K3 and CR1 question

[BusyOldMan]

Hello Folks:

 

There are a few questions I have concerning my K3 case that I hope some can answer.

One is that my lawyer has told me I might want to begin to think about CR1 in light of the fact that my 129F is still looming.

Now am I correct that if I file CR1 now I would essentially be starting over? Would my K3 be nullified upon applying for CR1?

I have heard rumors that CR1 also brings a green card but that does not sound right to me.

 

thank you again Candle for all your help.

 

Bob

[dnoblett]

K-3 Starts as a CR-1 petition filing you filed BOTH I-130 AND I-129F, both petitions run in parallel, filing another I-130 makes no sense.

 

USCIS approves both your I-130 AND I-129F at the same time and sends both to NVC. If you respond promptly to NVC's requests for I-864, and other things, and request electronic processing, more than likely you can have immigrant (CR-1) interview instead of the K-3.

[credzba]

Hello Folks:

 

There are a few questions I have concerning my K3 case that I hope some can answer.

One is that my lawyer has told me I might want to begin to think about CR1 in light of the fact that my 129F is still looming.

Now am I correct that if I file CR1 now I would essentially be starting over? Would my K3 be nullified upon applying for CR1?

I have heard rumors that CR1 also brings a green card but that does not sound right to me.

 

thank you again Candle for all your help.

 

Bob

 

K3 = CR/1 + I-129

 

So, you have already applied for both.

 

K3 was introduced to allow the wife to wait with the husband in USA while CR/1 processed because it used to take so long.

Now, the CR/1 has electronic processing for many parts of the journey, so the CR/1 is as fast (maybe faster) than K3.

 

What many people do is continue BOTH processes, and use which ever gets to the consulate in China first.

That said, the CR/1 visa is an immigration visa, and after your wife gets to the USA, she gest green card, ss# etc. very quickly.

K3 you still have to finish the CR/1 after she arrives, and delays the green card, and ss# etc. by months. Also costs you more money.

 

Your lawyer is right, at this time there is very little reason to use K3 (some exceptions apply).

[BusyOldMan]

so if my 130 has been approved and the 129 has not...

or this is what the lawyer has told me.

 

if both petitions run in parallel does one get approved and the other not?

 

I am sorry for my incompetence.

 

thank you for the quick response

Bob

[dnoblett]

 

 

K3 = CR/1 + I-129

 

So, you have already applied for both.

 

K3 was introduced to allow the wife to wait with the husband in USA while CR/1 processed because it used to take so long.

Now, the CR/1 has electronic processing for many parts of the journey, so the CR/1 is as fast (maybe faster) than K3.

 

What many people do is continue BOTH processes, and use which ever gets to the consulate in China first.

That said, the CR/1 visa is an immigration visa, and after your wife gets to the USA, she gest green card, ss# etc. very quickly.

K3 you still have to finish the CR/1 after she arrives, and delays the green card, and ss# etc. by months. Also costs you more money.

 

Your lawyer is right, at this time there is very little reason to use K3 (some exceptions apply).

Good points, yes adjusting status from a K-3 costs $1010, and many lawyers prefer the K-3 so that they can provide additional service to adjust status.

 

As for the (Some exceptions apply), one is the K-3's 2 year validity and multi entry feature, this is useful in cases where the intending immigrant needs to hold on immigrating to the USA for reasons like they have a year or so before they can quit their job, or they have to care for someone before immigrating to the USA. They can use the visa to visit the USA several times before coming to the USA permanently.

 

so if my 130 has been approved and the 129 has not...

or this is what the lawyer has told me.

 

if both petitions run in parallel does one get approved and the other not?

 

I am sorry for my incompetence.

 

thank you for the quick response

Bob

USCIS tie both together, and tends to not approve one without approving the other, they usually do not approve I-130 before approving the I-129F.

[Guest Wuhan4me]

In order to even have a K-3 in play, an I-130 had to first be submitted.

 

I-130=CR/1 (sometimes an IR/1).

 

I have to assume that you've received a receipt notice on the I-130 petition for a CR-1 Visa, so far.

 

Usually, to 'get' a K-3, a followup I-129F is filed AFTER the I-130 Receipt Notice is received.

 

So, if you don't have any 'receipt notice' on the I-129F being 'received', thats OK - it's coming.

 

But ....

 

You may want to stay with the I-130 petition, and really forget about the K-3 'add-on' ..

 

Based on what your lawyer 'said', so far, I have to suggest that all he has is an I-130 Receipt Notice, or NOA-1 (Notice of Action, 1st Issue), and that he's NOT received the NOA-1 for the subsequent I-129F.

 

I suggest you ask your lawyer some pointed questions, specifically -

1. when did the I-130 NOA-1 arrive?

2. when did the I-130 NOA-2 arrive? (NOA-2 is the approval notice )

3. What date did you file the I-129F for the K-3 ?

4. When did the I-129F NOA-2 arrive?

 

Then do some 'plug and play' with these petitions, as to dates. If he sent off the I-129F for the K-3 in the last 3 weeks, there is excellent chance that the NOA-1 for the I-129F hasn't been issued yet. The SUBMITTAL is a serial process (Do A, then wait, then Do B ) but USUALLY the approval process is PARALLEL - ie - both petitions are approved at the same time.

 

If you TRULY have an approval on the I-130 - then get back in touch with your lawyer, tell him HE should OPT IN for NVC electronic processing.

 

That's my 2 jiao..

 

FWIW, there were lots of good info nuggets here -

http://candleforlove.com/forums/index.php?...mp;#entry502873

Have a Read?

Edited July 29, 2009 by Wuhan4me (see edit history)

[flowers]

Hello,

 

I did get my I-130 approve before my I-129F. They are still holding on tight to the I-129F and not approving it yet. So it could be possible that I-130 be approve before I-129F.

 

Joe

[dnoblett]

Hello,

 

I did get my I-130 approve before my I-129F. They are still holding on tight to the I-129F and not approving it yet. So it could be possible that I-130 be approve before I-129F.

 

Joe

Then pursue the CR-1 and forget the K-3, USCIS should have sent the approved I-130 on to NVC.

[Guest Wuhan4me]

Hey BusyOldMan - what did you discover, and what have you decided to do?