I-130/CR1 and I129F/K3 Process

[benc]

i know this is a stupid question, but is it possible to have both cr1 and k3 run at the same till to the end of the interview process?

[dnoblett]

They will run in parallel, USCIS tends to tie the two petitions together and approve them at the same time, then send together to NVC.

 

Now with the new electronic processing at NVC you can conceivably get the I-130 (CR-1) to the consulate and interview for the CR-1 before the K-3. I have seen several K-3's get the the consulate and an interview scheduled, only to have the interview switched to a CR-1 interview when the CR-1 case reaches the consulate.

[Randy W]

Since your K-3 interview would be in Hong Kong, this will not happen. You may wish to go to the K-3 interview in Hong Kong - you will still be eligible for the CR-1 in Guangzhou. The CR-1 will result in a green card upon entry.

 

This is one of those cases where having the two petitions can work to your advantage.

[dnoblett]

I will add one thing, Brokenheart had a BAD experience with HK consulate, it looked like the interviewing officer went hard on them, suspecting the K-3 through HK was just a way to get around having to interview in Guangzhou. Looks like HK has been taking a harder line on K-3s for main-landers.

 

http://candleforlove.com/forums/index.php?...c=36140&hl=

[BrokenHeart]

If your going to HK for interview after a denial at GUZ, I wish you all the best and good luck.

[benc]

If your going to HK for interview after a denial at GUZ, I wish you all the best and good luck.

 

everyones situation is different. so why did they denied you in HK?

 

--- 12/30/08 USCIS sending why the denial old I-129F (cant wait to get that response)---

 

did you ever get the above mail for reason for denied ?

 

did you continue with the I-130 after the K3 was denied ?

Edited October 13, 2009 by benc (see edit history)

[benc]

Since your K-3 interview would be in Hong Kong, this will not happen. You may wish to go to the K-3 interview in Hong Kong - you will still be eligible for the CR-1 in Guangzhou. The CR-1 will result in a green card upon entry.

 

This is one of those cases where having the two petitions can work to your advantage.

 

Randy, what did you mean that this will not happen ? do u neam the will reject my k3 interview in HK and make me go CR1 instead ?

[dnoblett]

If your going to HK for interview after a denial at GUZ, I wish you all the best and good luck.

 

everyones situation is different. so why did they denied you in HK?

 

--- 12/30/08 USCIS sending why the denial old I-129F (cant wait to get that response)---

 

did you ever get the above mail for reason for denied ?

 

did you continue with the I-130 after the K3 was denied ?

You may want to read BorkenHearts threads, the denial nearly caused them to divorce.

 

http://candleforlove.com/forums/index.php?...ult_type=topics

 

Recently they are now working on pushing the I-130 through NVC, hopefully the denied K-3 wont cause issues.

 

http://candleforlove.com/forums/index.php?...c=38893&hl=

http://candleforlove.com/forums/index.php?...c=36605&hl=

[Randy W]

Since your K-3 interview would be in Hong Kong, this will not happen. You may wish to go to the K-3 interview in Hong Kong - you will still be eligible for the CR-1 in Guangzhou. The CR-1 will result in a green card upon entry.

 

This is one of those cases where having the two petitions can work to your advantage.

 

Randy, what did you mean that this will not happen ? do u neam the will reject my k3 interview in HK and make me go CR1 instead ?

 

 

No - Dan had commented that often the K-3 and CR-1 cases will be combined at GUZ. Won't happen since your K-3 doesn't go to GUZ.

 

Going by past history of HK and GUZ processing, your K-3 will probably go faster.

 

If you have a good reason for marrying in Hong Kong, you shouldn't have a problem on that ground. Even so, there is nothing in the INA that says ANYTHING about a denial based on WHERE you got married.

 

Even if you have the K-3 in hand, you still have the option of the CR-1, which will give you a green card shortly after her arrival.

[benc]

I read his denied a while ago. and i do understand the reson he got denied. As indicated no common spoken language and no tides with HK.

 

I guess i will try my luck in HK with the K3 ( Just like BorkenHearts, i still have the I-130 in the playing field ). My wife and i speaks english and i have family in HK.. so at least that's 50% of the way there.

 

I read thru BorkenHearts theads, i assume he did not get the reason back for his denied for the K1 visa.

 

 

If your going to HK for interview after a denial at GUZ, I wish you all the best and good luck.

 

everyones situation is different. so why did they denied you in HK?

 

--- 12/30/08 USCIS sending why the denial old I-129F (cant wait to get that response)---

 

did you ever get the above mail for reason for denied ?

 

did you continue with the I-130 after the K3 was denied ?

You may want to read BorkenHearts threads, the denial nearly caused them to divorce.

 

http://candleforlove.com/forums/index.php?...ult_type=topics

 

Recently they are now working on pushing the I-130 through NVC, hopefully the denied K-3 wont cause issues.

 

http://candleforlove.com/forums/index.php?...c=38893&hl=

http://candleforlove.com/forums/index.php?...c=36605&hl=

Edited October 14, 2009 by benc (see edit history)

[splinterman]

There was more to the issue of HK's denying them than the language barrier and no common ties to Hong Kong. If I remember correctly from his posting, they told Brokenheart that since his wife 'confessed' that they married in HK to avoid interviewing for the K-3 in Guanghzou that they were consulate shopping, and that they should activate their I-130 and go back to Guangzhou.

 

Here's a recent item of note in Attorney John Roth's website on interviewing in Hong Kong after marrying there:

 

Wednesday, October 14, 2009

 

Response to web blog query re Hong Kong processing

Anonymous says:

 

John, I remember you telling me NOT to get married in Hong Kong back in April, but I "went with the herd" and did it anyway. Now people are saying that HK changed its policies and is being really tough with PRCs married in China. MY K-3 has been approved and CR1 should be approved soon (did electronic processing), but I'm scared to death of HK. Should I write them a letter saying I wasn't trying to avoid Guangzhou when I got married in HK?

 

 

 

First, Hong Kong has not changed its policies. The same people are there as were there earlier this year and the policies are all the same, as far as we can tell. The problem with getting married in a third country in order to avoid the consulate of the beneficiary¡¯s home country is that it is almost ALWAYS a bad idea. It¡¯s a case of being ¡°too clever by half¡±. I posted something about this earlier in the blog (see Filing K-3 at Third Country Post After K-1 Denial).

 

OK, what to do?

The first thing to understand is that you get only one bite at the apple. Either your I-130 petition will be reviewed or the K-3. Normally, you would pick the K-3 because it¡¯s faster. My view is that you will have a better chance of approval if you withdraw the K-3 and just go to Guangzhou for the I-130 interview (plus the bonus that after entry on the I-130 you will not have to go through with the adjustment of status process, work authorization, travel document, another affidavit of support, etc. etc., which IS the case with the K-3). Count on being asked by the Consular Officer in Guangzhou why you married in Hong Kong rather than on the mainland (the more natural choice, since your wife¡¯s relatives are more close at hand). Do NOT lie and claim you had some personal/romantic/practical/whatever reason to get married in Hong Kong if none exists, or if you are ¡°puffing¡± a rather weak reason to get married there. As I¡¯ve said before, consular officers may be misguided in their policies from time to time, but they are most definitely not stupid and they usually see through bogus reasoning and rationalizations. When asked, the best answer is the honest one ¨C ¡°some people were recommending it earlier this year as a way around the problems at Guangzhou, but in the end we decided not to go that route,¡± or something like this. Consular offices tend to be pleasantly surprised by such candor, and, by being frank even when it¡¯s painful, you will have enhanced your credibility for other questions answered during the interview.

 

 

Splinterman