K3 switch to CR-1

[ToTheUSA 0]

Hi Everyone,

We have filed our K3 visa application but thanks to the help provided on one of the other topic boards we found out that this probably wasn't the best option for us and our lawyer neglected to tell us.

We where married in British Columbia earlier this year and our lawyer neglected to tell us that I would have to fly to BC for my interview at the consulate instead of being able to do it in London where I now live.

Has anyone else filed a K3 visa and then had to switch it to a CR-1 visa during the process because of the above reason? If you have could you share with me how you would go about doing this from London? I understand from reading this site you have the option to switch to the CR-1 visa during the process. Could you also tell me how long the process will take whilst in the UK for the CR-1 visa? Does it take considerably more time than a K3 being filed in Canada ?

Any guidance would be very much appreciated.

Thanks

ToTheUSA

[riblet 0]

Luckily for you, you have already applied for the CR1 visa

In order to file for the K3, you must first file the I130, which is the petition for the CR/IR1. Many many people pursue both, and just pick whichever goes faster. You don't really have to do anything, but just watch both. Although, there is a new policy in which the USCIS may presume that you are going to come in on the K3 and Adjust status, if that is the case, when your I130 is approved they will retain it, but you can ask to have it forwarded to the NVC, which should then send it on to London.

Generally the CR1 takes a few months or so longer, but you are work authorized upon entering the U.S.

Hope this clears up some of your questions, feel free to ask if you have anymore, or if I've been confusing.

Hi Everyone,

We have filed our K3 visa application but thanks to the help provided on one of the other topic boards we found out that this probably wasn't the best option for us and our lawyer neglected to tell us.

We where married in British Columbia earlier this year and our lawyer neglected to tell us that I would have to fly to BC for my interview at the consulate instead of being able to do it in London where I now live.

Has anyone else filed a K3 visa and then had to switch it to a CR-1 visa during the process because of the above reason? If you have could you share with me how you would go about doing this from London? I understand from reading this site you have the option to switch to the CR-1 visa during the process. Could you also tell me how long the process will take whilst in the UK for the CR-1 visa? Does it take considerably more time than a K3 being filed in Canada ?

Any guidance would be very much appreciated.

Thanks

ToTheUSA

[ToTheUSA 0]

That's really helpful thanks I think we may well go this route. If the CR-1 takes a few months longer I'm wondering if it might be worth my wife joining me in London until the process is complete ? The only problem I can see with that is it having an effect upon her affidavit of support ?

Another quick question if that's ok, do you only need police certificates for places you have lived for over 1 year when applying for the CR-1 visa ? I lived in Australia for a few months a few years back and wondered if I should obtain a police certificate from them, but wasn't there for over a year ?

Luckily for you, you have already applied for the CR1 visa

In order to file for the K3, you must first file the I130, which is the petition for the CR/IR1. Many many people pursue both, and just pick whichever goes faster. You don't really have to do anything, but just watch both. Although, there is a new policy in which the USCIS may presume that you are going to come in on the K3 and Adjust status, if that is the case, when your I130 is approved they will retain it, but you can ask to have it forwarded to the NVC, which should then send it on to London.

Generally the CR1 takes a few months or so longer, but you are work authorized upon entering the U.S.

Hope this clears up some of your questions, feel free to ask if you have anymore, or if I've been confusing.

Hi Everyone,

We have filed our K3 visa application but thanks to the help provided on one of the other topic boards we found out that this probably wasn't the best option for us and our lawyer neglected to tell us.

We where married in British Columbia earlier this year and our lawyer neglected to tell us that I would have to fly to BC for my interview at the consulate instead of being able to do it in London where I now live.

Has anyone else filed a K3 visa and then had to switch it to a CR-1 visa during the process because of the above reason? If you have could you share with me how you would go about doing this from London? I understand from reading this site you have the option to switch to the CR-1 visa during the process. Could you also tell me how long the process will take whilst in the UK for the CR-1 visa? Does it take considerably more time than a K3 being filed in Canada ?

Any guidance would be very much appreciated.

Thanks

ToTheUSA

[riblet 0]

I'm still slightly confused about the Affidavit of Support - I know the emphasis is on recent income, but I can't remember if that is just the most recent tax year or even more recent. Check out the I864EZ form and I864 on the USCIS site to make sure.

For police certificate, for Immigrant visa has to be 1 year or more, and for K visa has to be 6 months or more as far as I recall. I know I've seen this recently.

I'm avoiding studying for law school exams right now, so I'm quite happy to be distracted

By the way, do you know how to check the status of your petitions online? I wasn't sure from the way you were discussing things if you did or not.

[Yodrak 7]

riblet,

How do you figure that? He can't apply for the visa until the I-130 petition has been approved, and there is no indication in his profile or his posts that the petition has been approved.

Yodrak

Luckily for you, you have already applied for the CR1 visa

......

[Wild Wind 0]

We filed for the CR-1/K-3 visa’s it turned out to be a horse race with the CR-1 catching the K-3 so when my wife went for her interview it was for the CR-1 which worked out very well and simplified everything. Now all we need to do is file for the Change of Conditions next year.

[riblet 0]

Well Yodrak - what would you consider the first step in applying for the CR/IR1? My understanding is that you must first file the I130, and as that's the first step in the process, I guess in the way I speak I would say that was applying for it. Sorry if I wasn't clear enough, or is there some other way to initiate the application process for the CR/IR1?

riblet,

How do you figure that? He can't apply for the visa until the I-130 petition has been approved, and there is no indication in his profile or his posts that the petition has been approved.

Yodrak

Luckily for you, you have already applied for the CR1 visa

......

[Yodrak 7]

riblet,

Petitioning for permission to apply for a visa and applying for a visa are two different things. The petition is not a visa application.

Yodrak

Well Yodrak - what would you consider the first step in applying for the CR/IR1? My understanding is that you must first file the I130, and as that's the first step in the process, I guess in the way I speak I would say that was applying for it. Sorry if I wasn't clear enough, or is there some other way to initiate the application process for the CR/IR1?

riblet,

How do you figure that? He can't apply for the visa until the I-130 petition has been approved, and there is no indication in his profile or his posts that the petition has been approved.

Yodrak

Luckily for you, you have already applied for the CR1 visa

......