Are IR1/CR1's moving faster?

[Sofiyya 1,687]

Hello, all. My husband and I began our visa journey intending to do a K3 since they were supposed to be faster than an immigrant visa. I filed the I-130 in July 26 and received NOA1 the next week. Not expecting a rush on approval, I goofed around while gathering more info about dealing with red flags, then, opps!, received the approval NOA in October 3, much faster than the time chart indicated. Now, I have the AOS bill in hand, dated October 30. This is not a bad thing, but they're starting for freak me out. Are IR1/CR1's moving faster than K3s now?

Also, now that we're doing an immigrant visa instead, are there any effective ways to sneak in the info I prepared to address our red flags - large age difference, no wedding (no time!), and the like - before the interview so they can't say they didn't know about them before the interview?

Thanks for your help!

[YuAndDan 153]

CR-1/IR-1 are moving much faster lately and I have seen a few lately get interview appointments between K-3 and CR-1 as close together as 2 weeks. So in some cases it is not much different and some times wailing a few weeks before coming to the states, can result in arriving on the CR-1 immigrant visa saving the time needed to do an AOS here.

[dougyceci 0]

You filed the I-130 for your CR-1 but never filed the I-129F for the K-3. Is that correct? But in your letter you said "no wedding" and were wondering how to sneak this info in? Maybe I misunderstood, if you could put your situation a bit more clearly it may help in getting more advice. Thanks

[girl 37 7]

If you can afford to start paying the NVC fees (knowing that you might lose them if you're in a hurry for your spouse to arrive right away after receiving the K3 if you get it first and then decide to do AoS in the US), it might be a good idea to start moving your I-130 through the NVC as quickly as possible. We used James's shortcuts and ours went quite fast. I'd check to see when your K3 should be complete compared to others who have just gone through your consulate, and go from there. Also, I don't see how it would hurt to submit a letter addressing the red flags. I definitely would if I was in your position.

dougyceci: I'm sure the OP will address this herself but I imagine what she meant by no wedding was that they didn't have a traditional wedding, which might be an issue for couples from that area.

[Sofiyya 1,687]

You filed the I-130 for your CR-1 but never filed the I-129F for the K-3. Is that correct? But in your letter you said "no wedding" and were wondering how to sneak this info in? Maybe I misunderstood, if you could put your situation a bit more clearly it may help in getting more advice. Thanks

There is no K3; we're dropping it. It turned into a CR1/IR1 because I waited too long to file an I-129F. I've been advised that having no wedding photos, and having a large age gap (ours is 21 years with the wife older) are two big red flags that can cause suspicions of fraud if not addressed prior to the interview. We have good reasons for not having wedding photos. We prepared for a wedding, but ran into trouble with a stubborn judge that didn't want to grant permission for us to marry, so we hired a lawyer to deal with him, which held things up 5 more days. The permission came thru at 6:30 pm; we got the registration done at about 8 pm, took a taxi home and barely had time to have dates and milk with his family before getting to bed by 9:30 pm. Then, up again by 2 am to catch a taxi to the train station to catch a train to another city where my plane left at 10 am.

The age gap, well, that wasn't planned

I was advised to add an addendum to the I-129F that would discuss all the red flags that US consulates are known to look for, whether they were an issue for us or not. With the I-129F now not part of our package, I'm wondering if there will be another piece of paperwork sent to the NVC that I can attach this addendum to that will serve to allow us to give them our information beforehand. Unfortunately, I know much less about CR1/IR1, having studied for the K3.

Thanks, everyone!

One more thing. I received TWO separate AOS fee requests with the same number for the same visa request. Am I supposed to pay twice?

Edited November 9, 2006 by szsz

[meauxna 15]

I was advised to add an addendum to the I-129F that would discuss all the red flags that US consulates are known to look for, whether they were an issue for us or not. With the I-129F now not part of our package, I'm wondering if there will be another piece of paperwork sent to the NVC that I can attach this addendum to that will serve to allow us to give them our information beforehand. Unfortunately, I know much less about CR1/IR1, having studied for the K3.

Thanks, everyone!

One more thing. I received TWO separate AOS fee requests with the same number for the same visa request. Am I supposed to pay twice?

I *think* what you are referring to with the extra info was a move to keep the Consulate from returning the petition to the US. Let's just think positive and maybe it won't be necessary. At this point, your petition is out of USCIS's hands, and they're the ones who needed to have that info before approval, if I'm thinking of what you're thinking of.

Anyway, two fee bills? Is there a child coming along with?

[kofuku 0]

You filed the I-130 for your CR-1 but never filed the I-129F for the K-3. Is that correct? But in your letter you said "no wedding" and were wondering how to sneak this info in? Maybe I misunderstood, if you could put your situation a bit more clearly it may help in getting more advice. Thanks

There is no K3; we're dropping it. It turned into a CR1/IR1 because I waited too long to file an I-129F. I've been advised that having no wedding photos, and having a large age gap (ours is 21 years with the wife older) are two big red flags that can cause suspicions of fraud if not addressed prior to the interview. We have good reasons for not having wedding photos. We prepared for a wedding, but ran into trouble with a stubborn judge that didn't want to grant permission for us to marry, so we hired a lawyer to deal with him, which held things up 5 more days. The permission came thru at 6:30 pm; we got the registration done at about 8 pm, took a taxi home and barely had time to have dates and milk with his family before getting to bed by 9:30 pm. Then, up again by 2 am to catch a taxi to the train station to catch a train to another city where my plane left at 10 am.

The age gap, well, that wasn't planned

I was advised to add an addendum to the I-129F that would discuss all the red flags that US consulates are known to look for, whether they were an issue for us or not. With the I-129F now not part of our package, I'm wondering if there will be another piece of paperwork sent to the NVC that I can attach this addendum to that will serve to allow us to give them our information beforehand. Unfortunately, I know much less about CR1/IR1, having studied for the K3.

Thanks, everyone!

One more thing. I received TWO separate AOS fee requests with the same number for the same visa request. Am I supposed to pay twice?

The K-3 does not turn into another visa, it is what it is -- a K-3. You can abandon it for the I-130 and most people do if they go through NVC without a K-3 NOA2. The NVC will only look at the AOS and visa application. There is no other paperwork to attach as an addendum. In fact, they only check for accuracy(original signatures, etc.) The consulate will "question" all info and age differences. You may want to address that issue with Packet 3 that is returned to Casa.

As far as two AOS, you are only responsible for one. Check out the guides for CR-1/IR-1 on VJ and check into the NVC forum for help on the process.

Christine

[Sofiyya 1,687]

I didn't send the I-129F, so there was never a K3. I considered sending it after the I-130 was approved, but why bother since the CR1/IR1 is moving so fast? I'll send the addendum to the NVC, and perhaps it will go to Casa with the rest of the paperwork. At least they will have seen it and can't say they didn't know what was in it.

Thanks, folks!

[meauxna 15]

I didn't send the I-129F, so there was never a K3. I considered sending it after the I-130 was approved, but why bother since the CR1/IR1 is moving so fast? I'll send the addendum to the NVC, and perhaps it will go to Casa with the rest of the paperwork. At least they will have seen it and can't say they didn't know what was in it.

Thanks, folks!

szsz, I think you are misunderstanding.. a dangerous territory to be in considering your Consulate. Go back to where you go the info about adding your 'addendum' and re-check it.

About the I-129f for the K-3: for the info of other readers, that should have been filed with the first receipt notice (NOA1) that came for the I-130. It is supposed to help you while waiting for the I-130 NOA2, not to wait for the I-130 NOA2 and *then* file.

[girl 37 7]

szsz, I think you are misunderstanding.. a dangerous territory to be in considering your Consulate. Go back to where you go the info about adding your 'addendum' and re-check it.

So, I'm just curious meauxna, is the main danger that the consulate will send the petition back to USCIS for 'reconfirmation' or something, and that after the petition reaches the NVC it's too late to take preventative measures?

[meauxna 15]

szsz, I think you are misunderstanding.. a dangerous territory to be in considering your Consulate. Go back to where you go the info about adding your 'addendum' and re-check it.

So, I'm just curious meauxna, is the main danger that the consulate will send the petition back to USCIS for 'reconfirmation' or something, and that after the petition reaches the NVC it's too late to take preventative measures?

girl 37, yes that is how I understand it.

[aussiewench 9]

szsz, I think you are misunderstanding.. a dangerous territory to be in considering your Consulate. Go back to where you go the info about adding your 'addendum' and re-check it.

So, I'm just curious meauxna, is the main danger that the consulate will send the petition back to USCIS for 'reconfirmation' or something, and that after the petition reaches the NVC it's too late to take preventative measures?

A conof should have information etc that was unknown to the USCIS at the time of approving the petition, in order to return the petition for revocation. Hence why it is recommended often that if you do have circumstances that could raise red flags, it can be beneficial to make it known with the initial filing of the petition.

6. In adjudicating visa cases involving petitions, posts should

bear in mind three important factors: A. the consular officer''s

role in the petition process is to determine if there is

substantial evidence relevant to petition validity not

previously considered by DHS, and not to merely readjudicate the

petition;

7. In general, an approved petition will be considered by

consular officers as prima facie evidence that the requirements

for classification - which are examined in the petition process

- have been met. Where Congress has placed responsibility and

authority with DHS to determine whether the requirements for

status which are examined in the petition process have been met,

consular officers do not have the authority to question the

approval of petitions without specific evidence, generally

unavailable to DHS at the time of petition approval, that the

beneficiary may not be entitled to status (see 9 FAM 41.53, Note

2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6,

and 42.43 Note 2) due to fraud, changes in circumstances or

clear error on the part of DHS in approving the petition.

Conoffs should not assume that a petition should be revoked

simply because they would have reached a different decision if

adjudicating the petition.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

[girl 37 7]

Thanks, ladies.

[Sofiyya 1,687]

szsz, I think you are misunderstanding.. a dangerous territory to be in considering your Consulate. Go back to where you go the info about adding your 'addendum' and re-check it.

So, I'm just curious meauxna, is the main danger that the consulate will send the petition back to USCIS for 'reconfirmation' or something, and that after the petition reaches the NVC it's too late to take preventative measures?

A conof should have information etc that was unknown to the USCIS at the time of approving the petition, in order to return the petition for revocation. Hence why it is recommended often that if you do have circumstances that could raise red flags, it can be beneficial to make it known with the initial filing of the petition.

6. In adjudicating visa cases involving petitions, posts should

bear in mind three important factors: A. the consular officer''s

role in the petition process is to determine if there is

substantial evidence relevant to petition validity not

previously considered by DHS, and not to merely readjudicate the

petition;

7. In general, an approved petition will be considered by

consular officers as prima facie evidence that the requirements

for classification - which are examined in the petition process

- have been met. Where Congress has placed responsibility and

authority with DHS to determine whether the requirements for

status which are examined in the petition process have been met,

consular officers do not have the authority to question the

approval of petitions without specific evidence, generally

unavailable to DHS at the time of petition approval, that the

beneficiary may not be entitled to status (see 9 FAM 41.53, Note

2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6,

and 42.43 Note 2) due to fraud, changes in circumstances or

clear error on the part of DHS in approving the petition.

Conoffs should not assume that a petition should be revoked

simply because they would have reached a different decision if

adjudicating the petition.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

So true, but Casa officers have been known to return petitions for the mere fact that the couple didn't fit a local stereotype. I'm looking for a way to get the addendum added to the info sent to Casa prior to the petition because another thing they are known for is refusing to examine your evidence regarding a red flag when they bring it up, even tho they are supposed to, then using a lack of evidence as a reason to return the petition.

Has anyone found a way to deal with that?

[meauxna 15]

So true, but Casa officers have been known to return petitions for the mere fact that the couple didn't fit a local stereotype. I'm looking for a way to get the addendum added to the info sent to Casa prior to the petition because another thing they are known for is refusing to examine your evidence regarding a red flag when they bring it up, even tho they are supposed to, then using a lack of evidence as a reason to return the petition.

Has anyone found a way to deal with that?

We know what you're saying, but if that information was not included with the petition, then it doesn't help you according to the above. The quote from aussiewench is from DOA/the Consulates. Where they talk about DHS, that means CIS. Since your petition is approved, CIS is done with you.

Perhaps you could go over the information from ellisisland regarding returned petitions and find a way for you to deal with it now, post CIS, pre Consulate. I'm not familiar with any strategy for that.

I don't mean this to sound trite, but you can also try the power of positive thinking and don't give them this reason to make a problem for you.