IR-1/CR-1 versus K-3?

[christinejohn 0]

First of all I want to thank all the people who take the time to answer our questions.

My husband and I are going thru the K-3 process but we are wondering if we need to make a different application for the IR-1/CR-1 because we noticed that soemtimes it can be aprouved faster but also that the fees are so much better when it comes to AOS! Also, we can get the green card right away... Can ayone walk me thru this because we got a bit lost... Thanks!

[YuAndDan 153]

CR-1/IR-1 takes a bit longer to process than K-3, is cheaper (NO AOS ($1010)) and results directly in a Green-Card upon entry on the (IMMIGRANT CR-1/IR-1) visa. K-3 is NON-Immigrant and requires either returning to foreign country for CR-1/IR-1 visa interview, or adjustment of status.

K-3 cannot work upon entry, they need to file for EAD (up to 90 days to get) CR-1 get the green-card allowing work without EAD.

Now that the fee for AOS has gone from $395 to $1010, the and the processing time for the CR-1 is lowere than it used to be, the K-3 is not very attractive.

Lawyers love the K-3, for the added fee to file I-129F, and later they can charge fees for AOS.

Edited August 13, 2007 by YuAndDan

[christinejohn 0]

Thank you for the explanation, though I still wonder if since we have already applied for K-3 we still apply as well at the same time for IR-1/CR-1? If by applying for I-129F thru the K-3, without paying the extra fee, can we choose one or the other in the end?

[Credzba 0]

Thank you for the explanation, though I still wonder if since we have already applied for K-3 we still apply as well at the same time for IR-1/CR-1? If by applying for I-129F thru the K-3, without paying the extra fee, can we choose one or the other in the end?

If you want to go straight I-130 you need to stop your lawyer from filing the i-129f.

Starting in 2006 the USCIS decided that if it gets to noa2 and finds you have filed a i-129f it will not forward the I-130 to NVC, on the expectation the K3 will be faster and they will just hold your I-130 for AOS.

This was intended to stop the nvc from processing 2 applications when only 1 would get used. (I think)

So, quick, if you want to go I-130 then stop your lawyer .

[michael_nc 0]

Thank you for the explanation, though I still wonder if since we have already applied for K-3 we still apply as well at the same time for IR-1/CR-1? If by applying for I-129F thru the K-3, without paying the extra fee, can we choose one or the other in the end?

If you want to go straight I-130 you need to stop your lawyer from filing the i-129f.

Starting in 2006 the USCIS decided that if it gets to noa2 and finds you have filed a i-129f it will not forward the I-130 to NVC, on the expectation the K3 will be faster and they will just hold your I-130 for AOS.

This was intended to stop the nvc from processing 2 applications when only 1 would get used. (I think)

So, quick, if you want to go I-130 then stop your lawyer .

Crezba....If this started in 2006 and USCIS decided that if your I-130 gets to NOA2 and finds out that you filed a I-129F, it will not forward the I-130 to NVC....Then what happened to me?...I filed both at the same time...both petitions reached CSC at the same time...and my I-130 reached NOA2..I'm pretty sure they knew I filed both...It's written on both petitions..But you know what?...They FORWARDED my I-130 to NVC...They didn't hold my I-130 for AOS..and they haven't touched my I-129F in over 2 months...Explain that?...But the way I see it, they saved me a lot of aggrevation, time and money..($1,010.00 for AOS) It's impossible to explain why...Just like the people here who filed

for K-3 near the same time I did, and had BOTH petitions approved on the SAME day..

[Dakine 26]

Already posted this but here it is again!

Gold Member

Group: Members

Joined: 1-November 05

Filed for: Removing Conditions

N/A

Local Office: Honolulu

Country: Philippines

My Timeline

My Photos

K3s [LIFE ACT] were originally designed to reunite married couples quicker as it used to take a LONG time to do a CR.

That's seemed to changed recently.

To me K3s are a joke now.

No guarentee you'll get a GC after you get here as you have to adjust status and "can" be denied.

Doesn't happen much from what I've seen but K3s can be deported after being denied adjusting status.

No GC! No SSN until you get AOS approval. Not to bad not having the GC. Not having SSN was a pain in the butte.

LOTS of things you can't do without SS card.

CRs gets GC and SSN in the mail shortly after arrival in the US and can work or leave and return to US right away.

Doesn't happen to often but the Immigration officier at our AOS interview removed the I-94 from wife and childs PP and told us they'd have to get AP if they wanted to leave and return to the US!

I had thought K3 was OK for multiple entry for 2 years or until you got the GC. "Wrong" in our case.

Thank god an emergency back home didn't pop up.

CRs don't have AOS biometrics. AOS interview. and NO $1010 to do AOS.

K3s "may" not get GC or SSN for MONTHS. Like some have taken over a year if there are problems with AOS.

Some marriages don't work out and it can be a problem for a K3 adjusting status.

Happens more than you think.

CRs have at least until they apply for condition removal [21 months from GC date.] before having to worry about anything.

IRs don't ever have to do anything but notify USCIS of address changes. Apply for USC in 33 months if they want or reup GC in ten years.

We did K3/K4 over 2 years ago when the CRs were a lot slower.

Cost us a lot of money, sweat and and time lost working {$s} to do the AOS.

It was worth it at the time as my wife and daughter got here a lot sooner.

Looks like it is a different story now unless the processing time for CRs goes up again.

Obviously you can screw either tho if not filed properly tho.

I don't know much about Jame's trip.

But if it works and saves time I wouldn't even think about doing a K3 at this time.