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You will have an interview, for AOS in the USA, or If you choose to return to China, you could have the CR-1 interview. We have been planning to return, but our I-130 is still being held at CSC pending my I-824 approval. We will be given our interview date any day. Mike & Zhen

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The K-3 was developed so that spouses could wait in the US for the I-130 to make it's way through the system. You have the option of doing AOS in the states or returning to China for a CR-1 interview.sometimes the I-130 beats the K-3 to the consulate or they arrive the same time. If so it is usually in your best interests to take the CR-1

Edited by warpedbored (see edit history)
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The K-3 was developed so that spouses could wait in the US for the I-130 to make it's way through the system. You have the option of doing AOS in the states or returning to China for a CR-1 interview.sometimes the I-130 beats the K-3 to the consulate or they arrive the same time. If so it is usually in your best interests for take the CR-1

Also lately, if USCIS sees K-3 started before the I-130 is approved, they will assume that the K-3 will adjust status in the USA, and just hold the approved I-130 for (CR-1) and forward the approved I-129F for the K-3 on to NVC and consulate, in order to move the CR-1 along you need to file I-824 with a $200 fee to make USCIS move the approved I-130 on to NVC. So in most cases, if a K-3 is started, the CR-1 stops at USCIS.

 

They are doing this because NVC was processing many CR-1 cases only to waste time and resources because the K-3 adjusts status in the USA.

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In July the I-824 fee will increase to $340. Right now, if you go for the CR-1, straight I-130, it seems to be very close in time to the K-3 in GUZ. In some places the K-3 is much faster. If you file the I-824 as I have done, the first and only one here at CFL, you can see that the I-824 hasn't even been approved yet. It could take 6, or 8 mo.longer, maybe more! I think the new proceedure of holding the I-130 will get people to choose 1 visa or the other. Mike & Zhen

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As Dan said, and I want to make sure it is clear, the new processing method of holding the I-130 (due to filing a I-129F/K3) does not allow you to follow up with a CR1 interview UNLESS...

1) You file the I-824 AND

2) You do all the NVC steps AND

3) You do the [CR1] P4 step

 

NOW, In most cases, if you pursue the K3, you'll end up adjusting in the US.

 

If you truly want the CR1, one is best to not stop it.. don't file the I-129F (if at all) till the I-130 gets to NVC... JMO.

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As Dan said, and I want to make sure it is clear, the new processing method of holding the I-130 (due to filing a I-129F/K3) does not allow you to follow up with a CR1 interview UNLESS...

1) You file the I-824 AND

2) You do all the NVC steps AND

3) You do the [CR1] P4 step

 

NOW, In most cases, if you pursue the K3, you'll end up adjusting in the US.

 

If you truly want the CR1, one is best to not stop it.. don't file the I-129F (if at all) till the I-130 gets to NVC... JMO.

Do you think it is best to do the CR1 instead of adjusting status in the USA?

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David, thank you for clarifying my point. there is no one perfect answer, every couple must choose the path that is right for them. Our path has been evolving, and anyday it could be changed AGAIN, by proceedure, policy, and fees. It is a "crapshoot", we must choose and follow until the end.

Right now, we will get the K-3! We are moving at a good pace. Everything else has been directed by the USCIS, DOS. We may not even get an approval for the I-824, because we have a K-3 interview. We don't know what they will tomorrow or the next day. Our $200 might be a complete waste of time. On the other hand, Zhen will be with me soon, and maybe the CR-1 will fit nicely into our shcedule for retuning to China to visit. We can also change our mind and file AOS in the states! Mike & Zhen

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David, thank you for clarifying my point. there is no one perfect answer, every couple must choose the path that is right for them. Our path has been evolving, and anyday it could be changed AGAIN, by proceedure, policy, and fees. It is a "crapshoot", we must choose and follow until the end.

Right now, we will get the K-3! We are moving at a good pace. Everything else has been directed by the USCIS, DOS. We may not even get an approval for the I-824, because we have a K-3 interview. We don't know what they will tomorrow or the next day. Our $200 might be a complete waste of time. On the other hand, Zhen will be with me soon, and maybe the CR-1 will fit nicely into our shcedule for retuning to China to visit. We can also change our mind and file AOS in the states! Mike & Zhen

We have no choice but to follow it to the end. I wish you much luck in this process. Make an informed desicion and run with it. The rest is pure luck.

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If we knew in November what we know now, 20/20 hindsight we would have chosen the CR-1. Only file the I-130, and stick with it. We were hoping to have the I-130 catch the I-129F just like (NUWORLD, Mike), but they changed the proceedure, and we were in a catch - 22. Unknown territory, I filed the I-824. Now we will have the choice in the distant future. At least we will be together, Mike & Zhen

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One thing to remember is that in K-3 / CR-1 cases you can't file AOS on the K-3 until the I-130 has been approved. A K-3 is based on the I-130. It does not stand independently. Once the I-130 is approved you can adjust status in the US or go to China for interview once the I-130 makes it's course through the consulate. In this case K-3 and AOS state side is usually faster.

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As Dan said, and I want to make sure it is clear, the new processing method of holding the I-130 (due to filing a I-129F/K3) does not allow you to follow up with a CR1 interview UNLESS...

1) You file the I-824 AND

2) You do all the NVC steps AND

3) You do the [CR1] P4 step

 

NOW, In most cases, if you pursue the K3, you'll end up adjusting in the US.

 

If you truly want the CR1, one is best to not stop it.. don't file the I-129F (if at all) till the I-130 gets to NVC... JMO.

Do you think it is best to do the CR1 instead of adjusting status in the USA?

My personal opinion is for someone to pursue the CR1... give the gift of arriving with a GC instead of frustrations of adjustment and having to file EAD just to get a social security number...

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As Dan said, and I want to make sure it is clear, the new processing method of holding the I-130 (due to filing a I-129F/K3) does not allow you to follow up with a CR1 interview UNLESS...

1) You file the I-824 AND

2) You do all the NVC steps AND

3) You do the [CR1] P4 step

 

NOW, In most cases, if you pursue the K3, you'll end up adjusting in the US.

 

If you truly want the CR1, one is best to not stop it.. don't file the I-129F (if at all) till the I-130 gets to NVC... JMO.

Do you think it is best to do the CR1 instead of adjusting status in the USA?

My personal opinion is for someone to pursue the CR1... give the gift of arriving with a GC instead of frustrations of adjustment and having to file EAD just to get a social security number...

 

 

This seam to be the case with my wife and I.

 

CR1 was logged in the day of our interview or the day before.

It was not there or logged in the friday before, This was one of my questions during ACH.

 

Now i have a question about the CR1, Like David has said.

give the gift of arriving with a GC instead of frustrations of adjustment and having to file EAD just to get a social security number...

 

When my wife arrives in the U.S. does she get the G.C. there on the spot? or do we need to do more paper work?

 

I think i understand the process of getting the SS#.

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