What if I-130 catches up?

[Beermann]

Hi all. I just checked the processing dates for I-130's and they appear to have just made a HUGE jump from October 03 to March 28, 2005. What exactly would happen if our I-130 was approved before our K3 interview? Is there still the same interview process for the CR-1 Visa in Guangzhou? Thanks you so much!

[Guest Gene]

Our I-130 was approved aproximatly 6 months before our K-3 interveiw. I knew we would get the K-3 interveiw before the CR-1 would get to Guangzhou so I did not respond to NVC request for agent assignment. Then we have used the approved I-130 to file AOS here. Just let them progress at there own speed, the only way it would effect anything is if they both got to Guangzhou at the same time, the IV unit would choose the CR-1 Visa over the K-3 Visa

 

Put a timeline in your signature its easier to answer questions if we know what your status is.

Edited August 19, 2005 by Gene (see edit history)

[david_dawei]

In section 5 of the P3 FAQ are some comments about K3 vs CR1...

 

http://candleforlove.com/forums/index.php?showtopic=11293

 

 

You mentioned the idea of the CR1 getting approved before the K3 interview... It's one thing to be approved, yet another if it gets to the post (GUZ) before the interview.

 

Guys like Gene or Ty could better answer if there is any subtle timing difference in this.. meaning, will it's approval alone let it fall into the K3 interview slot or does it have to be at post to do this...

[Guest Gene]

.....will it's approval alone let it fall into the K3 interview slot or does it have to be at post to do this...

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The initial approval is done at the USCIS level, it still needs to go through the process at the NVC, assignment of agent, DS-230, I-864, and all fees paid, it is then sent to Guangzhou and if there at the same time as the K-3 is being processed for interview, my understanding is the K-3 will be dropped and they will proceed with the CR-1

Edited August 19, 2005 by Gene (see edit history)

[HanLi]

from what I gather, the interview does not significantly differ between the two types of visa's, saying that, the fiancee visa will probably have generally a few more questions. At least that is what I have picked up from reading all the interview questions in the FAQ's

 

good luck with your interview.... in the meantime, have some cheetos..

[Beermann]

So, if GUZ chooses to go with the CR-1, is there still a 5 month wait for an interview?

[Guest Gene]

Thanks for putting your timeline in. Last year your chances of the CR-1 and K-3 meeting in Guangzhou were pretty good. NBC was at about 5 to 6 months processing time and they started sending the I-130's to CSC. At this time though the NBC is about 2 to 4 weeks processing time so your I-129 should zip right along.

 

I believe P-3 to P-4 wait is about the same for K-3 and CR-1

[Beermann]

Thank you everyone for the replies on this! I'm just soaking all of this stuff up so at some point I thoroughly understand this entire process so that one day I can help couples just as you all are helping me.

[Guest Gene]

Thank you everyone for the replies on this! I'm just soaking all of this stuff up so at some point I thoroughly understand this entire process so that one day I can help couples just as you all are helping me.

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Just as long as you understand that you will be on medication by that time...............it's really not that bad

[frank1538]

Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=140424 for information on how GZ might determine which application to proceed with.

[perryf]

Haven't posted here in a while and there seems to be a level of confusion that's developed here.

 

Let's see if I can shed some light (or add to the confusion as the case may be):

 

CR1 (I130): Visa applied for if you are married. Applied for at your local service center

K1 (I129F): Visa applied for if you intend to marry. Applied for at your local service center

K3 (I129F): If you are already married, you have the option of applying for this visa after you receive your application number for the received I130. This is a special form of the I129F and is applied for at the National Visa Center in Il.

 

If you are already married, there are several possible outcomes if you file for both the CR1/K3:

 

1) CR1 gets approved first, goes thru all the processing at NVC (at least 2-3 months) and arrives in GZ before the K3. Your wife/husband will have a CR1 interview, receive a temp green card as soon as they arrive in the US. No more interviews. You can apply for a SSN the first day they are here.

 

2) K3 gets approved first. K3/K1 only spend about 1 month at the NVC before they are sent overseas. Your wife/husband will have to have an AOS interview once they arrive in the US. I'm not sure when they will be able to work with this status. And despite all the conjecture here, I don't believe there's any difference between K3/K1/CR1 interviews. Consulate reps use the same measure to determine truthfulness of your relationship. I doubt very, very highly they look at a particular relationship and think, "Since this is a K1, I'll approve. If it was a CR1, I'd look on it differently".

 

3) CR1/K3 get approved roughly the same time. Since the K3 spends little time at the NVC, it will arrive at GZ much more quickly. If the CR1 gets sent to GZ before the K3 interview, then you've spent your money to file the K3 to get your honey here quicker. You will be filling out paperwork for both the CR1 and K3 at the same time. But, as in my case, filling out the P3 for the K3 will get you into the queue earlier for an interview. The times to get an interview are the same K1/K3/Cr1 once the paperwork is at GZ.

 

So basically it just comes down to a question of timing. And how cheap you are are. In my case, I think having the K3 arrive at GZ while I was working on CR1 paperwork at the NVC shaved about 4 months off my schedule for CR1 processing. The CR1 arrived at GZ about 1 1/2 weeks before the K3 interview was scheduled. GZ immediately called Fanny and notified her that her interview was being changed to a CR1 interview.

 

So we got the CR1 interview which makes for an easier time once your SO is in the US. And got the interview about 4 months quicker cause the K3 got us into the queue.

 

HTH.

Edited August 20, 2005 by perryf (see edit history)

[ohioboy]

hi to all, a little help, my cr-1 made it to Guangzou 1 month before the k-3 did, even after going thru the nvc for the cr-1, my interview is sept 14, 13 months after i first filed the i-130, the consulate recieved the cr-1 and 1 month later recieved the k-3, so they combined them together, and it is a cr-1. the cr-1 was sent to the consulate and only 5 months later and much less hassle once she is here Keith