CR1 or K3

[kodokanron]

I was married in China on Sept. 17th to a very beautiful lady and I am starting the process to bring her to Texas. After researching the

process the CR1 Visa seems to have advantages over the K3.

I would appreciate input concerning the pros and cons of both.

[LeeFisher3]

You must file an I-130 either way. The difference is usually processing time, the K-3 is often faster.

 

In the best of all worlds you would file the I-130 and when you get your NOA-1 receipt immediately file the I-129F. Both of these run a parallel track but the I-130 takes longer and you spend a bit more money filing the K-3.

 

The K-3 should be on it's way to China before you receive the I-130 approval.

 

Once the K-3 gets to China they will send out P-3 and after receiving it back it gets in line for scheduling an interview.

 

If the I-130 receives approval early enough in the process you will want to file to continue it's processing and try to get it to China before the K-3 interview. If the I-130 arrives in China before the interview date you can then replace the K-3 interview with the CR-1 interview.

 

I'm not sure if the processing times work with this situation as they did in the past, but the idea was to hold the interview place in line and have the I-130 arrive before the interview and interview for the CR-1 visa with the K-3 timeline.

 

The advantage of the CR-1 is your spouse arrives in the US and will receive her green card in the mail a few weeks after entry instead of needing to file for AOS and wait 6-9 months for a green card.

 

A K-3 can travel freely between the US and China without any additional processing but is not work authorized and can not get her SSN until she either has EAD or her green card.

 

It is possible to run both of these tracks at the same time and succeed in her arriving as CR-1, but there are no guarantees that the timing will work out.

 

I've seen K-3's get stuck in the process and the I-130 arrive in China first and I've seen I-130's get stuck as well and approval comes after the K-3 gets to to the US.

 

Got to make a plan and give it your best shot.

Edited November 9, 2008 by LeeFisher3 (see edit history)

[ktmracer]

Go with CR and save the extra costs(alot) for stateside medical/dental check ups.

[dnoblett]

Do the CR-1 visa you will be much more happy for it because of the INSTANT GREEN-CARD.

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[david_dawei]

Here is what I recently commented:

Probably almost a year ago, I started to recommend that people file the I-130 and wait until they got the NOA2 before filing the I-129F (but this would be where someone really intends on pursuing the I-130 as a priority, so let it approve alone; and the I-129F is just a security blanket in case something goes wrong with the I-130...

 

I've yet to see anyone do this thought...

[Tom and Ling]

Here is what I recently commented:

Probably almost a year ago, I started to recommend that people file the I-130 and wait until they got the NOA2 before filing the I-129F (but this would be where someone really intends on pursuing the I-130 as a priority, so let it approve alone; and the I-129F is just a security blanket in case something goes wrong with the I-130...

 

I've yet to see anyone do this thought...

 

Hi David,

 

I think what you are saying is "if the I-130 was denied than you could file the I-129F for K3"...I guess this is the opposite of filing an I-129F K3 and if it is denied than going for the I-130???

 

But can you File an I-130 and if it is denied ,,file an I-129F after the Refusal of an I-130??

I think I am confused...please explain???

 

Tom and Ling

[david_dawei]

Here is what I recently commented:

Probably almost a year ago, I started to recommend that people file the I-130 and wait until they got the NOA2 before filing the I-129F (but this would be where someone really intends on pursuing the I-130 as a priority, so let it approve alone; and the I-129F is just a security blanket in case something goes wrong with the I-130...

 

I've yet to see anyone do this thought...

 

Hi David,

 

I think what you are saying is "if the I-130 was denied than you could file the I-129F for K3"...I guess this is the opposite of filing an I-129F K3 and if it is denied than going for the I-130???

 

But can you File an I-130 and if it is denied ,,file an I-129F after the Refusal of an I-130??

I think I am confused...please explain???

 

Tom and Ling

Hey Tom,

 

The primary reason to consider this 'delayed' filing of the I-129F is two-fold:

1. The petitioner really wants to pursue the I-130. It appears that USCIS *may* be holding the I-130s to see if an I-129F is submitted or not; and if so then they both get held up since the trend is they get approved at the same time. In the past, this was never done but is clear they now do this.

 

So the idea is, don't file a I-129F while the I-130 is being looked at; let the I-130 get approved as fast as possible... Once approved, go to step 2.

 

2. If one has an approved I-130, then it may seem a waste of money to file the I-129F; but the only reason to consider it would be as an insurance card in case the I-130 has some issue at NVC or GUZ.

 

While what you are saying is correct ("if the I-130 was denied than you could file the I-129F for K3"), this was not my angle... since I expect the I-130 to get approved.

 

But I think both ways are attempting to let the I-130 simply get approved as fast as possible without any interference (ie: holdup) by a filed 129F.

 

In fact, I don't know if my theory has any validity since I've not seen someone do it; all we can do is; see when someone does it, does their I-130 get approved faster than those who filed a I-129F/K3.

[dnoblett]

Here is what I recently commented:

Probably almost a year ago, I started to recommend that people file the I-130 and wait until they got the NOA2 before filing the I-129F (but this would be where someone really intends on pursuing the I-130 as a priority, so let it approve alone; and the I-129F is just a security blanket in case something goes wrong with the I-130...

 

I've yet to see anyone do this thought...

 

Hi David,

 

I think what you are saying is "if the I-130 was denied than you could file the I-129F for K3"...I guess this is the opposite of filing an I-129F K3 and if it is denied than going for the I-130???

 

But can you File an I-130 and if it is denied ,,file an I-129F after the Refusal of an I-130??

I think I am confused...please explain???

 

Tom and Ling

Yep, the purpose of filing the I-129F after NOA1 but before NOA2 was to allow the prospective immigrant to get a K-3 visa to enter the USA and wait out the approval of the I-130.

 

I-129F cannot be filed after I-130 is approved, it has to be filed before I-130 is approved.

 

USCIS rules on K-3

In addition, the Service interprets the word ¡°availability¡± in the phrase ¡°awaiting the approval of such petition and the availability to the applicant of an immigrant visa¡± in the new section 101(a)(15)(K)(ii) of the Act to mean the approval of the adjustment of status application. This appears to comport with the Congressional intent even though the concept of visa ¡°availability¡± in other contexts (sections 202, 203, and 245 of the Act) relates to per country and preference limitations. Read literally, th e language in (K)(ii) could mean that those aliens with approved Form I-130 petitions on their behalf would not be eligible for K-3/K-4 status. This is because those aliens would not need to await the approval of the petition and because no visa number is needed by an immediate relative of a U.S. citizen. A visa is available as soon as the Form I-130 is approved. However, since the new section 214(p)(3) of the Act provides that the (K)(ii) or (K)(iii) nonimmigrant status shall terminate 30 days after the denial of the Form I-130, the application for an immigrant visa, or the adjustment of status application, the term ¡°availability of an immigrant visa,¡± appears to have a different meaning than the same term in sections 202, 203, and 245 of the Act. The Service believes that Congress did not intend to create a nonimmigrant classification for spouses and children of U.S. citizens that is based on the filing of a Form I-130 petition, only to see that classification cut off to them part of the way through the immigration process. However, the Service also believes that Congress did not intend for this K-3/K-4 status to be of indefinite duration and that status holders must be taking steps to ultimately immigrate.

 

To ease applicant burden and to avoid any confusion, the Service recommends that petitioners whose alien spouses wish to first obtain a K-3/K-4 visa abroad and later adjust while in the United States so state in Question 21 of Form I-130. Petitioners may state in this question that their beneficiary will apply for adjustment of status in the United States. Petitioners who have previously stated on an approved Form I-130 that the beneficiary would visa process abroad should notify the Service that they now i ntend to apply for a K-3/K-4 nonimmigrant visa and will be applying for adjustment of status to that of lawful permanent resident in the United States. The Service will then request that the Department of State¡¯s National Visa Center (NVC) return the approved Form I-130 to the Service Center with jurisdiction.

http://www.uscis.gov/propub/ProPubVAP.jsp?...5a9f46924858b06

 

Hard to get a K-3 after the I-130 (CR-1) is "DENIED" by the consulate or USCIS.

[Tom and Ling]

Here is what I recently commented:

Probably almost a year ago, I started to recommend that people file the I-130 and wait until they got the NOA2 before filing the I-129F (but this would be where someone really intends on pursuing the I-130 as a priority, so let it approve alone; and the I-129F is just a security blanket in case something goes wrong with the I-130...

 

I've yet to see anyone do this thought...

 

Hi David,

 

I think what you are saying is "if the I-130 was denied than you could file the I-129F for K3"...I guess this is the opposite of filing an I-129F K3 and if it is denied than going for the I-130???

 

But can you File an I-130 and if it is denied ,,file an I-129F after the Refusal of an I-130??

I think I am confused...please explain???

 

Tom and Ling

Hey Tom,

 

The primary reason to consider this 'delayed' filing of the I-129F is two-fold:

1. The petitioner really wants to pursue the I-130. It appears that USCIS *may* be holding the I-130s to see if an I-129F is submitted or not; and if so then they both get held up since the trend is they get approved at the same time. In the past, this was never done but is clear they now do this.

 

So the idea is, don't file a I-129F while the I-130 is being looked at; let the I-130 get approved as fast as possible... Once approved, go to step 2.

 

2. If one has an approved I-130, then it may seem a waste of money to file the I-129F; but the only reason to consider it would be as an insurance card in case the I-130 has some issue at NVC or GUZ.

 

While what you are saying is correct ("if the I-130 was denied than you could file the I-129F for K3"), this was not my angle... since I expect the I-130 to get approved.

 

But I think both ways are attempting to let the I-130 simply get approved as fast as possible without any interference (ie: holdup) by a filed 129F.

 

In fact, I don't know if my theory has any validity since I've not seen someone do it; all we can do is; see when someone does it, does their I-130 get approved faster than those who filed a I-129F/K3.

 

Hi David,

 

Well my I-130 and I-129f were approved at the same time and sent to NVC at the same time. I received from The NVC that my I-129f was being sent to Guangzhou and My I-130 was being halt at NVC for one year..should I want to purse the I-130.

However, mine is a special case in that I have two step-sons which I didn't file an I-130 for,,so that is why I am pursing the K3/K4.

However,,what I don't understand is "what if the I-130 gets to Guangzhou and is denied,,I don't think one can file a I-129F after an I-130 is denied at Guangzhou...or am I wrong??

 

Tom and Ling

[Tom and Ling]

Here is what I recently commented:

Probably almost a year ago, I started to recommend that people file the I-130 and wait until they got the NOA2 before filing the I-129F (but this would be where someone really intends on pursuing the I-130 as a priority, so let it approve alone; and the I-129F is just a security blanket in case something goes wrong with the I-130...

 

I've yet to see anyone do this thought...

 

Hi David,

 

I think what you are saying is "if the I-130 was denied than you could file the I-129F for K3"...I guess this is the opposite of filing an I-129F K3 and if it is denied than going for the I-130???

 

But can you File an I-130 and if it is denied ,,file an I-129F after the Refusal of an I-130??

I think I am confused...please explain???

 

Tom and Ling

Yep, the purpose of filing the I-129F after NOA1 but before NOA2 was to allow the prospective immigrant to get a K-3 visa to enter the USA and wait out the approval of the I-130.

 

I-129F cannot be filed after I-130 is approved, it has to be filed before I-130 is approved.

 

USCIS rules on K-3

In addition, the Service interprets the word ¡°availability¡± in the phrase ¡°awaiting the approval of such petition and the availability to the applicant of an immigrant visa¡± in the new section 101(a)(15)(K)(ii) of the Act to mean the approval of the adjustment of status application. This appears to comport with the Congressional intent even though the concept of visa ¡°availability¡± in other contexts (sections 202, 203, and 245 of the Act) relates to per country and preference limitations. Read literally, th e language in (K)(ii) could mean that those aliens with approved Form I-130 petitions on their behalf would not be eligible for K-3/K-4 status. This is because those aliens would not need to await the approval of the petition and because no visa number is needed by an immediate relative of a U.S. citizen. A visa is available as soon as the Form I-130 is approved. However, since the new section 214(p)(3) of the Act provides that the (K)(ii) or (K)(iii) nonimmigrant status shall terminate 30 days after the denial of the Form I-130, the application for an immigrant visa, or the adjustment of status application, the term ¡°availability of an immigrant visa,¡± appears to have a different meaning than the same term in sections 202, 203, and 245 of the Act. The Service believes that Congress did not intend to create a nonimmigrant classification for spouses and children of U.S. citizens that is based on the filing of a Form I-130 petition, only to see that classification cut off to them part of the way through the immigration process. However, the Service also believes that Congress did not intend for this K-3/K-4 status to be of indefinite duration and that status holders must be taking steps to ultimately immigrate.

 

To ease applicant burden and to avoid any confusion, the Service recommends that petitioners whose alien spouses wish to first obtain a K-3/K-4 visa abroad and later adjust while in the United States so state in Question 21 of Form I-130. Petitioners may state in this question that their beneficiary will apply for adjustment of status in the United States. Petitioners who have previously stated on an approved Form I-130 that the beneficiary would visa process abroad should notify the Service that they now i ntend to apply for a K-3/K-4 nonimmigrant visa and will be applying for adjustment of status to that of lawful permanent resident in the United States. The Service will then request that the Department of State¡¯s National Visa Center (NVC) return the approved Form I-130 to the Service Center with jurisdiction.

http://www.uscis.gov/propub/ProPubVAP.jsp?...5a9f46924858b06

 

Hard to get a K-3 after the I-130 (CR-1) is "DENIED" by the consulate or USCIS.

 

Hi dnoblett,

 

Well, that seems to answer that question...so if you are going to purse the K3/K4 an it is denied ..than you still have the I-130 to fall back on.

and best to file the K3 or I-129F (along with the I-130) so one has this cushion.

 

Tom and Ling

[Randy W]

 

 

I-129F cannot be filed after I-130 is approved, it has to be filed before I-130 is approved.

 

USCIS rules on K-3

In addition, the Service interprets the word ¡°availability¡± in the phrase ¡°awaiting the approval of such petition and the availability to the applicant of an immigrant visa¡± in the new section 101(a)(15)(K)(ii) of the Act to mean the approval of the adjustment of status application. This appears to comport with the Congressional intent even though the concept of visa ¡°availability¡± in other contexts (sections 202, 203, and 245 of the Act) relates to per country and preference limitations. Read literally, th e language in (K)(ii) could mean that those aliens with approved Form I-130 petitions on their behalf would not be eligible for K-3/K-4 status. This is because those aliens would not need to await the approval of the petition and because no visa number is needed by an immediate relative of a U.S. citizen. A visa is available as soon as the Form I-130 is approved. However, since the new section 214(p)(3) of the Act provides that the (K)(ii) or (K)(iii) nonimmigrant status shall terminate 30 days after the denial of the Form I-130, the application for an immigrant visa, or the adjustment of status application, the term ¡°availability of an immigrant visa,¡± appears to have a different meaning than the same term in sections 202, 203, and 245 of the Act. The Service believes that Congress did not intend to create a nonimmigrant classification for spouses and children of U.S. citizens that is based on the filing of a Form I-130 petition, only to see that classification cut off to them part of the way through the immigration process. However, the Service also believes that Congress did not intend for this K-3/K-4 status to be of indefinite duration and that status holders must be taking steps to ultimately immigrate.

 

 

 

 

I-129F cannot be filed after I-130 is approved, it has to be filed before I-130 is approved.

Dan, I believe they are saying the opposite of what you say here.

 

They seem to be saying that if an immigrant visa "becomes available" (i.e., through approval of the I-130), that the K-3 path should not be "cut off part of the way through the immigration process"

Edited November 9, 2008 by Randy W (see edit history)

[david_dawei]

However,,what I don't understand is "what if the I-130 gets to Guangzhou and is denied,,I don't think one can file a I-129F after an I-130 is denied at Guangzhou...or am I wrong??

Let's just keep our terms in sync... (I don't want to hear anything from Don on this -- inside joke).

 

The I-130 and I-129F are petitions; only USCIS can approve and deny them.

 

The family based visa classifications (K1-K3, CR1/2, etc) are issued or denied an issue based on the filing of the DS-230 (application for a visa).

 

So, GUZ denies the issuance of a visa only.

 

----

 

Here is what I think you are asking:

 

"If GUZ denies the issuance of a CR1 visa (based on the I-130 filing), can the petitioner still file a a I-129F that leads to a K3?"

 

In the echo of the last few months, "YES YOU CAN"

 

It's just a petition you are filing to USCIS. They only look to see if you qualify to file the petition...

 

The trouble will be back at GUZ; they will know they denied issuing a CR1 and now are faced with the same petitioner filing on behalf of their spouse for a K3 visa. A problem that may not be easy to overcome.

[Appaullo]

"To ease applicant burden and to avoid any confusion, the Service recommends that petitioners whose alien spouses wish to first obtain a K-3/K-4 visa abroad and later adjust while in the United States so state in Question 21 of Form I-130. "

 

I am looking at my I-130 now, and question 21 asks for the last address my (soon to be) Wife and I lived together. Is this the correct question to state we will be filing for K-3 Visaand later AOS? Or do I have an out of date I-130?

 

My apologies if my quote from earlier post is wrong. I was not sure how to cut and paste it in.

 

Thanks,

Appaullo

Edited November 9, 2008 by Appaullo (see edit history)

[Appaullo]

OK, sorry to follow up a post with another post but I am a bit confused. I am marying my SO this December in Wuhan. I have printed up and am planning on submitting in this order the following forms. I-130 along with two G-325As (one for each of us), then after recieving I-797 I will mail in the I-129F along with two more G-325As (one for each of us). This is what I *think* is correct after my time on these forums. Am I correct in my assumption?

 

Thanks again,

Appaullo

[david_dawei]

OK, sorry to follow up a post with another post but I am a bit confused. I am marying my SO this December in Wuhan. I have printed up and am planning on submitting in this order the following forms. I-130 along with two G-325As (one for each of us), then after recieving I-797 I will mail in the I-129F along with two more G-325As (one for each of us). This is what I *think* is correct after my time on these forums. Am I correct in my assumption?

 

Thanks again,

Appaullo

Follow this guide at VJ... each packet needs more than just that...

 

http://www.visajourney.com/forums/index.ph...mp;page=k3guide