CR-1 vs K-3

[jimu07]

Hello again to everyone here... I posted here for a long time off and on before.. I am here again ....

 

My fiance was here this past summer and had to quickly return to China as her son was in a bad accident.. We did not get married before she left, it all happened too quickly.

 

We are still very much in love and I plan to go to China soon and we will marry there... What course of action would you recomend.. CR-1 or K-3?? I don't quite understand the difference.. any suggestions?? Do you think there will be any problems as we already had a K-1 visa before?

 

I would also like to say to everybody, the connection I see between chinese women and their children has depths that I, as an American have never seen before.. I have learned to honor this... Hope you all have a good day!! Jim

[dnoblett]

CR-1,

 

Pros:

• Green-card upon entry.
  
• Able to get SSN shortly after entry.
  
• Able to take a job shortly after entry.
  
• Lower cost, Aprox $825 in fees.
  
• Electronic processing at NVC speeding up the process.
  

Cons:

Can't think of one.

 

K-3

 

Pros:

• Multi entry 2 year visa, though it has been reported that the consulate has been setting the expiration to 6 months or less lately.
  
• If case is shaky and the K-3 gets denied, perhaps may make another run with the underlying I-130 for a CR-1 interview depending on reason for K-3 denial.
  

Cons:

• Higher cost, Aprox $1496, soon to be $1800+ if the consulate raises the fee charged for K-Visa
  
• Is not work authorized, so cannot take a job until either has EAD or Green-card which can take MONTHS after filing I-765 and/or I-485 after entry.
  
• Cannot get SSN until having EAD or Green-card
  
• Has to interview a second time in the USA for green-card.
  
• Has to do Biometrics in the USA to adjust status as well as for EAD Travel time to the service center.
  
• Having to hassle with US Civil surgeons to get Vaccinations record for adjustment of status.
  

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. K-3 was designed so that a spouse could enter the USA and wait for I-130 approval, but since then USCIS has started tying the I-130 and I-129F used by K-3 together and approving them at the same time, so defeats the reason the K-3 exists, (Waiting for I-130 approval)

Edited January 26, 2010 by dnoblett (see edit history)

[dnoblett]

One note, you say son, how old is he and do you plan on bringing him to the USA.

 

If over age 18 but less than 20, then strongly consider K-1 K-2, and adjust status after marriage VS Spousal visa. K-2 can adjust status based on their visa type, but only up to age 21.

 

US citizen cannot file an I-130 petition for a step child if child was 18 or older at the time of marriage, I-130 is required to get child a CR-2 visa or to adjust status from a K-4 visa.

[jimu07]

One note, you say son, how old is he and do you plan on bringing him to the USA.

 

If over age 18 but less than 20, then strongly consider K-1 K-2, and adjust status after marriage VS Spousal visa. K-2 can adjust status based on their visa type, but only up to age 21.

 

US citizen cannot file an I-130 petition for a step child if child was 18 or older at the time of marriage, I-130 is required to get child a CR-2 visa or to adjust status from a K-4 visa.

 

 

No..Yao Yu is 22 years old.. We will deal with his entry at a later date