CR-1 via I-130 and K-3 via I-129f

[miker32us]

I have a question about these two types of visas. I married a Taiwanese national in October, filed the I-130 in February got the NOA and filed the I-129f in March. So we have two applications in process at this time. When the I-129f is approved and we abandon the I-130 can my wife come to the US and then go back to Taiwan to complete some business there or does she have to stay here in the US as she would have to on the CR-1. In other words, on a K-3 visa does she have more freedom to travel than on a CR-1?

[frank1538]

The K-3 is a multi-entry visa, so your wife will be able to re-enter the US as long as the visa is still valid (2 year validity, I think).

 

Just a couple of points of clarification. The CR-1 classification is an immigrant classification, so if she were to first enter the US on her CR-1, upon entry she would become a legal permanent resident. While it would take a while for her to actually receive her green card, her passport would be stamped with the I-551 stamp, essentially proof of her status an an LPR. As an LPR, she would also be able to re-enter the US.

 

Before I abandoned the I-130 in favor of the K-3, I would be inclined to ascertain where both petitions are in the process. If it looked like the I-130 might get to Taipei first, I would consider going with it rather than the K-3.

[Guest pushbrk]

The K-3 is a multi-entry visa, so your wife will be able to re-enter the US as long as the visa is still valid (2 year validity, I think).

 

Just a couple of points of clarification.  The CR-1 classification is an immigrant classification, so if she were to first enter the US on her CR-1, upon entry she would become a legal permanent resident.  While it would take a while for her to actually receive her green card, her passport would be stamped with the I-551 stamp, essentially proof of her status an an LPR.  As an LPR, she would also be able to re-enter the US.

 

Before I abandoned the I-130 in favor of the K-3, I would be inclined to ascertain where both petitions are in the process.  If it looked like the I-130 might get to Taipei first, I would consider going with it rather than the K-3.

202521[/snapback]

Frank is correct but one thing you mentioned caught my attention. Since going back to Taiwan in the somewhat near future seems to be in your wife's plans anyway, you may want to consider allowing the CR1 to complete even if it is a few months AFTER the K3. She can then go back to Taiwan for the CR1 interview and save all the trouble of adjusting status in the US.

 

While this is often not a particularly desireable option, it may well be in your wife's case. You can delay your decision on this until you have a CR1 interview date. Coming to the USA on the K3 does not automatically abandon the CR1. It's just one of the options.

[david_dawei]

And in order to keep the CR1 as an option, you'll need to follow through with the NVC paper shuffle that will occur (sending you papers and fees and you return them).

 

Once you start some of the CR1 steps, particularly paying fees, then you'll have to decide if you still stop pursuing it after some investment in it.

 

To start CR1 payments or not, this is the question.. since it will still be a little early in the process for both of them. Some pursue both, ride them both out and see which gets to the finish line first... leaving both options open to the very end... Even the option to come here on K3 and go back to collect the CR1 (obviously two interviews in GUZ, instead of one of them in the US)...

[miker32us]

And in order to keep the CR1 as an option,  you'll need to follow through with the NVC paper shuffle that will occur (sending you papers and fees and you return them).   

 

Once you start some of the CR1 steps, particularly paying fees,  then you'll have to decide if you still stop pursuing it after some investment in it.

 

To start CR1 payments or not, this is the question.. since it will still be a little early in the process for both of them. Some pursue both, ride them both out and see which gets to the finish line first... leaving both options open to the very end... Even the option to come here on K3 and go back to collect the CR1 (obviously two interviews in GUZ, instead of one of them in the US)...

202530[/snapback]

Ah some very good points here. I was not planning to abandon the I-130 until we got the I-129F approval. The one thing I wanted to determine was how much time she will be given to complete the K-3 process. I thought if the I-130 was approved and she did the medical and then came to the US she would have to stay here or petition for parole to travel back to Taiwan.

[david_dawei]

And in order to keep the CR1 as an option,  you'll need to follow through with the NVC paper shuffle that will occur (sending you papers and fees and you return them).   

 

Once you start some of the CR1 steps, particularly paying fees,  then you'll have to decide if you still stop pursuing it after some investment in it.

 

To start CR1 payments or not, this is the question.. since it will still be a little early in the process for both of them.   Some pursue both, ride them both out and see which gets to the finish line first... leaving both options open to the very end...   Even the option to come here on K3 and go back to collect the CR1 (obviously two interviews in GUZ, instead of one of them in the US)...

202530[/snapback]

Ah some very good points here. I was not planning to abandon the I-130 until we got the I-129F approval. The one thing I wanted to determine was how much time she will be given to complete the K-3 process. I thought if the I-130 was approved and she did the medical and then came to the US she would have to stay here or petition for parole to travel back to Taiwan.

202561[/snapback]

Right.. I understand you... and I think Frank already answered that travel issue (K3 can travel, no difference for traveling than CR1)...

 

Just want to make sure some of the issues are thought through..

 

Good luck and look forward to seeing your progress updates !

[Joanne]

I was in the similiar situation. This is what I did:

 

We continued the processing along both routes. K-3 went a bit faster, so I received interview appointment for K-3 visa before I received that for IR-1 (IR-1 is similar to CR-1. It's for people being married for more than two years). At this point, I have received a notice that our IR-1 case has been sent to Consulate in Guangzhou.

 

I wrote an email to Guangzhou asking whether they could schedule my IR-1 interview to the same date of the K-3 interview. The result is that they sent me, within two weeks, the P4 for IR-1, the interview date was the original K-3 interview date, but the visa category had been changed to IR-1. There was also a stamp and hand writing on this appointment letter, stating that this appointment was to replace the K-3 interview.

This way I received permanent resident status at point of entry, saved trouble of going back to Guangzhou for a later IR-1 interview or filing adjustment of status in US.

 

I have heard that even if I didn't write the email to request of a change of interview, the consulate would automatically replace the K3 if the IR-1 was ready. I don't know of any specific case and would rather initiate the action.

 

If you concern is more about travel. I think as a PR, she is allowed to re-enter without a visa as long as she does not stay away from US for over a year.

[miker32us]

I was in the similiar situation.  This is what I did:

 

We continued the processing along both routes.  K-3 went a bit faster, so I received interview appointment for K-3 visa before I received that for IR-1 (IR-1 is similar to CR-1.  It's for people being married for more than two years).  At this point, I have received a notice that our IR-1 case has been sent to Consulate in Guangzhou. 

 

I wrote an email to Guangzhou asking whether they could schedule my IR-1 interview to the same date of the K-3 interview.  The result is that they sent me, within two weeks, the P4 for IR-1, the interview date was the original K-3 interview date, but the visa category had been changed to IR-1.  There was also a stamp and hand writing on this appointment letter, stating that this appointment was to replace the K-3 interview.

This way I received permanent resident status at point of entry, saved trouble of going back to Guangzhou for a later IR-1 interview or filing adjustment of status in US. 

 

I have heard that even if I didn't write the email to request of a change of interview, the consulate would automatically replace the K3 if the IR-1 was ready.  I don't know of any specific case and would rather initiate the action.

 

If you concern is more about travel.  I think as a PR, she is allowed to re-enter without a visa as long as she does not stay away from US for over a year.

202578[/snapback]

Thank you Joanne I did not realize a CR-1 allowed her to travel, I thought I needed a K-3 for travel and with the CR-1 it was considered abandonment of status and she would have to apply for re-entry. I have read so many of thee posts on this and the China/US Yahoo site my mind is getting clouded. That is a key point, I think we both would rather she wait out the CR-1 in Taiwan and get one medical exam and interview, then come here.

[Larry T]

I have a question about these two types of visas. I married a Taiwanese national in October, filed the I-130 in February got the NOA and filed the I-129f in March. So we have two applications in process at this time. When the I-129f is approved and we abandon the I-130 can my wife come to the US and then go back to Taiwan to complete some business there or does she have to stay here in the US as she would have to on the CR-1. In other words, on a K-3 visa does she have more freedom to travel than on a CR-1?

202518[/snapback]

A word of caution. A K3 entitles her to mulitple entries, however, she is still required to apply for a reentry permit, which is also good for two years. Currently, the NE service center is about three months behind on these applications. You can apply while here in the US and pick the reentry permit up from the local consulate.

 

Larry T

[frank1538]

I have a question about these two types of visas. I married a Taiwanese national in October, filed the I-130 in February got the NOA and filed the I-129f in March. So we have two applications in process at this time. When the I-129f is approved and we abandon the I-130 can my wife come to the US and then go back to Taiwan to complete some business there or does she have to stay here in the US as she would have to on the CR-1. In other words, on a K-3 visa does she have more freedom to travel than on a CR-1?

202518[/snapback]

A word of caution. A K3 entitles her to mulitple entries, however, she is still required to apply for a reentry permit, which is also good for two years. Currently, the NE service center is about three months behind on these applications. You can apply while here in the US and pick the reentry permit up from the local consulate.

 

Larry T

202606[/snapback]

Are you sure about this? For some reason, I thought re-entry permits were available only to legal permanent residents. As a K-3 visa holder, she would not be an LPR.

[david_dawei]

I have a question about these two types of visas. I married a Taiwanese national in October, filed the I-130 in February got the NOA and filed the I-129f in March. So we have two applications in process at this time. When the I-129f is approved and we abandon the I-130 can my wife come to the US and then go back to Taiwan to complete some business there or does she have to stay here in the US as she would have to on the CR-1. In other words, on a K-3 visa does she have more freedom to travel than on a CR-1?

202518[/snapback]

A word of caution. A K3 entitles her to mulitple entries, however, she is still required to apply for a reentry permit, which is also good for two years. Currently, the NE service center is about three months behind on these applications. You can apply while here in the US and pick the reentry permit up from the local consulate.

 

Larry T

202606[/snapback]

Are you sure about this? For some reason, I thought re-entry permits were available only to legal permanent residents. As a K-3 visa holder, she would not be an LPR.

202639[/snapback]

My understanding is that :

- Aside from the LPR usage, Re-entry permits are also used for conditional residence who go out of the country for more than a year...

- As long as the K3 visa holder does not approach this length of time, they should be able to simply use the K3 visa to come back into the US...

[warpedbored]

I have a question about these two types of visas. I married a Taiwanese national in October, filed the I-130 in February got the NOA and filed the I-129f in March. So we have two applications in process at this time. When the I-129f is approved and we abandon the I-130 can my wife come to the US and then go back to Taiwan to complete some business there or does she have to stay here in the US as she would have to on the CR-1. In other words, on a K-3 visa does she have more freedom to travel than on a CR-1?

202518[/snapback]

Afew clarifications seem necessary here. First of all you can't abandon the I-130 in favor of the I-129 F once the I-129F is approved. The I-130 is the basis for the petition. It can't be abandoned until it is approved. Here is how it works.

The Govt recognizes that the CR-1 visa process is too slow so they came up with the K-3 Visa. The K-3 visa is obtained by filing the I-129F after NOA-1. It allows the beneficiary 2 options. Come to the US and adjust status to LPR once the I-130 is approved or wait until the I-130 makes it to the consulate you filed through and return for a CR-1 interview. The advantage to the CR-1 visa is once your wife enters the USA her status is automatically adjusted and there is no need to file for an adjustment of status. Her green card and SSN will come in a matter of weeks. The advantage to K-3 is it usually gets her here quicker and allows her to adjust status here rather than return to her country of origin. Both Visas are multiple entry visas.

Edited March 29, 2006 by warpedbored (see edit history)