Dual file K3 - CR-1

[Corbin]

Now I know this has been talked about before but I can't find anything about it. If I wanted to file for a K3 and also file for a CR-1 what do I have to do.

 

If I remember correctly and read it right, first I file an I-130 and wait for the NOA-1 then file the I-129F for the K3. Does this stop the clock on the CR-1?

 

She is wanting to file as a K3, but I'm trying to show her the pro's to file as a CR-1. Then I remembered that both can be done at the same time. She want the shortest time, but we want to marry in China so the K1 is not an option.

[chilton747]

Perhaps when you explain to her that the K3 takes more money, then maybe she will listen a little more closely.

[rogerinca]

David Z. and others had addressed this previously. Here are a couple of good links, which outlines some of the changes to the process last year:

 

 

http://candleforlove.com/forums/index.php?...e+race+K-3+CR-1

 

 

http://candleforlove.com/forums/index.php?...c=29985&hl=

Edited March 22, 2008 by rogerinca (see edit history)

[dnoblett]

Yes file I-130 for CR-1 to the Chicago PO Box, then wait for NOA1, then file the I-129F for K-3 with a copy of I-130 NOA1 letter to the service center handling the I-130.

 

Filing the I-129F essentially stops the I-130 from being sent to NVC for consular processing of the CR-1. The decision to go CR-1 or K-3 MUST be made before filing the I-129F. You cannot "Duel file then and let then horse race, it is one or the other. To get USCIS to move the approved I-130 on to NVC for counselor processing in K-3 cases you need to file I-824 and pay a fee $340, and I-824 can take months to process

 

SEE: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

 

Pros and Cons:

 

CR-1 PRO:

 

Less expensive in the long run, NO filing for AOS $1010

Results in a green-card immediately upon entry to the USA.

IS immediately work authorized, NO waiting for EAD

Can get SSN shortly after entry to the USA.

Can apply for a drivers permit of license shortly after arriving in the USA.

 

CR-1 Con:

Takes slightly longer than K-3, perhaps 1-3 months longer for NVC to process the I-864 and other documents before petition gets sent to GUZ.

 

K-3 Pro:

Slightly quicker to process, Like K-1 it passes through NVC in less than a month.

 

K-3 CONS:

Added cost of adjustment of status ($1010)

Cannot work until either having EAD or green-card in hand.

EAD can take 90 days or more to get.

AOS can take months to YEARS to process.

Cannot get SSN until having EAD or Green-card.

Cannot apply for driver's license until having EAD or Green-Card and SSN.

 

There are so many posts on VJ of K-3 people complaining about having to sit arround the home because they do not have EAD or Green-card so that they can get on with life in the USA.

 

The CR-1 is an immigrant visa and is superior to the K-3.

 

Finally. The original intent of the K-3 was to reunite a couple when CR-1 was taking YEARS longer than K-1, for the most part this is no longer the case, CR-1 is only taking a little longer than K-3.

 

Compare timelines.

 

http://www.visajourney.com/timeline/k1list...na&dfile=No (K-3)

http://www.visajourney.com/timeline/k1list...na&dfile=No (CR-1)

Edited March 22, 2008 by dnoblett (see edit history)

[Corbin]

I'm also wondering is there a chart some where that shows the cost of the fees for both the K3 and CR-1 visa's? This would be good in explaining the pro's n con's of each to our loved one.

 

I know the pro's n con's of these thanks to all who have replied and what I have read before.

[david_dawei]

Hopefully others will cross check this and correct.. this is not all the fees (both need notarial translations)... but this is the main difference as I see it.

 

 

CR1:

I-130 Petition fee: $355 (USCIS)

IV fee: $355 (NVC)

Additional Fees: $115 (NVC)

Subtotal: $825

 

K3:

I-130 Petition fee: $355 (USCIS)

IV fee: $131 (Consulate)

Adjustment of Status: $1,010 (USCIS)

Subtotal: $1,496

Edited March 22, 2008 by DavidZixuan (see edit history)

[rogerinca]

Hopefully others will cross check this and correct.. this is not all the fees (both need notarial translations)... but this is the main difference as I see it.

 

 

CR1:

I-130 Petition fee: $355 (USCIS)

IV fee: $355 (NVC)

Subtotal: $710

 

K3:

I-130 Petition fee: $355 (USCIS)

I-129F Petition fee: $455 (NBC)

Adjustment of Status: $1,010 (USCIS)

Subtotal: $1,820

 

 

Stats look good to me David !!!

 

$1820.00 divided by 12 = $151.00 per month……what price; for one’s eternal happiness ??

Edited March 22, 2008 by rogerinca (see edit history)

[dnoblett]

Hopefully others will cross check this and correct.. this is not all the fees (both need notarial translations)... but this is the main difference as I see it.

 

 

CR1:

I-130 Petition fee: $355 (USCIS)

IV fee: $355 (NVC)

Subtotal: $710

 

K3:

I-130 Petition fee: $355 (USCIS)

I-129F Petition fee: $455 (NBC)

Adjustment of Status: $1,010 (USCIS)

Subtotal: $1,820

Note: their is no fee for I-129F since last July 30. However you did forget the NON-Immigrant fee for DS-156 $131

 

K-3 $1496 in fees to USCIS and DOS

 

Filing Fee : $455. There is no fee for petitions for K-3 status based on an immigrant petition (I-130) filed by the same U.S. citizen.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

As for CR-1 the DOS fees are also different.

 

IV Bill is $355 + $45 NVC surcharge, and another $70 for NVC to handle the I-864.

 

http://travel.state.gov/visa/temp/types/types_1263.html#perm

 

So CR-1 or IR-1 are $825

 

Anyway, for many the cost is not a factor and go for K-3. Later they feel the pain of AOS and waiting for green card or EAD. Nothing like having a K-3 non-immigrant come to the USA and then realize they cannot do anything for 90 days or more because they do not have EAD or green-card.

Edited March 22, 2008 by dnoblett (see edit history)

[david_dawei]

thx.

 

I updated my summary of the costs...

 

I believe the IV bill and the NIV bill are for the DS-230...

[Corbin]

Hopefully others will cross check this and correct.. this is not all the fees (both need notarial translations)... but this is the main difference as I see it.

 

 

CR1:

I-130 Petition fee: $355 (USCIS)

IV fee: $355 (NVC)

Subtotal: $710

 

K3:

I-130 Petition fee: $355 (USCIS)

I-129F Petition fee: $455 (NBC)

Adjustment of Status: $1,010 (USCIS)

Subtotal: $1,820

Note: their is no fee for I-129F since last July 30. However you did forget the NON-Immigrant fee for DS-156 $131

 

K-3 $1496 in fees to USCIS and DOS

 

Filing Fee : $455. There is no fee for petitions for K-3 status based on an immigrant petition (I-130) filed by the same U.S. citizen.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

As for CR-1 the DOS fees are also different.

 

IV Bill is $355 + $45 NVC surcharge, and another $70 for NVC to handle the I-864.

 

http://travel.state.gov/visa/temp/types/types_1263.html#perm

 

So CR-1 or IR-1 are $825

 

Anyway, for many the cost is not a factor and go for K-3. Later they feel the pain of AOS and waiting for green card or EAD. Nothing like having a K-3 non-immigrant come to the USA and then realize they cannot do anything for 90 days or more because they do not have EAD or green-card.

Do they get the Green Card on upon entry into the US with a CR-1 or is it sent shortly after the arrive?

[rogerinca]

Hopefully others will cross check this and correct.. this is not all the fees (both need notarial translations)... but this is the main difference as I see it.

 

 

CR1:

I-130 Petition fee: $355 (USCIS)

IV fee: $355 (NVC)

Subtotal: $710

 

K3:

I-130 Petition fee: $355 (USCIS)

I-129F Petition fee: $455 (NBC)

Adjustment of Status: $1,010 (USCIS)

Subtotal: $1,820

Note: their is no fee for I-129F since last July 30. However you did forget the NON-Immigrant fee for DS-156 $131

 

K-3 $1496 in fees to USCIS and DOS

 

Filing Fee : $455. There is no fee for petitions for K-3 status based on an immigrant petition (I-130) filed by the same U.S. citizen.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

As for CR-1 the DOS fees are also different.

 

IV Bill is $355 + $45 NVC surcharge, and another $70 for NVC to handle the I-864.

 

http://travel.state.gov/visa/temp/types/types_1263.html#perm

 

So CR-1 or IR-1 are $825

 

Anyway, for many the cost is not a factor and go for K-3. Later they feel the pain of AOS and waiting for green card or EAD. Nothing like having a K-3 non-immigrant come to the USA and then realize they cannot do anything for 90 days or more because they do not have EAD or green-card.

 

 

I am somewhat confused by this statement ??

 

I was not aware of any limitations on our activities while waiting for the K-3 AOS/GC approval ??

 

Can we travel anywhere in the US, without their GC’s --Yes.

 

Can we travel back and forth between California and China, whenever we want --Yes.

 

Can we live together as husband and wife --Yes.

 

Can we raise our children together as a family --Yes.

 

The statement “cannot do anything” must be a misstatement ??

 

I can assure you, along with our collective three kids, my wife and I will have plenty to do--a full plate of things to do--when we are together here in the US; notwithstanding, if the AOS and GC take 90 days or nine months to accomplish.

 

Moreover, I can further assure you, for my wife/daughter and me, the emotional “pain” is much greater, in our separation across the other side of the Planet; than any pain we could [inconceivably] feel, by being together, as a family, while waiting for the AOS process to run its course.

 

You were very fortunate Dan, having had your K-1 take less than seven months to completely process from NOA-1 to interview date.

 

There are so many of us now, who have had to wait over seven months, just to get to the doorstep of GUZ, let alone receive even the P-3.

 

Therefore, each additional month we are separated, is to know what pain really is.

Edited March 23, 2008 by rogerinca (see edit history)

[tsap seui]

I ain't even gonna say anything.

 

tsap seui

[dnoblett]

 

Do they get the Green Card on upon entry into the US with a CR-1 or is it sent shortly after the arrive?

The POE officer will stamp passport with I-551 stamp, making passport a temp green-card, and the actual card arrives in the mail shortly after.

 

So accentually the CR-1 holder gets green-card immediately upon arrival into the USA.

[NUWORLD]

 

Do they get the Green Card on upon entry into the US with a CR-1 or is it sent shortly after the arrive?

The POE officer will stamp passport with I-551 stamp, making passport a temp green-card, and the actual card arrives in the mail shortly after.

 

So accentually the CR-1 holder gets green-card immediately upon arrival into the USA.

 

Dan is right, like always.

My wife arrived on a CR1.

two weeks after arriving, Received GC.

Two weeks after that received SS#.

One week after that was working in the U.S.

 

So 5 weeks after arriving in the U.S. on a CR1.

Received GC, SS#, and was working.

[Corbin]

Do they get the Green Card on upon entry into the US with a CR-1 or is it sent shortly after the arrive?

The POE officer will stamp passport with I-551 stamp, making passport a temp green-card, and the actual card arrives in the mail shortly after.

 

So accentually the CR-1 holder gets green-card immediately upon arrival into the USA.

Dan is right, like always.

My wife arrived on a CR1.

two weeks after arriving, Received GC.

Two weeks after that received SS#.

One week after that was working in the U.S.

 

So 5 weeks after arriving in the U.S. on a CR1.

Received GC, SS#, and was working.

What kind of English skills did your wife have upon arriving in the US? Ada is fearful that her English is not going to be good enough to work shortly after she gets here. I want her to feel comfortable before she works, which she wants to do.