the past. acw

CR1togo · June 3, 2005

1) I know the gist of their processes, described below:
- A I-130 for CR1 is submitted first. When NOA1 is received, the [optional] I-129F can be submitted.

@@@A copy of the I-130 NOA1 (or NOA2) MUST be submitted with the I-129F/K-3 application.

- The CR1 is processed through NVC; The K3 through GUZ.

@@@ Both the CR-1 and K-3 go to NVC for processing. The K-3 and K-1 GENERALLY only spend a few weeks here. The CR-1 has additional "hands on" work to do by the petitioner (fee bills, Agent of Choice, I-864 & DS-230).

- The K3 will get through the service center and NVC faster than CR1, and ultimately get to GUZ faster.

@@@ Not totally correct- a K-3 was *supposed* to shorten the wait for a spouse while the lenghty I-130 process was in play. The I-130 INITIAL USCIS approval WAS taking about 12-18 months at CSC early last year. A K-3 at the MSC service center LATELY takes 7 months. CSC NOW takes approx. 1-2 months on the I-130. MANY of us here have seen our I-130 get approved at our service center, spend 3-6 months at NVC and STILL beat the K-3 approval cycle at MSC. Also ALL I-129F/K-3 are filed at MSC- not your regional service center.@@@

the CR1 gets to GUZ, they will cancel the K3 unless told.
- When both are submitted, the K3 can save the CR1 some time.
- The CR1 will get a greencard faster (the AOS step in the US as done by K3 really occurs at NVC).

@@@ Don't really like the statement AOS step at NVC. You're not really adjusting status@@@

- The K3 was originally meant to get the SO to the US faster. This may not necessarily be correct in all cases now...
- The K3 acts as an insurance policy in case the CR1 has problems, the K3 will get to GUZ and get one queued up in the interview line.
- The SO can take the K3 visa and come to the US.. they could skip the AOS step in the US and wait for the CR1 visa. Returning to china to get CR1 visa , then returning to the US with PR. IR1 visa occurs once the marriage is 2 y.o.

-----

2) Questions.
a. Does CR1 go on to GUZ and is there an interview for CR1 ? Maybe briefly describe what happends after NVC has completed its approvals. @@@ once "case is completed" at NVC it gets forwarded to GUZ. Then P-4 and interview are about the same process as the K visas@@@
b. If someone wants to do CR1 only, I-129F is optional, yes? @@@YES, optional (K-3 fee is $165 additional)@@@

c. If someone wants to do K3, they would let the K3 get to GUZ and need to wait for all NVC approvals.. and then let someone know to cancel the CR1 ?? Who do you notify and what is the terminology, cancel/close case?

@@@ Not really sure of what the writer's intent was here. IF someone wants to pursue a K-3 visa over the CR-1/I-130 (i.e., because of the K-3 derivative status for a child that the I-130 does NOT HAVE) with an impending I-130 at NVC they could simply not send NVC either fees or the required paperwork @@@

c. If someone wants to do CR1 (and assuming they submitted K3 and the K3 got to GUZ first) , once the CR1 gets to GUZ, the K3 is automatically cancelled by GUZ?

@@@David for the below K-3 vs CR-1 issue most people can respond;

NUMBER ONE: I had two horses in the race (the I-129F and I-130). I took the one that finished first.

#2. Some might delay I-130 processing at NVC and wait out a K-3 (that HAS derivative status) as the applicants had a child and had not filed SEPERATE I-130's for them.

#3. Close race and the K-3 was a little faster but they choose to go with the CR-1. No EAD, AOS, etal also LPR status much sooner- Some people have found that their state will not consider you a resident for College tuition purposes unless a LPR or Citizen. @@@

d. Can I get specific examples from people who did:
1. CR1 - very briefly describe if you also did K3 and why ultimately you did CR1.. looking back, what advice do you have looking back.
2. K3 - very briefly describe why you decided on K3 and any advice looking back... I recently saw that Gene and Dave timelinese imply they did this (?)

----

3) FAQ subsections

--------------------------------------------------

See @@@ my comments on your post. More on FAQ later. Dinner time!

CR1togo · June 3, 2005

CR1/IR1:
A.1.10.4
If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).
This must be signed by your wife and returned by her before the NVC will proceed.

@@@@@@@@A real SHORT VERSION of NVC processing (IMO, probably needs a seperate guide of it's own@@@@@@@@

@@@ The above (DS-3032) does not occur IF there is an attorney of record on file, I believe@@@

Then they send you an Affidavit of Support Fee Bill, and freeze everything until your check clears the bank.

@@@ Sorry, but the term "freeze everything" gives me a chill. Maybe "NVC Portsmouth, NH will not process the application further until both the fee bills (AOS (I-864) and IV DS-230)) are paid and then reported as such by St. Louis (fees are sent here to be cleared by US bank and reported back to NVC in NH).

After the receipt of fees is matched to your record at NVC they will generate the I-864 package and sent it to you. Likewise, on the DS-230 package later.

Both the forms have a barcoded case# sheet that must be returned- additionally the I-864 has a Tax Info release form that has to be signed and is barcoded. The DS-230 package will have a GUZ special P-3 Supplemental form in it that must have Chinese entries (can be downloaded in advance here at links and resources P-3/4) and ALSO a photocopy of the S/O's passport bio. page.

The I-864 goes for a review cycle and also the DS-230 upon receipt at NVC . There is also a final review of ALL required documentation whereupon NVC will report "case completion" and later forward it to the Consulate.@@@

After that you get the P3 @@@Wrong, the NVC DS-230 package takes the place of a GUZ P-3. NO p-3 is sent out from GUZ for a CR-1 @@@, assuming your wife has named you agent of choice in the DS3032.
Send that back, and get P4 and invitation.

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(Edited 1 January 2005)

Q.3.1 K3, I-130 and the AOS
My wife has already received her P3 via the K3. Today, I received a letter requesting $65 from NVC or they won't further my I-130 application. However, my k3 was already sent to the Guangzhou Consulate and my wife has received her P3.

A.3.1.1
From your time line, it looks like your wife will get her K-3 interview before the I-130 gets to GZ - if you pursue the I-130 route. If getting her here faster and you're willing to do AOS on the K-3 rather than returning to GZ for the I-130 interview, notify NVC that is what you plan to do.
If getting her green card quicker is really a priority, then continue with the I-130 and plan on another interview in GZ. When she returns to the US, she will get her green card in a few weeks.
The other factor in all of this is where you would file AOS on the K-3. If it's Atlanta, figure on a couple of years to green card. If it's Portland, Oregon, figure 3 ~ 4 months.
Not sure all of that makes sense. By all means, get the K-3 and get her here quickly. The decision is whether to pursue the I-130 as well. Unless you really plan on her going back for the I-130 interview, save your money. The only reason for you to keep it going is to, perhaps, get her green card faster.
There's no *right* answer.

-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)

Q.3.2 K3 and CR1: Submit both or just CR1?

A.3.2.1
The CR1 will sit at the NVC for 3-4 months while you get all your paperwork sent in. The K visa's only stay at the NVC for 1 month. So if the time diff between your service center and Chi is significant enough, the K3 is still worth filing.

In my case and many other's the only purpose of the K3 is to get us a place in line for the interview several months quicker. While the CR1 finishes processing and is received at GZ. In my case I guesstimate the K3 helped xxxx to get an interview 5 months earlier then if just the CR1 was sent thru.

A.3.2.2
For people dealing with China, if you're married, I still would advise sending in the application for K3 ... because even though CR-1s are getting approved much faster than K3s at the USCIS service centers, the CR-1 takes much longer at the NVC stage. So the time savings is not as great as you would think. And then if you should have any problem or tie-up in the CR-1 case, such as an RFE, then the K3 case could surpass it. The K3 is like an insurance policy.

-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)

Q.3.3 CR-1 and IR-1?

Q.3.3.1
If you are married less than two years, that would be a CR-1. You need to be married two years for an IR-1

Q.3.3.2
You file for a CR-1 by filing an I-130 form. "CR" stands for "Conditional Residency". If you are a U.S. citizen and your marriage is less than 2 years old, your spouse will receive this kind of visa under the immigrant visa category. A CR-1 enjoys all the benifits as an LPR does, except, both you and your spouse will have to file a petition together to lift the conditional status 21 months after your spouse becomes a conditional resident (3 months before the conditional green card expires).

Q.3.3.3
Please note that if your marriage is less than 2 years old, your spouse will receive a conditional green card which will be valid for 2 years. You and your spouse MUST file form I-751 (Petition to Remove the Conditions of Residence) jointly 90 days before your spouse's green card expires. For further info: http://uscis.gov/graphics/howdoi/remcond.htm

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(Edited 31 May 2005)

Q.3.4 CR-1?

A.3.4.1
A CR-1 visa through a I-130 that is being processed at the NVC not Guangzhou. I got an email from Guangzhou saying to use copies or download forms from the internet when I was doing my P-3.

A.3.4.2
If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).
This must be signed by your wife and returned by her before the NVC will proceed.
Then they send you an Affidavit of Support Fee Bill, and freeze everything until your check clears the bank.
Then they ask for your Immigrant fee bill (around $365). Again, freeze frame until the check clears.
After that you get the P3, assuming your wife has named you agent of choice in the DS3032.

--------------------------------------------------

David here are some other comments. No offense to the writers. An "A" for effort but it's apparent they are not CR-1 people. I really believe that NVC needs it's own guide. There are special instuctions on the I-864 package, the actual process, timelines of major events and shortcut methods that frankly l don't care to take the time to write out. See the NVC forum at Visajourney for additional ideas/to see what a large bucket of worms detailing the NVC nuances can be. acw

david_dawei · June 3, 2005

David here are some other comments. No offense to the writers. An "A" for effort but it's apparent they are not CR-1 people. I really believe that NVC needs it's own guide. There are special instuctions on the I-864 package, the actual process, timelines of major events and shortcut methods that frankly l don't care to take the time to write out. See the NVC forum at Visajourney for additional ideas/to see what a large bucket of worms detailing the NVC nuances can be. acw

no offense taken.. but probably no need say it as it is simply peoples best attempt in the past to describe their understanding and share their experience, both editors so far have acknowledged needing to get more/better info for non-K1 visas.... and so... that's the reason for the review !!

As for the VJ ideas... I have read them and they sound particularly tempting to research and consider for a CR1... but my gut says that as a CFL FAQ, I'd prefer to just make a reference to this and allow those interested to pursue it further.

I liked how you stated this previously and so will probably use it :

Some folks at VJ recently report having sped through NVC in 68 days after getting a case number using various shortcuts. Typically 3- 6 months is what this has taken most to get through the NVC approval cycle in the past.

thanks for all your input !!

david_dawei · June 3, 2005

Can anyone else comment on verifying the attorney of record issue.. and if the DS-3032 doesn't occur in which cases and how;

1) Where in the process is this decided, because something like a G-28 "Notice of Entry of Appearance as Attorney ore Representative" is filed with the application ??

2) If #1 is true, then NVC will send the paperwork to attorney, but the GUZ issued items still go to beneficiary ??

CR1/IR1:

A.1.10.4

If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).

This must be signed by your wife and returned by her before the NVC will proceed.

@@@ The above (DS-3032) does not occur IF there is an attorney of record on file, I believe@@@

david_dawei · June 3, 2005

ok.. here is a CR1 process explanation I have pieced together... any comments:

A.4.4.3

A CR-1 Immigrant Visa has the added step of NVC approval after USCIS Service Center approval (DCF I-130's are slightly different) but before being sent to post. This step eliminates the need of Adjustment Of Status that the quote/unquote "NON IMMIGRANT" "K" visas do "after the fact".

1. After a few weeks of waiting for NVC to assign a new case # (GUZ type) we have to elect an Agent of Choice, on form DS-3032, (lawyer, petitioner, Beneficiary, etc.) where we want subsequent paperwork to be sent. (This must be signed by your wife and returned by her before the NVC will proceed.)

2. We then receive the Affidavit of Support and IV fee bills. (and freeze everything until your check clears the bank.)

3. After the payment of these fees to St. Louis is reconciled with NVC Portsmouth, NH they generate and mail the I-864 and later the DS-230 packages.

4. The DS-230 package contains a GUZ Special P-3 supplemental sheet. The NVC DS-230 package takes the place of a GUZ P-3. So that NO p-3 is sent out from GUZ for a CR-1, assuming your wife has named you agent of choice in the DS3032.

5. Both the forms have a bar coded case# sheet that must be returned- additionally the I-864 has a Tax Info release form that has to be signed and is bar coded. The DS-230 package will have a GUZ special P-3 Supplemental form in it that must have Chinese entries (can be downloaded in advance here at links and resources P-3/4) and ALSO a photocopy of the S/O's passport bio. page.

6. The I-864 goes for a review cycle and also the DS-230 upon receipt at NVC . There is also a final review of ALL required documentation whereupon NVC will report "case completion" and later forward it to the Consulate

5. From this point NVC ships the file to GUZ, clearance delays, log-in times, name checks GUZ, P-4 and the interview process are about the same as a K visa.

tonado · June 3, 2005

http://travel.state.gov/visa/immigrants/ty...es_1315.html#3a

bubbafred10 · June 4, 2005

From reading 001 website, my wife noticed those people with both K3 and CR1 in process, they will get interview date sooner. I am not sure if it is GUZ option to process the K3 faster, and by requesting to use the faster scheduled K3 interview for CR1 visa interview - hence the CR1 visa is obtained on a K3 schedule.

Does that make sense? If GUZ processes K3 visa faster and schedule the K3 interview sooner, then one can request the time slot for K3 interview for a CR1 interview.

This could be the only benefit of filing both CR1 and K3.

david_dawei · June 4, 2005

From reading 001 website, my wife noticed those people with both K3 and CR1 in process, they will get interview date sooner. I am not sure if it is GUZ option to process the K3 faster, and by requesting to use the faster scheduled K3 interview for CR1 visa interview - hence the CR1 visa is obtained on a K3 schedule.

Does that make sense? If GUZ processes K3 visa faster and schedule the K3 interview sooner, then one can request the time slot for K3 interview for a CR1 interview.

This could be the only benefit of filing both CR1 and K3.

I have gotten this impression as well..

I have understood this as the arguments for filing K3:

1) get to GUZ quicker and get in the queue for an interview (CR1 takes over spot)

2) in case something happens to the CR1, the K3 will get to GUZ

obxtrainman · June 4, 2005

Hello,

:greenblob: I am so confused, I had talked to immigrations on the phone several times, before I sent out packet. I was told to fill out the I-130. We were married in China Jan 31, 05.

They never said anything about a K3, I don't even know what it is.

All I do know, is that there has been no change in about a month, on processing date. Still stuck on Feb.28. in Cal. Ser.

Ai Ye is questioning about the timelines, and what we should be appling for :greenblob: I'm so confused

Ken

bubbafred10 · June 4, 2005

Ken,

Everyone has to file I-130 petition to start the process. NOA1 from I-130 petition is a required submittal for I-129F petition. The I-129F is a must for K1/K2 fiance visas, but optional for K3/K4 (spouse and stepchildren) petition.

If you have stepchild(ren) and they are to come to US with your laopo, then you need to file I-130 petition for each kid, if you want to get them CR2 visa.

With I-129F petition, an approved K3 (spouse) visa will extend to the kids K4 visa. When they are here in US, then you have to file for adjustment of status to get them permanent residence "green card" for laopo and the children. With I-130 CR1 and CR2 (or IR1/IR2), they will get green cards at point of entry.

With CR1 visa, laopo's green card allows her to work (employment).

With K3 visa, she cannot work (except non-paying volunteer work) until you have completed the adjustment of status and get her a green card. Many laopos are bored staying at home doing nothing, after a month or two, unless you have your own business where she can immediately participate with the business operation.

Fred

david_dawei · June 4, 2005

From reading 001 website, my wife noticed those people with both K3 and CR1 in process, they will get interview date sooner. I am not sure if it is GUZ option to process the K3 faster, and by requesting to use the faster scheduled K3 interview for CR1 visa interview - hence the CR1 visa is obtained on a K3 schedule.

Does that make sense? If GUZ processes K3 visa faster and schedule the K3 interview sooner, then one can request the time slot for K3 interview for a CR1 interview.

This could be the only benefit of filing both CR1 and K3.

Here was a thread discussing the issue...

david_dawei · June 6, 2005

Here is a K3 section.. this is info from VJ:

Is this too much , or missing info you think someone needs for K3 ?

Q.3.4 K3?

A.3.4.1

The U.S. citizen marries the foreign fiance in the USA or in another country (could be home country), the foreign fiancÃ©e goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

As soon as the US citizen receives the notice of receipt from the service center for the I-130 petition, the US citizen files an I-129F petition to the Chicago center address for a K-3 visa. Chicago sends this to the Missouri Center, and after Missouri approves the petition, it is forwarded to the foreign US consulate.

The remainder of the K3 spouse petition is similar to a fiance visa process. The K-3 spouse files for adjustment of status after entering the US, however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa.)

A.3.4.2 Pluses

K3 visa holder can work upon entry after getting social security card and an EAD.

NO advance parole needed for travel outside the US. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa.

K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status.

After receiving the k3 visa, the spouse enters on the K3 and is allowed to work and to travel, and may file adjustment of status BEFORE the I-130 petition is

approved.

Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

A.3.4.3 Minuses

K3 visa holder will have to file adjustment of status after entry or do consular processing of an I-130 in order to gain resident status.

May only adjust status based on marriage to original petitioner.

If the marriage fails before adjustment of status is complete, will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails.

EAD (work) card must be obtained via mail to Chicago INS office, and there will be some waiting time before one can work. The exact amount of time for work authorization is not known, but is thought to be a few months, possibly more.

Joanne · October 4, 2005

I have taken over completing the CFL FAQ on P3, P4, and Interviews. I'm grateful to nooneufo for all his efforts to do these prior to me.

I have been working on getting some items up to date and expanding where applicable. The most additions are for information about K3/CR1. ( I want to do DCF as a different post).

I want to get some input and would like responses to the questions I have...
1) The below is my working assumption, if something is not correct, please let me know.
2) Questions to follow that part..
3) The sub-section FAQs to follow last.

Comments on any of these three parts are welcomed. Please reference the section, even quoting the specific part would help. I'm hoping to sort out some questions I have and your answers and comments will most likely end up in the FAQ in some manner.

1) I know the gist of their processes, described below:
- A I-130 for CR1 is submitted first. When NOA1 is received, the [optional] I-129F can be submitted.
- The CR1 is processed through NVC; The K3 through GUZ.
- The K3 will get through the service center and NVC faster than CR1, and ultimately get to GUZ faster. Once the CR1 gets to GUZ, they will cancel the K3 unless told.
- When both are submitted, the K3 can save the CR1 some time.
- The CR1 will get a greencard faster (the AOS step in the US as done by K3 really occurs at NVC).
- The K3 was originally meant to get the SO to the US faster. This may not necessarily be correct in all cases now...
- The K3 acts as an insurance policy in case the CR1 has problems, the K3 will get to GUZ and get one queued up in the interview line.
- The SO can take the K3 visa and come to the US.. they could skip the AOS step in the US and wait for the CR1 visa. Returning to china to get CR1 visa , then returning to the US with PR. IR1 visa occurs once the marriage is 2 y.o.

-----

2) Questions.
a. Does CR1 go on to GUZ and is there an interview for CR1 ? Maybe briefly describe what happends after NVC has completed its approvals.
b. If someone wants to do CR1 only, I-129F is optional, yes?
c. If someone wants to do K3, they would let the K3 get to GUZ and need to wait for all NVC approvals.. and then let someone know to cancel the CR1 ?? Who do you notify and what is the terminology, cancel/close case?
c. If someone wants to do CR1 (and assuming they submitted K3 and the K3 got to GUZ first) , once the CR1 gets to GUZ, the K3 is automatically cancelled by GUZ?
d. Can I get specific examples from people who did:
1. CR1 - very briefly describe if you also did K3 and why ultimately you did CR1.. looking back, what advice do you have looking back.
2. K3 - very briefly describe why you decided on K3 and any advice looking back... I recently saw that Gene and Dave timelinese imply they did this (?)

----

3) FAQ subsections

-----------------------------------------------------------------------------------
(Edited 30 May 2005)

Q.1.10 Which forms do we send back after receiving the P3?

K1
A.1.10.1
When your fiancÃ©e gets the P3 packet in the mail she must return 3 forms:
1. DS-230
2. OF-169
3. P3 Supplemental Sheet

You should have your fiancÃ©e return these as soon as possible. You will have plenty of time afterwards to collect all the information they tell you to get for the interview. It helps if you practice filling these forms out ahead of time. (See sample forms question in P3 FAQ).

A.1.10.2
Packet 3 Supplemental Information Sheet
(questions 1 thru 6 answered)
DS-230 PART I
(questions 1 thru 25 answered)
OF-169 Optional Form
(page 3 signed and completed)
Your (optional term of endearment) will present all that other stuff during their interview.

K3:
A.1.10.3
If anyone is interested for future reference, I e-mailed Guangzhou and got this response:

"Thank you for your email. The Supplemental form is not needed for a K3 visa.
When Ms. XXXXX complete the forms, please return the forms 230-I and 169." -- April 2005

CR1/IR1:
A.1.10.4
If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).
This must be signed by your wife and returned by her before the NVC will proceed.
Then they send you an Affidavit of Support Fee Bill, and freeze everything until your check clears the bank.
Then they ask for your Immigrant fee bill (around $365). Again, freeze frame until the check clears.
After that you get the P3, assuming your wife has named you agent of choice in the DS3032.
Send that back, and get P4 and invitation.

---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------
(Edited 1 January 2005)

Q.3.1 K3, I-130 and the AOS
My wife has already received her P3 via the K3. Today, I received a letter requesting $65 from NVC or they won't further my I-130 application. However, my k3 was already sent to the Guangzhou Consulate and my wife has received her P3.

A.3.1.1
From your time line, it looks like your wife will get her K-3 interview before the I-130 gets to GZ - if you pursue the I-130 route. If getting her here faster and you're willing to do AOS on the K-3 rather than returning to GZ for the I-130 interview, notify NVC that is what you plan to do.
If getting her green card quicker is really a priority, then continue with the I-130 and plan on another interview in GZ. When she returns to the US, she will get her green card in a few weeks.
The other factor in all of this is where you would file AOS on the K-3. If it's Atlanta, figure on a couple of years to green card. If it's Portland, Oregon, figure 3 ~ 4 months.
Not sure all of that makes sense. By all means, get the K-3 and get her here quickly. The decision is whether to pursue the I-130 as well. Unless you really plan on her going back for the I-130 interview, save your money. The only reason for you to keep it going is to, perhaps, get her green card faster.
There's no *right* answer.

-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)

Q.3.2 K3 and CR1: Submit both or just CR1?

A.3.2.1
The CR1 will sit at the NVC for 3-4 months while you get all your paperwork sent in. The K visa's only stay at the NVC for 1 month. So if the time diff between your service center and Chi is significant enough, the K3 is still worth filing.

In my case and many other's the only purpose of the K3 is to get us a place in line for the interview several months quicker. While the CR1 finishes processing and is received at GZ. In my case I guesstimate the K3 helped xxxx to get an interview 5 months earlier then if just the CR1 was sent thru.

A.3.2.2
For people dealing with China, if you're married, I still would advise sending in the application for K3 ... because even though CR-1s are getting approved much faster than K3s at the USCIS service centers, the CR-1 takes much longer at the NVC stage. So the time savings is not as great as you would think. And then if you should have any problem or tie-up in the CR-1 case, such as an RFE, then the K3 case could surpass it. The K3 is like an insurance policy.

-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)

Q.3.3 CR-1 and IR-1?

Q.3.3.1
If you are married less than two years, that would be a CR-1. You need to be married two years for an IR-1

Q.3.3.2
You file for a CR-1 by filing an I-130 form. "CR" stands for "Conditional Residency". If you are a U.S. citizen and your marriage is less than 2 years old, your spouse will receive this kind of visa under the immigrant visa category. A CR-1 enjoys all the benifits as an LPR does, except, both you and your spouse will have to file a petition together to lift the conditional status 21 months after your spouse becomes a conditional resident (3 months before the conditional green card expires).

Q.3.3.3
Please note that if your marriage is less than 2 years old, your spouse will receive a conditional green card which will be valid for 2 years. You and your spouse MUST file form I-751 (Petition to Remove the Conditions of Residence) jointly 90 days before your spouse's green card expires. For further info: http://uscis.gov/graphics/howdoi/remcond.htm

-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)

Q.3.4 CR-1?

A.3.4.1
A CR-1 visa through a I-130 that is being processed at the NVC not Guangzhou. I got an email from Guangzhou saying to use copies or download forms from the internet when I was doing my P-3.

A.3.4.2
If you are going strictly with the I-130, the NVC would have sent you and your wife a DS3032 (also known as a Choice of Agent Doc).
This must be signed by your wife and returned by her before the NVC will proceed.
Then they send you an Affidavit of Support Fee Bill, and freeze everything until your check clears the bank.
Then they ask for your Immigrant fee bill (around $365). Again, freeze frame until the check clears.
After that you get the P3, assuming your wife has named you agent of choice in the DS3032.

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123799[/snapback]

Wish I had know your site long ago. You got some helpful information there.

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