Second time: K3 or IR1

[claireg 0]

Hello,

We were married in 1995, me French and he is a US citizen. Had the baby also in 1995 . Filed and got the green card and stayed 10 years in the US. Moved to Mexico, Cancun (diving, snorkeling, warm weather...) in 2005 and so I had to give the GC back filing the I407.

Now it is time to move back again to the US....We are moving in June/July. Only six months to go and we filed the I130 16 Jan. Still waiting for NOA1.

I now have two choices to enter the US either with the IR1 or the K3.

If I go only with the IR1, and considering our timeline, then if I dont get it before this summer i can always enter with my tourist visa (but i can only stay 3 months) and go out to pick up in the consulate. Then if something bad happens -like any delay or anything else- i am stuck. (me in Mexico or France, the kids at school in the US)

I could file the k3 considering that the two visas are different and that would increase my chances to get something before my departure....and k3 is also a little bit quickier.

Now the problem of money is not a problem because to get the IR1 we have to go to Ciudad Juarez 3 days in the hotel, airplane ticket, taxi, etc.....so there is no difference between paying the fees for AOS or going to CDJ 3 days.

Now if i get the k3 and enter the US, and then my I130 is approved, do i have the right to get out and go to CDJ to pick it up? Is this possible to "replace " the K3 by the IR1 once it is received? Do I have to redo all the medical etc...or the medical done for the k3 is also valid for the IR1.

In short, can I "do" the K3 and then when it is received, can I invalidate it in order to get my IR1 directly or do i have to go absolutely through the AOS process?

[payxibka 10,045]

Hello,

We were married in 1995, me French and he is a US citizen. Had the baby also in 1995 . Filed and got the green card and stayed 10 years in the US. Moved to Mexico, Cancun (diving, snorkeling, warm weather...) in 2005 and so I had to give the GC back filing the I407.

Now it is time to move back again to the US....We are moving in June/July. Only six months to go and we filed the I130 16 Jan. Still waiting for NOA1.

I now have two choices to enter the US either with the IR1 or the K3.

If I go only with the IR1, and considering our timeline, then if I dont get it before this summer i can always enter with my tourist visa (but i can only stay 3 months) and go out to pick up in the consulate. Then if something bad happens -like any delay or anything else- i am stuck. (me in Mexico or France, the kids at school in the US)

I could file the k3 considering that the two visas are different and that would increase my chances to get something before my departure....and k3 is also a little bit quickier.

Now the problem of money is not a problem because to get the IR1 we have to go to Ciudad Juarez 3 days in the hotel, airplane ticket, taxi, etc.....so there is no difference between paying the fees for AOS or going to CDJ 3 days.

Now if i get the k3 and enter the US, and then my I130 is approved, do i have the right to get out and go to CDJ to pick it up? Is this possible to "replace " the K3 by the IR1 once it is received? Do I have to redo all the medical etc...or the medical done for the k3 is also valid for the IR1.

In short, can I "do" the K3 and then when it is received, can I invalidate it in order to get my IR1 directly or do i have to go absolutely through the AOS process?

You only mention filing the I-130... did you also submit an I-129F?

moving from DCF forum

Edited January 22, 2010 by payxibka

[Dakine 26]

You still have to go to Cuidad Juarez no matter what visa you do.

You'll get a 10 year GC with the IR-1.

Sounds like your main problem will be in meeting the minimum poverty guidelines and showing domicle.

Yes you can go back and get the IR-1 after using the K3 to enter the US.

Are you thinking of doing a DCF?

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

[Lia792 5]

I'm confused about where you filed your I-130 because that would change my response. (DCF or regular US filing)

I don't think you can file K-3 if you did DCF but that is pure speculation.

If you do file a K-3 based on a US filing, you have to file AOS. Plus, K-3 can actually slow down your petition rather than speed it up according to some things I have read here that they hold up your I-130 approval at USCIS to be at the same time as your I-129F. Plus, you would be saving a lot of money by just going for your IR-1. ($1000+)

You might want to check out recent Mexico timelines. I have been following them pretty closely and there seem to be few cases over 8-9 months. Lately 6-7 months seems to be the norm for a US filing of the I-130 as well as K-1s. And if you did DCF it should be even faster but there are no recent timelines for that.

Good luck!

[sachinky 465]

If you qualify for a IR-1, you'd have to be crazy to file for a K-3.

If you qualify for DCF, go that route.

Read the guides.

[Lia792 5]

Also, on a re-read, what Dakine says is true. You have to go to Ciudad Juarez no matter what. So the money for AOS is on top of Ciudad Juarez.

You can't use the visa and then not use it. The K-3 is like an add-on to the IR-1. The IR-1 is the hamburger and with the K-3 it is the combo, if that helps. You can't drink the pop and eat the fries and then say you don't want the combo.

The only way people can go back to the original IR-1 petition (I believe) is if the K-3 is denied.

Other posters: Please note they already filed the I-130.

Edited January 22, 2010 by Lia792

[claireg 0]

Thanks for the detailed answer!

Well as I had a GC before I already have my SSN (filed taxes all theses years), and my driver license...

I don't think after 15 years of marriage they will be in doubt of the relationship....(hummmm) ...Will they?

We are semi-retired - a change in these forums !- and we have no intention to work in the US (pension from the US gov).

We are doing a DCF i think (?) - sent the paperwork to the embassy in Mexico-

Well the question was really this:

Is doing BOTH (K3 and IR1) increase my chances of moving in the summer?

After getting the K3, I had no intention of doing AOS but wait for the IR1 and go get it in Mexico.

This strategy is designed only for me to move in the summer (because school starts)

He he...never had a Stokes interview.....how is it?

You still have to go to Cuidad Juarez no matter what visa you do.

You'll get a 10 year GC with the IR-1.

Sounds like your main problem will be in meeting the minimum poverty guidelines and showing domicle.

Yes you can go back and get the IR-1 after using the K3 to enter the US.

Are you thinking of doing a DCF?

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

[payxibka 10,045]

Thanks for the detailed answer!

Well as I had a GC before I already have my SSN (filed taxes all theses years), and my driver license...

I don't think after 15 years of marriage they will be in doubt of the relationship....(hummmm) ...Will they?

We are semi-retired - a change in these forums !- and we have no intention to work in the US (pension from the US gov).

We are doing a DCF i think (?) - sent the paperwork to the embassy in Mexico-

Well the question was really this:

Is doing BOTH (K3 and IR1) increase my chances of moving in the summer?

After getting the K3, I had no intention of doing AOS but wait for the IR1 and go get it in Mexico.

This strategy is designed only for me to move in the summer (because school starts)

He he...never had a Stokes interview.....how is it?

You cannot DCF a K-3.... a petition for a K-3 can only be submitted to a stateside USCIS service center... so you might as well stop considering that as an option

Edited January 22, 2010 by payxibka

[Lia792 5]

Oh, that's good then, that you filed DCF. The one person who posted a thread on DCF in Mexico only took 4-5 months.

http://www.visajourney.com/forums/index.ph...p;hl=dcf+mexico

I don't know what their current processsing time is but I would bet you would be able to move around June or July or definitely before September. *That is a guess.* Make sure you email or call them for approval notifications, and if you get your I-864 paperwork and the other stuff for the interview ready before they send you Packet 3 you can get your interview even faster since you won't take a month or two to send it back. If regular processing times are 6-7 months, it would be probable that a DCF would be faster, but as I said, there isn't really any current data regarding Mexico DCF processing times.

[claireg 0]

Thanks for the info. Wouahou this was quick for them ! 4 months is nothing.

I am not sure if I filed DCF or not. I supposed so, because I sent the papers to Mexico City DF instead of sending them to the US.

Anyway keep the fingers crossed!

Oh, that's good then, that you filed DCF. The one person who posted a thread on DCF in Mexico only took 4-5 months.

http://www.visajourney.com/forums/index.ph...p;hl=dcf+mexico

I don't know what their current processsing time is but I would bet you would be able to move around June or July or definitely before September. *That is a guess.* Make sure you email or call them for approval notifications, and if you get your I-864 paperwork and the other stuff for the interview ready before they send you Packet 3 you can get your interview even faster since you won't take a month or two to send it back. If regular processing times are 6-7 months, it would be probable that a DCF would be faster, but as I said, there isn't really any current data regarding Mexico DCF processing times.

[payxibka 10,045]

Thanks for the info. Wouahou this was quick for them ! 4 months is nothing.

I am not sure if I filed DCF or not. I supposed so, because I sent the papers to Mexico City DF instead of sending them to the US.

Anyway keep the fingers crossed!

Not suppose so, but is so, as any petition that is submitted to a post outside the USA, fits the definition of a direct consulate (DCF) filed petition..

[Lia792 5]

Yes, claireq, if you filed through the consulate, you did "direct consular filing" - DCF. There is no offical name for it, DCF is the internet term. I'm estimating 4-8 months with 4-5 being my guess, since regular processing has been very quick for Mexico lately.

I'm really interested in your timeline because I will be doing the same thing soon and I'm wondering how long it will take as well.

[Lia792 5]

Here's one email address I have for the embassy: acsmexicocity@state.gov, although probably a phone call would get you further.

You have to factor in mailing time, but you do want to be on top of the embassy to know when it gets tranferred to NVC. (My understanding is that DCF in Mexico gets transferred to NVC for interview scheduling and possible security checks?) Another reason you want to be in contact with them is to find out if they have tried to send Packet 3 to you and to make sure it doesn't get lost in the mail system.

[claireg 0]

Thanks for the email. I shall see if this one works!

It is just basically to contact the embassy to get information. We tried phone calls, leaving messages, writing emails...they just don't give a s.... Finally we filed the i130 just praying all the info we had was right.

I see on your timeline that you didn't file i130 yet? Just wondering if with DCF we am going to receive a NOA1. I read somewhere that with DCF we don't receive it .

Here's one email address I have for the embassy: acsmexicocity@state.gov, although probably a phone call would get you further.

You have to factor in mailing time, but you do want to be on top of the embassy to know when it gets tranferred to NVC. (My understanding is that DCF in Mexico gets transferred to NVC for interview scheduling and possible security checks?) Another reason you want to be in contact with them is to find out if they have tried to send Packet 3 to you and to make sure it doesn't get lost in the mail system.

[Lia792 5]

Hi Claireg,

No, I'm not filing until March. I'm just organizing all my paperwork for Mexico and US at the same time. I have done a lot of research on DCF in Mexico as I was trying to decide whether to do it or K-1, or CR-1 in the US. In spite of the lack of data available, we will be doing DCF since it should be the fastest and cheapest. (It is actually $70 cheaper than the regular IR-1/CR-1.) However, I am also awaiting an email response from them.

Here are some links showing how some people got their NOAs from the embassy: (in person)

Family Immigration - DCF 2007

(a letter)

DCF Mexico Letter

The VJ link I posted earlier was from someone who called and got theirs.

It seems most people who do DCF in Mexico get their petitions approved within a month or even a week or day. You don't really need to know the NOAs, what is more important is making sure Packet 3 gets to you and doesn't get lost. I'm not sure whether your Packet 3 comes from Ciudad Juarez or from NVC.

Good luck!