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K3 or CR1 ?????????


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K-3 visas were invented so spouses could come to the US and await processing of the I-130. It was intended to get couples together faster since the I-130 is so slow. Sometimes they are nearly as fast and some folks let the I-130 and the I-129F race each other to GZ then choose. It is advantageous to go with the CR-1 if the timeline is the same as K-3 since your wife's status will already be adjusted upon entering the US. Other wise she will need to file AOS when she arrives here or return to GZ for the I-130 interview.

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K4 is a derivative of the K3

CR2 is not a derivative of the CR1

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This posting is important for those with children involved. My spouse and I made an error interpreting the website and thought the CR1 umbrelled his daughter. Unfortunately, we had waited to receive the second Notice of approval and 4 months passed by. We have waited to allow the cases to catch up and have asked they process together (he has custody). So if you are applying for a CR1 and your spouse has a child under 21 you must file a separate I-130 if you want them to process together. My stepdaughter is 10 so we want her to process with him at the interview. This is a lesson learned, but hope I can pass this on to others.

Hope this helps. :D

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Ty, I know the CR-1 doesn't have a derivitive, but what is the visa type for a child? Is it another CR-1? I've never really gotten a handle on it.

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The IV's, like NIV's, are categorized into types. K2 and K4 are visa types for children as defined by the INA. This goes for IV's as well, (IR2 and CR2)

There is another category type immigrant visa for children (and spouses as well.) It is the IW1 and IW2.

 

All these visas, whether be IV's or NIV's, are the same. Only the types are different as defined by the INA.

 

Hope this helps....... :D

Edited by tywy_99 (see edit history)
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