Is it picking up both K3 and CR1 feasible?

[snoopy]

Most of us did not make clear decision when fill out form I-130 whether or not choose CR1 in GUZ or pick up K3 then change status in US. We all expect the process of CR1 will take longer time than K3's. By the end of 2005, USCIS speeds up their approval of petitions, we have seen lots of cases that CR1 and K3 both sending their packet 3 to GUZ at close time. It results in K3 being canceled / combined to allow CR1 continue but will take additional 4-5 months to get an interview.

 

What is the procedure or how do we inform GUZ that when above occurs GUZ will not automatically combine two processes but let someone pick up K3 visa first then interview for for CR1 wherever he/she is waiting in China or US? Thanks in Advance.

[snoopy]

Most of us did not make clear decision when fill out form I-130 whether or not choose CR1 in GUZ or pick up K3 then change status in US. We all expect the process of CR1 will take longer time than K3's. By the end of 2005, USCIS speeds up their approval of petitions, we have seen lots of cases that CR1 and K3 both sending their packet 3 to GUZ at close time. It results in K3 being canceled / combined to allow CR1 continue but will take additional 4-5 months to get an interview.

 

What is the procedure or how do we inform GUZ that when above occurs GUZ will not automatically combine two processes but let someone pick up K3 visa first then interview for for CR1 wherever he/she is waiting in China or US? Thanks in Advance.

194461[/snapback]

Unless the CR1 papers have arrived at station (GUZ) you proceed with the K3 unless you choose to cancel it. If the K3 is not yet issued and the CR1 petition arrives at station, the K3 is automatically cancelled and the CR1 proceeds.

 

The K3 is only available "when an immigrant visa (CR1) is not immediately available". So when the CR1 is at station, K3 is no longer available because the CR1 is immediately available. Clear as mud?

194530[/snapback]

Explanation is clear as crystal. Problem is "when CR1 is at station", it will still take 4-5 months or even longer to complete. In this case, we don't want "K3 is automatically cancelled" happen and ask for ways to keep K3 live. CR1 can proceed, people can get this visa later (compare to change status in US, this could be faster). We heard people holding K3 in US then came back for CR1 interview, how do they manage to get this around?

[david_dawei]

If you, after filing for the I-130, decide to file the optional K3/I-129... the K3 will eventually go to GUZ and be schedule for an interview slot.

 

The K3 is only cancelled if the CR1 case gets to the post. You need to realize that what really happens is that the CR1 simply takes the slot of the K3, it skips ahead to that slot.. Once both are at post, they do not hold two interview slots (although exceptions do happen and an email to GUZ to correct that issue will do).

 

If the CR1 does not get to post by the time of the k3 interview, then you will attend the K3 interview and will decide on whether to also attend the CR1 interview or adjust status in the US...

[frank1538]

David pretty much nailed it. Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=139225

 

"...If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application."

 

Bottom line is you get K-3 or immigrant visa, not both. You get one crack at the bat, not two.

[Joanne]

In my case, I received interview date for K3 first. Knowing that my CR1 case had arrived GUZ, I requested to cancel K3. In the end, my CR1 interview was scheduled for the original K3 date to replace the K3 interview. No delay at all.

[Matman]

If you, after filing for the I-130, decide to file the optional K3/I-129... the K3 will eventually go to GUZ and be schedule for an interview slot. 

 

The K3 is only cancelled if the CR1 case gets to the post. You need to realize that what really happens is that the CR1 simply takes the slot of the K3, it skips ahead to that slot.. Once both are at post, they do not hold two interview slots (although exceptions do happen and an email to GUZ to correct that issue will do).

 

If the CR1 does not get to post by the time of the k3 interview, then you will attend the K3 interview and will decide on whether to also attend the CR1 interview or adjust status in the US...

195111[/snapback]

This brings up a question about my case. We where married In HK. I know I have to file I-130 before I can file K-3.. I-130 goes to GUZ because SO lives in Shenzhen. I checked her HK ID card and she doesn't have right of abode In HK even though she lives there part of the week when she works. The K-3 will go to HK because of place of marriage. How does this usuall play out? I'm hoping the K-3 will come first then do AOS when she gets here. So we won't have to make a trip back to china for interview.