SIMPLE QUESTION

[Reddragon75]

Hey all...me again. I have a simple question about the I-130 form. On section C, #17.....I am not sure exactly what I am supposed to write there. Do I put my wife's name(she has no children), or do I put my name? Logic told me to put her name there, but one of the attorneys I consulted with said that my name goes there. Since not all attorneys know what they are talking about, I just want to make sure that I do it right. We have already been apart for a long time, and I don't want to do anything that could unnecessarily delay the K-3 process.

 

By the way.....just to let everyone know, I will be filing the I-130 probably within the next 2 weeks. I found someone who was in the same situation as I am and his petition was approved. He gave me good advice, so this time I will have better evidence to submit in terms of quality and quantity. I hope that the K-3 will be approved, because if it is not....I am pretty much out of options, except to move to China. I would be willing to do that, but I am not finished with my Bachelor's Degree yet and have at least 1 1/2 years to get it. I am not too concerned about school, because I could get an online degree. The issue is having a job when I am there. In fact, if I had a job lined up there, I would leave home right now.

 

Anyway...we are both doing well.

[Guest Pommey]

Hey all...me again. I have a simple question about the I-130 form. On section C, #17.....I am not sure exactly what I am supposed to write there. Do I put my wife's name(she has no children), or do I put my name? Logic told me to put her name there, but one of the attorneys I consulted with said that my name goes there. Since not all attorneys know what they are talking about, I just want to make sure that I do it right. We have already been apart for a long time, and I don't want to do anything that could unnecessarily delay the K-3 process.

 

By the way.....just to let everyone know, I will be filing the I-130 probably within the next 2 weeks. I found someone who was in the same situation as I am and his petition was approved. He gave me good advice, so this time I will have better evidence to submit in terms of quality and quantity. I hope that the K-3 will be approved, because if it is not....I am pretty much out of options, except to move to China. I would be willing to do that, but I am not finished with my Bachelor's Degree yet and have at least 1 1/2 years to get it. I am not too concerned about school, because I could get an online degree. The issue is having a job when I am there. In fact, if I had a job lined up there, I would leave home right now.

 

Anyway...we are both doing well.

 

 

Her name

 

just a simple question, why K-3 not CR-1 ? she would get get GC on arrival to USA no need for AOS.

[Reddragon75]

Hey all...me again. I have a simple question about the I-130 form. On section C, #17.....I am not sure exactly what I am supposed to write there. Do I put my wife's name(she has no children), or do I put my name? Logic told me to put her name there, but one of the attorneys I consulted with said that my name goes there. Since not all attorneys know what they are talking about, I just want to make sure that I do it right. We have already been apart for a long time, and I don't want to do anything that could unnecessarily delay the K-3 process.

 

By the way.....just to let everyone know, I will be filing the I-130 probably within the next 2 weeks. I found someone who was in the same situation as I am and his petition was approved. He gave me good advice, so this time I will have better evidence to submit in terms of quality and quantity. I hope that the K-3 will be approved, because if it is not....I am pretty much out of options, except to move to China. I would be willing to do that, but I am not finished with my Bachelor's Degree yet and have at least 1 1/2 years to get it. I am not too concerned about school, because I could get an online degree. The issue is having a job when I am there. In fact, if I had a job lined up there, I would leave home right now.

 

Anyway...we are both doing well.

 

 

Her name

 

just a simple question, why K-3 not CR-1 ? she would get get GC on arrival to USA no need for AOS.

 

 

Thanks....that's what I thought should be there. We had so much problems with our K-1, I just decided to file for the K-3. I don't know much about the CR-1. Is it more difficult than the K-3?

[Kyle]

I don't know much about the CR-1. Is it more difficult than the K-3?

 

K-3 is a non-immigrant visa, CR-1 is an immigrant visa. Going the CR-1 route, she will get a green card after going though your P.O.E.

 

I talked with an attorney and she said, the k3 visa was designed to cut down on waiting times, but now, since the CR-1's are being processed so quickly, the k3 visa, in her opinion, has lost any edge/value over the CR-1.

 

Edit:

 

Glad to see you back!

Edited October 1, 2009 by KJJ (see edit history)

[Guest Pommey]

Hey all...me again. I have a simple question about the I-130 form. On section C, #17.....I am not sure exactly what I am supposed to write there. Do I put my wife's name(she has no children), or do I put my name? Logic told me to put her name there, but one of the attorneys I consulted with said that my name goes there. Since not all attorneys know what they are talking about, I just want to make sure that I do it right. We have already been apart for a long time, and I don't want to do anything that could unnecessarily delay the K-3 process.

 

By the way.....just to let everyone know, I will be filing the I-130 probably within the next 2 weeks. I found someone who was in the same situation as I am and his petition was approved. He gave me good advice, so this time I will have better evidence to submit in terms of quality and quantity. I hope that the K-3 will be approved, because if it is not....I am pretty much out of options, except to move to China. I would be willing to do that, but I am not finished with my Bachelor's Degree yet and have at least 1 1/2 years to get it. I am not too concerned about school, because I could get an online degree. The issue is having a job when I am there. In fact, if I had a job lined up there, I would leave home right now.

 

Anyway...we are both doing well.

 

 

Her name

 

just a simple question, why K-3 not CR-1 ? she would get get GC on arrival to USA no need for AOS.

 

 

Thanks....that's what I thought should be there. We had so much problems with our K-1, I just decided to file for the K-3. I don't know much about the CR-1. Is it more difficult than the K-3?

 

 

No more difficult, either way in your case preload... preload.

 

If your getting a lawyer (probably a good idea) he will assist in the paperwork, I believe M.E is highly regarded.

 

Good luck

[dnoblett]

I will post my stock K-3 vs CR-1 post.

 

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month {Not any more}, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

 

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.

 

CR-1 is simply NOT filing an I-129F in the process, OR simply persuing the normal NVC processing of I-130, and in this case can do the NEW electronic processing of I-130 greatly shortening the time it takes to get to an interview.

 

Another NOTE:

 

You WILL need to deal with the denied K-1 if USCIS decides to REVOKE it, if they send you a notice of REVOCATION it needs to be dealt with. HOWEVER, if USCIS sends you a notice saying they are expiring the K-1 and that you can file another petition then you are fine. http://candleforlove.com/forums/index.php?showtopic=38715

 

Ellis wrote about this a while back.

 

Lawyers – Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm Edited October 1, 2009 by dnoblett (see edit history)

[squirty]

Straight from the horses mouth....Read date 9/29/09

 

http://www.arctec.com/blog/

 

The Guangzhou Consulate considers the K-3 a visa type that has lost its usefulness due to changes in processing times of I-130 petitions (which have gotten substantially shorter since the K-3 law was passed) and the processing times for K-3 visas (which are much longer than was originally contemplated by the drafters of the K-3 visa law). The two processing times have virtually collided and the K-3 saves at most two months time now, while adding substantially to the administrative burden of the overseas consulates. She¡¯s largely right on that score. The game is scarcely worth the candle now that I-130 cases are taking less and less time and K-3 times remain stagnant. This disparity will get even less as petitioners opt for electronic processing of the I-130, the Unit Chief points out. Further, she reports that there¡¯s an effort underway to change DHS policy so that K-3 petitions cannot proceed from the NVC to the consulate/embassy until the I-130 has also arrived at the NVC and has finished processing. This change, if implemented, this will further diminish the usefulness of the K-3 petition.

[Reddragon75]

So....let me get this straight. Since our K-1 petition was denied, I can't go ahead and file the I-130 now? I have to wait until USCIS notifies me about what they have done with the K-1 petition? How long does it take for them to send the notice of what they are doing with it? It was denied July 5th.

Edited October 1, 2009 by Reddragon75 (see edit history)

[dnoblett]

So....let me get this straight. Since our K-1 petition was denied, I can't go ahead and file the I-130 now? I have to wait until USCIS notifies me about what they have done with the K-1 petition?

Some have filed and while waiting for USCIS makes a decision on the K-1 case, if "revoke", you need to deal with it, if "expire" and the notice tells you to file another petition, then not a problem

[david_dawei]

I thought your I-129F was denied... so what is there to wait on about it?

 

Your main challenge is going to be a very convincing cover letter and evidence to refute the I-129F/K1 findings.

Edited October 1, 2009 by DavidZixuan (see edit history)

[Randy W]

So....let me get this straight. Since our K-1 petition was denied, I can't go ahead and file the I-130 now? I have to wait until USCIS notifies me about what they have done with the K-1 petition?

Some have filed and while waiting for USCIS makes a decision on the K-1 case, if "revoke", you need to deal with it, if "expire" and the notice tells you to file another petition, then not a problem

 

 

Don't forget here - this was a USCIS denial - their decision is already in. Revocation is not possible, since it wasn't approved to begin with.

 

I don't think you're going to hear any more about that petition, but this doesn't bode well for your I-130. What has changed since that time? How well can you make your case NOW?

 

This is where an attorney can really earn his keep.

Edited October 1, 2009 by Randy W (see edit history)

[dnoblett]

Don't forget here - this was a USCIS denial - their decision is already in. Revocation is not possible, since it wasn't approved to begin with.

 

I don't think you're going to hear any more about that petition, but this doesn't bode well for your I-130. What has changed since that time? How well can you make your case NOW?

 

This is where an attorney can really earn his keep.

Exactly, the reason USCIS denied the K-1 has not gone away, this is a case where a good lawyer may make the case.

[Reddragon75]

I thought your I-129F was denied... so what is there to wait on about it?

 

Your main challenge is going to be a very convincing cover letter and evidence to refute the I-129F/K1 findings.

 

 

It WAS denied. So I can file the I-130? Do I have to do anything about the K-1 petition before I file the K-3?

 

I have gathered new evidence this time to refute the K-1 denial reason.

[Randy W]

I thought your I-129F was denied... so what is there to wait on about it?

 

Your main challenge is going to be a very convincing cover letter and evidence to refute the I-129F/K1 findings.

 

 

It WAS denied. So I can file the I-130? Do I have to do anything about the K-1 petition before I file the K-3?

 

I have gathered new evidence this time to refute the K-1 denial reason.

 

 

It was denied by the USCIS - if you don't appeal, there is no further action on the case. If you are presently married, an appeal would be fruitless

 

You may file the I-130 any time you wish.

Edited October 1, 2009 by Randy W (see edit history)

[Reddragon75]

I thought your I-129F was denied... so what is there to wait on about it?

 

Your main challenge is going to be a very convincing cover letter and evidence to refute the I-129F/K1 findings.

 

 

It WAS denied. So I can file the I-130? Do I have to do anything about the K-1 petition before I file the K-3?

 

I have gathered new evidence this time to refute the K-1 denial reason.

 

 

It was denied by the USCIS - if you don't appeal, there is no further action on the case. If you are presently married, an appeal would be fruitless

 

You may file the I-130 any time you wish.

 

 

Thank you.