Question about CR1/K3

[longtime]

I have filed Cr1 and K3

 

The CR1 was filed in October of 2006 and the K3 was sent in December of 2006

 

Since I filed the K3 does that mean that my CR1 was suspended in order to process the K3? What's the point of K3 then because our K3 has taken longer than a year for us so it really doesn't seem to have any advantage.

 

If so, is there a fee that I have to pay to restart the CR1?

[MikeXiao]

Unless they have changed processes, both the I-130(CR-1) and I-129F(K-3) are still active. It is just that the K-3 got to GUZ first. Ours was just the opposite. You will not have to "start" the CR-1 again. After your wife gets here you will have to file to Adjust Status(AOS). I believe that is the I-485 and there is a fee for that.

We wish you well with your interview next month.

[longtime]

Thanks alot

[Randy W]

I have filed Cr1 and K3

 

The CR1 was filed in October of 2006 and the K3 was sent in December of 2006

 

Since I filed the K3 does that mean that my CR1 was suspended in order to process the K3? What's the point of K3 then because our K3 has taken longer than a year for us so it really doesn't seem to have any advantage.

 

If so, is there a fee that I have to pay to restart the CR1?

Yes - the process has changed. The CR-1 is kept in the US, unless you file an I-824 along with $320 which will tell them to forward the CR-1 to the NVC and on to GUZ.

Edited March 28, 2008 by Randy W (see edit history)

[dnoblett]

I have filed Cr1 and K3

 

The CR1 was filed in October of 2006 and the K3 was sent in December of 2006

 

Since I filed the K3 does that mean that my CR1 was suspended in order to process the K3? What's the point of K3 then because our K3 has taken longer than a year for us so it really doesn't seem to have any advantage.

 

If so, is there a fee that I have to pay to restart the CR1?

Yes - the process has changed. The CR-1 is kept in the US, unless you file an I-824 along with $320 which will tell them to forward the CR-1 to the NVC and on to GUZ.

Correct!

 

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

[MikeXiao]

I guess that's to ensure that they squeeze more money out of us. Now they are forcing you to file the I-485. In the past, if you went with the I-130 there was no adjusting of status.

[dnoblett]

I guess that's to ensure that they squeeze more money out of us. Now they are forcing you to file the I-485. In the past, if you went with the I-130 there was no adjusting of status.

Not exactly, USCIS and DOS were seeing the majority of K-3 filers were adjusting status in the USA rather than continue with the counselor processing of the I-130 for CR-1 or IR-1 visa. This was causing NVC and the consulates extra work only to have the case recalled by USCIS when the K-3 adjusted status. Making this change allows NVC and Consulates to concentrate on cases that will result in visas.