K-3 VS 1-130

[lassetter]

Our K-3 has been approved and is now in Guangzhou.

Our I -130 is approved and is at NVC. It will not arrive in Guangzhou for about two months.

 

We do not want to go the I -130 route because it will exclude our stepdaughter who was over 18 when we married.

 

We want to go the K-3 route because the K-4 option is allowed.

 

If the I-130 arrives in Guangzhou do we have to go that route. Do we have a choice?

 

Does anyone have ideas?

 

Rup

[tywy_99]

From the Federal Register Vol. 66, No. 174

 

-If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.

 

IR-1 visa~ Immediate Relative: spouse, married over two years.

 

CR-1 visa~ Conditional Resident: spouse, married under two years.

[lassetter]

Thanks for the "on target" reply!

 

Is there a way to get the NVC to slow down sending the I-130 approval to Guangzhou?

 

Or, is there a way to get Guangzhou to send packet #3 to my wife more quickly. They received the I-129 F, from NVC, some time after November 16th.

 

 

 

Rup

[tywy_99]

DOS CABLE

 

Above is the part of the federal register pertaining to K-3/4 implementation. Feel free to print yourself a copy, if you haven't got a copy of it already, and use it for a reference. I know I have refered to it many times.

 

You say that your K-3 has been approved and is now in Guangzhou.

I'm assuming that NVC has sent the I-129F to GZ. In that case, you need two things from NVC, the GUZ number and the date they mailed the petition. Call NVC at (603) 334-0700 and get this information from them. With the GUZ number, you can send e-mails to the IV unit at the consulate and see how they reply.

With the mailing date, you can contact DHL and find out what packages were sent from NVC to GZ consulate. DHL will give you an airbill number that you can use to track the package. There is more detailed info in the Links and Resources about this including the DHL website.

 

As far as the approved I-130 is concerned, NVC will mail to your wife the DS-3032 form. You will also receive a copy of this form along with the I-864 Fee Bill. This is where the CR-1 process actually begins and all this takes time to complete, right down to the P3 which is mailed back to NVC by you, your wife, or your agent.

 

Since your I-129F is in GZ, your wife will next receive the P3 for it, which hopefully won't be too long of time, so you are already way ahead of the I-130.

 

Unless things have changed or if your circumstances are different, this is the way it will work. I'm assuming that you are in the states carrying on with this process and not living abroad.

[lassetter]

Thank you for your help. I will act on this.

 

Rup

[Guest WillieMakit]

tywy_99, you seem to have a pretty good handle on these things, so maybe you could help clear up something.

 

I have just applied for CR1? by sending in I-130 with supporting documents. I have just received a receipt number in today's post, which I assume everyone here refers to as NOA1.

 

We were married in China on 10/25/2004. My wife has a 10 year old daughter whom we wish to bring into the US at the same time as my wife. She is listed on the I-130 as minor child.

 

I have a couple of questions:

 

If we wish to complete this process as-is, do we do nothing more?

 

I understand that we can also now file I-129F in parallel to the I-130 and take whichever comes in the fastest, if that is our concern. I want us to all come in as a family together. I do not want to be separated from our daughter (yea, 'our' daughter, since she managed to sneak her way into my heart) while this mess drags on.

 

I am not so concerned with saving a few months of processing time, as I am in the process of moving to China so I can be with my family while all this goes on.

 

So what is the next step to follow? Should I go ahead with the I-129F in addition to the I-130? Is this the K3/K4 process?

 

Do we wait for NOA2 (whatever that is) before we do anything else?

 

All these bloody abbreviations and acronyms get me down. I have not seen a good description of all these terms and the process to follow under any particular set of circumstances.

 

The government web site is useless. It is only outdone by the misinformation doled out by the vegetables at INS.

 

Thanks for any help you might be able to give me to make the process more clear.

 

Regards,

 

Will

[T & X]

Hey Will,

 

Check out the follow web site to help you with your questions about the K3 or K4 visa

 

http://www.hervisa.com

I have been using their service to help me with our K3 visa. They have been in the business for 20 years. They know where and when to cross the "t's" and the "i's" to get your visa through the first time. I do hope this web site helps you out. Good luck with your visa.

[MikeXiao]

Our CR-1/2 arrived in Guangzhou on 12-1. The K3 has not yet arrived, but will soon. I have been told that the K3 will void to the CR-1. I do not know how they keep track of it. I sent a email to the IV section of the consulate, and they answered that my wife's CR-1/2 will be processed not the K3.

[tywy_99]

If you are moving to China to be with your wife throughout the immigration process and are not in any hurry, then there may be no need to petition for the K-3/4 visa. The K-3 was created to quickly reunite families in the U.S. while awaiting the immigration process to runs its course.

Once your wife gets the CR-1 visa, she can enter the U.S. under a two-year conditional status. Somewhere around ninety days before the 2 years is up, the I-751 (petition to remove conditions on residence) must be filed with CIS. It is you and your wife's responsibility to make sure this form gets filed.

[Guest WillieMakit]

Thanks, tywy_99. According to both the I-130 and I-129F, our daughter can come under both systems at the same time as the mother. My whole purpose is not to be separated while we wait another two years for more government bureaucracy.

 

This is the part that is confusing. Some say that we must wait until we get into the US before petitioning for our daughter, but the paperwork would have us believe otherwise.

 

Oh well, thanks for the reply. Guess I am just too dense to get it straight

 

Regards,

 

Will

[tywy_99]

Thanks, tywy_99. According to both the I-130 and I-129F, our daughter can come under both systems at the same time as the mother. My whole purpose is not to be separated while we wait another two years for more government bureaucracy.

 

This is the part that is confusing. Some say that we must wait until we get into the US before petitioning for our daughter, but the paperwork would have us believe otherwise.

 

Oh well, thanks for the reply. Guess I am just too dense to get it straight

 

Regards,

 

Will

That is true. Under the I-130 and/or the I-129F, your step-daughter will also obtain a visa, the same time as her mother does, whether it be the CR-2 or the K-4.

She will be able to travel with her mother to the states.

 

Also, make sure that your step-daughter has her own passport.

 

-good luck

[tywy_99]

Under the CR-1 visa that you have petitoned for on behalf of your wife; your step-daughter, being the minor, unmarried child under 21 years of age will receive the CR-2 visa in compliance with immigration law. She will be able to travel with her mother.

 

If the alien spouse's child received conditional resident status within 90 days after the alien spouse did, then the child may be included in the alien's application to remove the conditions on permanent residence. However, the child must file a separate application if the child received conditional resident status more than 90 days after the alien spouse did.

 

I believe that for both, CR-1 and CR-2, that conditional status is removed after 2 years by filing the I-751.

[Guest WillieMakit]

OK tywy_99, thanks.

 

That is a very clear explanation. I kept getting too much information that didn' t make sense. Your response is very much appreciated.

 

I will be preparing/filing the I-129F today. So now the hard part begins - waiting.

 

Thanks again

 

Will

[tywy_99]

Here's a little more information to add. Listed below is from USCIS concerning removal of conditional status:

 

You may apply to remove your conditions on permanent residence if:

 

You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days).

===============

You and your wife must apply together to the U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your wife's entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

 

I read that an immediate relative petition (IR) is not the same as a conditional resident petition (CR). A child does not have derivative status in an immediate relative (IR) petition meaning that an I-130 must be filed on their behalf.

 

The law is not easy to interpret but here it is; INA § 216.

Code of Federal Regulations [CFR] at 8 CFR § 216