Would the petition be disadvantaged if.....

[dreamcircus 0]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

[pushbrk 12,824]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Edited December 12, 2008 by pushbrk

[Dakine 26]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Not dead but a dinosaur. Only people who are not aware of the ins and outs of K3s compared to the CR-1 go with them.

[pushbrk 12,824]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Not dead but a dinosaur. Only people who are not aware of the ins and outs of K3s compared to the CR-1 go with them.

You keep saying this but it is just not true. Some people are actually smart to go with the K3 visa for various reasons. If the immigrating spouse lives in Western Canada and doesn't care about working soon, K3 will get the couple reunited several months sooner than CR1/IR1 just because of the dynamics of how things are done in Canada. Others are perfectly willing to trade a few hundred dollars to save two or three months. There are a few countries where no matter how fast you get through NVC, the CR1 will cost you three months or more. I think all should CONSIDER the immigrant visa path but it's not as cut and dried as you constantly make it seem. At least not for all petitioners.

[hope1 0]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Not dead but a dinosaur. Only people who are not aware of the ins and outs of K3s compared to the CR-1 go with them.

You keep saying this but it is just not true. Some people are actually smart to go with the K3 visa for various reasons. If the immigrating spouse lives in Western Canada and doesn't care about working soon, K3 will get the couple reunited several months sooner than CR1/IR1 just because of the dynamics of how things are done in Canada. Others are perfectly willing to trade a few hundred dollars to save two or three months. There are a few countries where no matter how fast you get through NVC, the CR1 will cost you three months or more. I think all should CONSIDER the immigrant visa path but it's not as cut and dried as you constantly make it seem. At least not for all petitioners.

I agree, I do not care if my wife get a green card 6 months after she entered the US or even 6 years. I just need her here. Why bother with CR1/IR1 if K3 could do it faster for me.

[pushbrk 12,824]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Not dead but a dinosaur. Only people who are not aware of the ins and outs of K3s compared to the CR-1 go with them.

You keep saying this but it is just not true. Some people are actually smart to go with the K3 visa for various reasons. If the immigrating spouse lives in Western Canada and doesn't care about working soon, K3 will get the couple reunited several months sooner than CR1/IR1 just because of the dynamics of how things are done in Canada. Others are perfectly willing to trade a few hundred dollars to save two or three months. There are a few countries where no matter how fast you get through NVC, the CR1 will cost you three months or more. I think all should CONSIDER the immigrant visa path but it's not as cut and dried as you constantly make it seem. At least not for all petitioners.

I agree, I do not care if my wife get a green card 6 months after she entered the US or even 6 years. I just need her here. Why bother with CR1/IR1 if K3 could do it faster for me.

I don't mean to sound like a board bully but you haven't provided a profile with country name etc. There are two sides to this. If there is likely to be only a month saved, you may well want to trade that month to avoid the whole AOS process. There are many valid reason to take the slightly slower route besides authorization to work. They may or may not apply to you but without timeline data, we don't have a clue.

[hope1 0]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Not dead but a dinosaur. Only people who are not aware of the ins and outs of K3s compared to the CR-1 go with them.

You keep saying this but it is just not true. Some people are actually smart to go with the K3 visa for various reasons. If the immigrating spouse lives in Western Canada and doesn't care about working soon, K3 will get the couple reunited several months sooner than CR1/IR1 just because of the dynamics of how things are done in Canada. Others are perfectly willing to trade a few hundred dollars to save two or three months. There are a few countries where no matter how fast you get through NVC, the CR1 will cost you three months or more. I think all should CONSIDER the immigrant visa path but it's not as cut and dried as you constantly make it seem. At least not for all petitioners.

I agree, I do not care if my wife get a green card 6 months after she entered the US or even 6 years. I just need her here. Why bother with CR1/IR1 if K3 could do it faster for me.

I don't mean to sound like a board bully but you haven't provided a profile with country name etc. There are two sides to this. If there is likely to be only a month saved, you may well want to trade that month to avoid the whole AOS process. There are many valid reason to take the slightly slower route besides authorization to work. They may or may not apply to you but without timeline data, we don't have a clue.

I am an LRP will update my info as soon as I become USC and upgrade my case.

[pushbrk 12,824]

I am about to petition my husband for K3. We married in May and left the country for 6 months, recently returning to the U.S. and he entered on the visa-waiver program.

Now, if I were to send in the I-130, would our petition be disadvantaged in any way if I-130 is sent in while husband is still in the country as a visitor? Thanks.

Nope

You know, K3 is dead, right? Ok, not really dead but for most people it's not the best option. Have you considered just going the CR1 route?

Not dead but a dinosaur. Only people who are not aware of the ins and outs of K3s compared to the CR-1 go with them.

You keep saying this but it is just not true. Some people are actually smart to go with the K3 visa for various reasons. If the immigrating spouse lives in Western Canada and doesn't care about working soon, K3 will get the couple reunited several months sooner than CR1/IR1 just because of the dynamics of how things are done in Canada. Others are perfectly willing to trade a few hundred dollars to save two or three months. There are a few countries where no matter how fast you get through NVC, the CR1 will cost you three months or more. I think all should CONSIDER the immigrant visa path but it's not as cut and dried as you constantly make it seem. At least not for all petitioners.

I agree, I do not care if my wife get a green card 6 months after she entered the US or even 6 years. I just need her here. Why bother with CR1/IR1 if K3 could do it faster for me.

I don't mean to sound like a board bully but you haven't provided a profile with country name etc. There are two sides to this. If there is likely to be only a month saved, you may well want to trade that month to avoid the whole AOS process. There are many valid reason to take the slightly slower route besides authorization to work. They may or may not apply to you but without timeline data, we don't have a clue.

I am an LRP will update my info as soon as I become USC and upgrade my case.

The primary thing missing and relevant to this thread is the name of the country from which your wife will apply for a visa.

[hope1 0]

The primary thing missing and relevant to this thread is the name of the country from which your wife will apply for a visa.

Here you go

[pushbrk 12,824]

Here you go

LOL, your profile now says CR1/IR1. I thought you just said you didn't want to bother with that??

[dreamcircus 0]

OK so K3 is the old route, CR1 is the new one. Could someone provide the usual timeline for getting a CR1 vs a K3 approved providing everything sent in is complete etc? Husband has no criminal record, from a friendly country (Australia), and has had many many entries in and out of the U.S. over the last 15 years long before he met me, where he never overstayed, prefect record etc etc.

And could someone please explain why CR1 is the preferred method if employment eligibility is required?(referring to reply no.1)

Thank you

[pushbrk 12,824]

OK so K3 is the old route, CR1 is the new one. Could someone provide the usual timeline for getting a CR1 vs a K3 approved providing everything sent in is complete etc? Husband has no criminal record, from a friendly country (Australia), and has had many many entries in and out of the U.S. over the last 15 years long before he met me, where he never overstayed, prefect record etc etc.

And could someone please explain why CR1 is the preferred method if employment eligibility is required?(referring to reply no.1)

Thank you

Actually, CR1 is the old and new. K3 was a temporary shortcut that has become unneccessary and expensive for most people because it saves little if any time now.

Use the timeline function here to answer your timeline question more precisely but in general, I'd plan on 7 to 10 months from filing to visa interview and be prepared for more like a year.

[*Snowdrop* 604]

OK so K3 is the old route, CR1 is the new one. Could someone provide the usual timeline for getting a CR1 vs a K3 approved providing everything sent in is complete etc? Husband has no criminal record, from a friendly country (Australia), and has had many many entries in and out of the U.S. over the last 15 years long before he met me, where he never overstayed, prefect record etc etc.

And could someone please explain why CR1 is the preferred method if employment eligibility is required?(referring to reply no.1)

Thank you

We went for CR1 rather than K3 because for the UK the time difference was not huge - I based that on the figures from people's timelines on here.

However a lot is just luck, we got stuck in a backlog last year and ended up just waiting for ages for our file to even be looked at. We were stuck at the Vermont Service Center for ten months - people who filed at the same time as us and after at the California Center were processed much more quickly some in as little as 2 months just because the center was processing faster.

We had no problems with the forms, I have no criminal record etc and have travelled many times to and from the US with no issues. Being from a 'friendly' country had no advantage for us during the process because we were just stuck in a big queue.

We filed in Oct 2007 - I had my interview last week. So it took a over a year to get to that stage.

If you are lucky you will end up at CSC and the backlogs will be smaller - then you may get through the whole thing in 6-8 months but be prepared for a longer wait. Doing the K3 would not have made much of a difference for us (maybe a month or two at most) and now we don't have to file more forms and pay another $1000, or wait for permission to work for up to three months. However if Australia has a bigger gap between the two visas it might be a better option for you.

[toma1 10]

Just to clarify for newbie readers:

If you are not already married, K1 is still the fastest way to bring your loved one here.

(Because you have to plan and hold the wedding before you can apply for either K3 or CR1.)

[dreamcircus 0]

Thanks a lot for the replies, I will do more research and maybe post more questions, but this has been helpful.