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K3 vs IR1/CR1

By J US in K-3 Spouse Visa Process & Procedures

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J US Newbie

J US   0

Posted
Filed: Timeline
Posted

Hello, I'm a U.S. Citizen; my wife, German Citizen living in Germany with our 2 years daughter. We married here in U.S. about 4 years ago and have civil marriage certificate. My daughter born in Germany but recently got U.S. passport since I'm U.S. Citizen. My wife has visited U.S. several time on visit visa since we got married. My daughter got the U.S. passport already, now I'm going to sponsor my wife but confused on a few things that I'm seeking the help for.

  1. Do I need to file for K3 or IR1/CR1 visa?
  2. If I'm filing for K3 visa, do I also need to file I-485 along with I-130 and I-864 at the time of filing?
  3. I was not working for past few years, no income, no tax returns. I started working in 2009, on 2009 tax returns I've enough income to support my wife but it is only for 1 year. What is the requirement of I-864, 1 year is good enough or I need to add a co-sponsor to make it 3 years?

Thank you for your time and efforts in advance, any input will be greatly appreciated.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hello, I'm a U.S. Citizen; my wife, German Citizen living in Germany with our 2 years daughter. We married here in U.S. about 4 years ago and have civil marriage certificate. My daughter born in Germany but recently got U.S. passport since I'm U.S. Citizen. My wife has visited U.S. several time on visit visa since we got married. My daughter got the U.S. passport already, now I'm going to sponsor my wife but confused on a few things that I'm seeking the help for.

  1. Do I need to file for K3 or IR1/CR1 visa?
  2. If I'm filing for K3 visa, do I also need to file I-485 along with I-130 and I-864 at the time of filing?
  3. I was not working for past few years, no income, no tax returns. I started working in 2009, on 2009 tax returns I've enough income to support my wife but it is only for 1 year. What is the requirement of I-864, 1 year is good enough or I need to add a co-sponsor to make it 3 years?

Thank you for your time and efforts in advance, any input will be greatly appreciated.

A USC does NOT file for either a K-3 or IR/CR visa. A USC will petition the USCIS for determination of eligibility of the alien spouse to apply for a visa in the future. IR/CR petition = I-130

Give up on the K-3 and concentrate on the IR/CR visa process. Effective Feb 2010, the K-3 is essentially administratively obsolete

YMMV

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J US Newbie

J US   0

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Filed: Timeline
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A USC does NOT file for either a K-3 or IR/CR visa. A USC will petition the USCIS for determination of eligibility of the alien spouse to apply for a visa in the future. IR/CR petition = I-130

Give up on the K-3 and concentrate on the IR/CR visa process. Effective Feb 2010, the K-3 is essentially administratively obsolete

Sounds good, I'll start seeking help from IR/CR Visa Process Forum and it'll be great help if someone could answer my other question about Form I-864. Thanks

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Sounds good, I'll start seeking help from IR/CR Visa Process Forum and it'll be great help if someone could answer my other question about Form I-864. Thanks

K-3 does not use the I-864... look for your answer in the IR/CR forum... I am sure it has been asked a few hundred times

I-485 filing requires the alien to be present in the USA, IR?CR visa holder does not need an I-485 EVER

I-864 filing does NOT happen at time of petition filing

Edited by payxibka

YMMV

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  • 3 years later...
NoelAnne Collaborator

NoelAnne   62

Posted
Filed: IR-1/CR-1 Visa Country: Ireland
 Timeline
Posted

Filing for IR1/CR1. question on the 864 packet, is that filed with the NVC or at the interview process?

Married 2013/05/24

.i130 sent. 2013/05/25.

NOAI rec'd. 2013/06/12.

Transferred to TSC. 2013/12/27.

NOA2 rec'd. 2014/01/27

NVC Rec'd 2014/02/11

IIN &case no. rec'd 2014/03/19

DS261submitted 2014/03/21

AOS invoice ready 2014/03/24

Ds260submitted. 2014/04/09

I130 in transit to embassy as per CEAC 2014/04/09

I130 rec'd in embassy 2014/04/11

Email with interview date 2014/04/11

letter with interview date and instructions 2014/04/15

Interview scheduled for 2014/04/29

VISA APPROVED!!! 2014/04/29.

Visa issued. 2014/05/02

Flight to Seattle. 2014/05/14!!!!

I129 sent. 2013/06/17NOA 1 rec'd. 2013/06/29NOA 2 rec'd. 2014/02/10NVC rec'd. 2014/02/11Rec'd by embassy. 2014/02/27Email from embassy with case no. and telling me how to proceed 2014/03/01Ds160 submitted online 2014/03/01medical scheduled for 2014/03/28Medical report received by embassy 2014/04/02Ceac status updated to ' READY' 2014/04/03 ( waiting for interview to be scheduled)Ceac status updated again!! 2014/04/08I129 will be closed and i130 being processed, 2014/04/09

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Filing for IR1/CR1. question on the 864 packet, is that filed with the NVC or at the interview process?

This is a 3 year old thread. The I-864 AOS package is sent to the NVC. In countries with electronic processing the AOS is emailed to the NVC and then the original is brought to interview. As im on my phone, I cannot tell if you are from an EP eligible country or not.

Also if you are on document intake at the NVC you are no longer on the k3 visa path but instead on the CR1/IR1 path. K3 do adjustment of status after arrival in the USA.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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TBoneTX Grand Master

TBoneTX   45,090

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Ancient thread closed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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