K3 Visa or IR1/CR1- The Choice

[Rings 10]

The Choice

How do you know what will work best for you?

Is there really that much of a difference?

Can you file for both?

If so, can you do it at the same time?

At the end of the day will I regret my choice?

these are the questions that are pouring through me as I read and read and read through this forum. I feel like I do not know much more than when I started even though it is apparent that I have learned at l;east how to get started. We have filed the I-130 and now we must make the best decision for us in what visa we will apply for. I think that the IR1/CR1 seems like it may be the better option in the long run for us, but Loke is stearing for the K3 for speed. He figures that we can get more paperwork done when he arrives, but is that all there is to it?

If yes, then why does it seem as if most couples feel there is a benifit to "waiting it out"?

*sigh* I just wish I had a "Immigration for dummies" book sometimes...

[misa 2]

Hi and welcome.

I know it's a tough choice, but for us, the choice was that we wanted to be reunited faster so went with a K3. It's more expensive in the long run and more forms to fill later, etc. but for us, it's worth it. We didn't want to wait out a CR-1, we just want to be together.

As for following both... things have changed a little bit. There was a new policy put in place in I think October. USCIS makes the assumption that if someone is filing for a K3, they will hold the approved I-130 instead of forwarding it to the NVC because the person will enter on a K3 and then adjust status after entry. There is a form you can file to have the approved I-130 forwarded to the NVC for processing, but no one here who has filed that form has had their petition forwarded yet. If you look at my timeline, both petitions were approved at the same time but my I-130 was retained. I didn't bother filing to have it forwarded because we just want to be reunited so I'm interviewing for a K3 next month and we'll adjust status after entry.

If you can wait it out, the CR-1 is the better choice since it is an immigrant visa and is greencard approved and you wouldn't need to worry about adjusting status after entry.

So really the things to consider are: time & money. K3s will have to file for employment authorisation and adjust status. Some people are lucky and it only takes a few months while some are waiting longer for both employment authorisation and approval of adjustment of status.

Edited February 23, 2007 by misa

[MargotDarko 0]

The Choice

How do you know what will work best for you?

Is there really that much of a difference?

Can you file for both?

If so, can you do it at the same time?

At the end of the day will I regret my choice?

these are the questions that are pouring through me as I read and read and read through this forum. I feel like I do not know much more than when I started even though it is apparent that I have learned at l;east how to get started. We have filed the I-130 and now we must make the best decision for us in what visa we will apply for. I think that the IR1/CR1 seems like it may be the better option in the long run for us, but Loke is stearing for the K3 for speed. He figures that we can get more paperwork done when he arrives, but is that all there is to it?

If yes, then why does it seem as if most couples feel there is a benifit to "waiting it out"?

*sigh* I just wish I had a "Immigration for dummies" book sometimes...

Hello. It is a tough choice! We opted to wait out the CR1 visa even if the London USCIS office doesn't accept our petition (I've been resident in the UK for a while but don't have ILR yet, which is the official requirement).

If you go for the K3 visa, you would file the I-129F after you receive the first Notice of Action (NOA1) on the I-130. The K3 is a lot more money and hassle in the long run. And since CR1/IR1 visas have been coming through faster than ever before, a lot of couples have felt that the extra money and hassle would not be worth it. Some couples will be brought together several months sooner with a K3, but some couples won't experience much if any extra time together.

With the K3 visa your extra fees are as follows - $170 to file I-129F, $300 something (may change to $905 by October if fees are raised) to file Adjustment of Status, $180 or so for work authorisation (I think there may be an extra biometrics fees involved with this), and money lost by the foreign spouse by not being able to work for the first three months or more in the US. For my husband and I, this would mean a huge loss, and an even bigger loss if the new fees come into place. If you've been married less than two years, you still have to file for removal of conditions later.

With the CR1 visa (the one we're going for), we're only paying to file the I-130, for the visa itself, and for removal of conditions. Oh, and the medical of course. Plus my husband can work as soon as he finds a job in the states, and it starts his time in the states as a permanent resident much sooner so that he can be eligible to apply for citizenship sooner. With the K3, there's months of waiting and working on the Adjustment of Status before he starts the three years as a permanent resident that allow him to apply for citizenship.

The decision was made easier for us because I'm currently living with him instead of being thousands of miles apart. For couples unable to live together, I can see how the extra money and hassle might be worth it.

[John and Nora 0]

The decision was made easier for us because I'm currently living with him instead of being thousands of miles apart. For couples unable to live together, I can see how the extra money and hassle might be worth it.

I was wondering about living in the same country your spouse is. (If I read this post correct) This does not hinder the application process??? Just wondering.. Pre-thanks, John

[tiberonsuave 0]

Where does one find this new proceedure put into place in October?

t

Hi and welcome.

I know it's a tough choice, but for us, the choice was that we wanted to be reunited faster so went with a K3. It's more expensive in the long run and more forms to fill later, etc. but for us, it's worth it. We didn't want to wait out a CR-1, we just want to be together.

As for following both... things have changed a little bit. There was a new policy put in place in I think October. USCIS makes the assumption that if someone is filing for a K3, they will hold the approved I-130 instead of forwarding it to the NVC because the person will enter on a K3 and then adjust status after entry. There is a form you can file to have the approved I-130 forwarded to the NVC for processing, but no one here who has filed that form has had their petition forwarded yet. If you look at my timeline, both petitions were approved at the same time but my I-130 was retained. I didn't bother filing to have it forwarded because we just want to be reunited so I'm interviewing for a K3 next month and we'll adjust status after entry.

If you can wait it out, the CR-1 is the better choice since it is an immigrant visa and is greencard approved and you wouldn't need to worry about adjusting status after entry.

So really the things to consider are: time & money. K3s will have to file for employment authorisation and adjust status. Some people are lucky and it only takes a few months while some are waiting longer for both employment authorisation and approval of adjustment of status.

[misa 2]

Here it is: http://www.visajourney.com/forums/index.php?showtopic=42061

[MargotDarko 0]

The decision was made easier for us because I'm currently living with him instead of being thousands of miles apart. For couples unable to live together, I can see how the extra money and hassle might be worth it.

I was wondering about living in the same country your spouse is. (If I read this post correct) This does not hinder the application process??? Just wondering.. Pre-thanks, John

It won't hinder us since we're going to attempt to file with the USCIS office in London, and if they say they don't count me as a resident, I have a US address to use for filing the petition at a US service center. If you don't have a US address (like a parent or close relative who would theoretically house you and is willing to be the go between for any mail from the US service center) or a USCIS field office in your current location, the service center covering your last place of residence in the US is still required to take your petition. Be sure to fully explain in your cover letter why you've filed with a foreign address and that you're not able to file abroad - either because there's no USCIS field office there or they won't take your petition.

It's my impression that later in the process you'll have to prove you're domiciled in the US if you're filing with a US center - I think just showing you've been filing your US taxes could do it.

Edited February 23, 2007 by MargotDarko

[nyseness 0]

The Choice

How do you know what will work best for you?

Is there really that much of a difference?

Can you file for both?

If so, can you do it at the same time?

At the end of the day will I regret my choice?

these are the questions that are pouring through me as I read and read and read through this forum. I feel like I do not know much more than when I started even though it is apparent that I have learned at l;east how to get started. We have filed the I-130 and now we must make the best decision for us in what visa we will apply for. I think that the IR1/CR1 seems like it may be the better option in the long run for us, but Loke is stearing for the K3 for speed. He figures that we can get more paperwork done when he arrives, but is that all there is to it?

If yes, then why does it seem as if most couples feel there is a benifit to "waiting it out"?

*sigh* I just wish I had a "Immigration for dummies" book sometimes...

I understand your frustration. I was too at this moment but for me it was a little harder then most b/c I have been waiting forever to reunite w/my husband. However, I also chose the CR1 route. Yes it will take a little longer for us to be together but I'm a single mother and money and time is an issue. I rather spend more time apart now so when he finally comes home we can start our life w/o any immigration headaches (except for removal of conditions of course).

[Rings 10]

Thank you all so much for the information. I really want to go the CR1 route but Loke wants speed. I am also a single mother and I do see the value in the wait and the costs

[Delmoney1371 0]

For my wife and I, it's really all about our comfort level and how much we want to wait. For me, I hate waiting and I cannot stand to let something just sit when I can do something to speed up the process. I have just sent in the inital I-130 form to VSC and once I get the notification back from them, I will be sending off the I-129F (K-3) to the Chicago Lockbox.

***One Question for anyone to answer: I have copies of certain things in the application, but did anyone do "Certified, True Copies"? I didn't so I have just plain ones. Thanks in advance to anyone that can answer that one for me.

Matthew

TIMELINE

Our Steps To Being Together

29/12/06- She flies to Japan

02/14/07- We Got Married!!!

02/23/07- I-130 sent to VSC

*Right now- Awaiting NOA1 to send off the K-3

[Niels Bohr 72]

If I am approved for CR1 before K-3, then I would opt for CR1 since I don't need to file for AOS afterwards. Saves me so much money too.

[riblet 0]

Delmoney - regular copies are fine at this point.

[African Queen 0]

We chose the K3 because being apart is much too painful. Chosing is the diffcult part.

April 23, 2007 THE SUCCESSFUL INTERVIEW!