Decision time

[Brankster 0]

I am the guy who made the mistake of returning to to the UK without AP so i have been informed that i do need another visa, i was told by the consulate that they would hurry my application along as my ciscumstances are bad, they told me to get a K-1, is this the best bet? My wife has filled in the i-130 and i will fill in my part tonight and she has another couple of forms to fill in and hopefully get it away tomorrow, They sai it should take 3 months, i really hope so as 3 months aint that bad really.

Any advice would be welcome. I will apply for another police report tomorrow also as that was the part that is the longest to get.

Brian

[lubezee 0]

I read about what happened to you guys, i am so sorry!

The differance between the CR1 and K3 timewise, is if you apply for the CR1 you have to wait for everything to go through the NVC, which could add an average of 2 or 3 months (just a guess-timate, you might want to research this) to your wait outside of the US. However when you enter the US you will not have to wait for work authorisation, as you will be entering on a green card which is valid for work.

If you apply for the K3 you are allowed to enter the US to adjust status. ( like you were in the process of doing).

If you enter on the K3 you are not permitted to work and have to apply for EAD , but wont need advance parole, as a K3 is a multiple entry visa :-)

The K3 can only be done once you have a NOA1 for the I130.

So i guess the consulate said that you should go the K3 route because it will get you back in the US quickest (supposedly).

Our K3 visa and I130 application were both approved after 6 months (this is longer than average though), that was in May 2007, my interview at the consulate was end of June 2007 and my flight into the US early July 2007.

Our adjustment of status was filed end of July 2007 and I received my greencard the end of December 2007.

So it depends on your circumstances- whether you need to earn an income or whether you need to be with your spouse, this is what really will determine which route you should follow.

Good luck!

Edited January 5, 2008 by lubezee

[Dylan'sWife 2]

I am the guy who made the mistake of returning to to the UK without AP so i have been informed that i do need another visa, i was told by the consulate that they would hurry my application along as my ciscumstances are bad, they told me to get a K-1, is this the best bet? My wife has filled in the i-130 and i will fill in my part tonight and she has another couple of forms to fill in and hopefully get it away tomorrow, They sai it should take 3 months, i really hope so as 3 months aint that bad really.

Any advice would be welcome. I will apply for another police report tomorrow also as that was the part that is the longest to get.

Brian

They told you to get a k1? That is for people that are not married. Are you sure you do not mean a K3?

The consulate can not say how long the USCIS will take to approve a petition (an I-129f or I-130). Perhaps they meant that your wife comes to the UK and goes to the consulate so you can direct consular file for an I-130?

[desert_fox 32]

What it means is that after your spouse submits the I-130 to the USCIS, she should also submit an I-129F for a spousal K-3 visa (no extra cost), and see which gets approved and sent to London first.

[DavidsPrincess 1]

You should really talk to the consulate about direct consular filing. You may be eligible (not certain you might want to do some reading on this before you talk to them). This would be the quickest way to get back into the US and you would come already with a greencard.

Go here and scroll to the bottom.

[~Laura and Nick~ 5]

They told you to get a k1? That is for people that are not married. Are you sure you do not mean a K3?

The consulate can not say how long the USCIS will take to approve a petition (an I-129f or I-130). Perhaps they meant that your wife comes to the UK and goes to the consulate so you can direct consular file for an I-130?

I think he meant K3 but typed K1 instead...just a typo.

Just wanted to say best of luck to you!!!!

The CR-1 visa is by far the superior visa but the K3 will probably get you there quicker.

[Liebi 0]

You should really talk to the consulate about direct consular filing. You may be eligible (not certain you might want to do some reading on this before you talk to them). This would be the quickest way to get back into the US and you would come already with a greencard.

Go here and scroll to the bottom.

???

He does not meet the requirements for DCF, as his USC spouse does not reside in his home country.