K3...CR1...differences...files...HELP!!!

[Moosker 7]

Hey everyone!

I'm currently a Canadian, engaged to an American and we're probably going to get married earlier...to get this paperwork on the move!

I've been reading all of the guides and information, but I'm still confused, so if anyone out there would like to offer up some advice or help...it'd be greatly appreciated!

I have some questions about the differences with the K3 and CR1. I know with the K3 later on you'll have to apply for AOS and obtain a EAD (by the way, how do you obtain that?) But with the CR1 you'll be allowed to work right away, etc.

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

2. Which is typically faster?!?!?

I'm just a bit confused...I'd prefer to be able to work right away...but if choosing an alternate visa would be quicker, I guess that's the way we'd like to go. So help! Anyone with some advice & direction would be greatly appreciate!!!!

THANK YOU TO ALL!!!

[Delicia 1]

I would suggest reading through the K-3 and CR-1 guides first. And review this overview.

Both visas start with the I-130 application, but that is the only similarity between the two. After you submit the I-130, you can chose to go the K-3 route which requires that you file a I-129.

[Delicia 1]

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

The CR-1 is an immigrant visa, the K-3 is not: it is a one time entry into the U.S. visa. The CR-1 gives you a conditional green card at the end of the process and the K-3 gives you the ability to come to the U.S. and live while you adjust it to a green card. The CR-1 gives work authorization at the end of the process and the K-3 does not, until you adjust it.

2. Which is typically faster?!?!?

I think the K-3 program was probably developed with the idea to reunite the family faster, but right now the CR-1 and K-3 are running about the same time to process. Some of the K-3 people can chime in on that if they like.

[Dylan'sWife 2]

If you are not already married and can marry in the US, I suggest you go the K1 route. That way you can start the paperwork today then waiting to get married and start from there.

The K1's are typically faster since there is generally less paperwork to submit prior to the interview ( marriage certificate, birth certificate, police record etc) making it less likely that something gets missed generating an RFE.

Edited January 10, 2008 by Dylan'sWife

[Autumnchik 6]

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

The CR-1 is an immigrant visa, the K-3 is not: it is a one time entry into the U.S. visa. The CR-1 gives you a conditional green card at the end of the process and the K-3 gives you the ability to come to the U.S. and live while you adjust it to a green card. The CR-1 gives work authorization at the end of the process and the K-3 does not, until you adjust it.

2. Which is typically faster?!?!?

I think the K-3 program was probably developed with the idea to reunite the family faster, but right now the CR-1 and K-3 are running about the same time to process. Some of the K-3 people can chime in on that if they like.

We actually went for the K-1 visa ... but from what I have been reading here over the months, the K-3 is a MULTIPLE entry visa. You still need to adjust status and can't work right away. Just wanted to clarify ... am I understanding that visa correctly?

[Flames9_RN 358]

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

The CR-1 is an immigrant visa, the K-3 is not: it is a one time entry into the U.S. visa. The CR-1 gives you a conditional green card at the end of the process and the K-3 gives you the ability to come to the U.S. and live while you adjust it to a green card. The CR-1 gives work authorization at the end of the process and the K-3 does not, until you adjust it.

2. Which is typically faster?!?!?

I think the K-3 program was probably developed with the idea to reunite the family faster, but right now the CR-1 and K-3 are running about the same time to process. Some of the K-3 people can chime in on that if they like.

We actually went for the K-1 visa ... but from what I have been reading here over the months, the K-3 is a MULTIPLE entry visa. You still need to adjust status and can't work right away. Just wanted to clarify ... am I understanding that visa correctly?

U are correct Autumn!!!

[trailmix 77]

You might also want to check out the Montreal timeline to interview threads:

This is the one for CR1/IR1 visas: http://www.visajourney.com/forums/index.ph...t&p=1470901

This is the one for K visas: http://spreadsheets.google.com/pub?key=pjs...HOCavn_ONGctqIg

The K visa timeline is kept up by Liz - she has a link in her signature:

http://www.visajourney.com/forums/index.php?showuser=33641

You apply for an EAD at the same time that you apply for your adjustment of status, it can take a few months to get it.

And yes autumnchik, the K3 is multiple entry:

13.6)...I just arrived in the United States as a K3, can I return to the United States with no problems using my K3 visa?

A..Yes. A K3/K4 is a multiple entry visa, and you may leave the United States and return using the same visa, even if you have applied for Adjustment of Status. Unlike a K1/K2, the K3/K4 does not need to obtain an "advance parole" document to reenter the United States, and applying for Adjustment of Status does not terminate the K3/K4 status.

http://www.visajourney.com/faq/k3k4visa-enter.html

Edited January 10, 2008 by trailmix

[Autumnchik 6]

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

The CR-1 is an immigrant visa, the K-3 is not: it is a one time entry into the U.S. visa. The CR-1 gives you a conditional green card at the end of the process and the K-3 gives you the ability to come to the U.S. and live while you adjust it to a green card. The CR-1 gives work authorization at the end of the process and the K-3 does not, until you adjust it.

2. Which is typically faster?!?!?

I think the K-3 program was probably developed with the idea to reunite the family faster, but right now the CR-1 and K-3 are running about the same time to process. Some of the K-3 people can chime in on that if they like.

We actually went for the K-1 visa ... but from what I have been reading here over the months, the K-3 is a MULTIPLE entry visa. You still need to adjust status and can't work right away. Just wanted to clarify ... am I understanding that visa correctly?

U are correct Autumn!!!

Woohoo!!! My VJ obsession finally paid off ... I learned something

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

The CR-1 is an immigrant visa, the K-3 is not: it is a one time entry into the U.S. visa. The CR-1 gives you a conditional green card at the end of the process and the K-3 gives you the ability to come to the U.S. and live while you adjust it to a green card. The CR-1 gives work authorization at the end of the process and the K-3 does not, until you adjust it.

2. Which is typically faster?!?!?

I think the K-3 program was probably developed with the idea to reunite the family faster, but right now the CR-1 and K-3 are running about the same time to process. Some of the K-3 people can chime in on that if they like.

We actually went for the K-1 visa ... but from what I have been reading here over the months, the K-3 is a MULTIPLE entry visa. You still need to adjust status and can't work right away. Just wanted to clarify ... am I understanding that visa correctly?

U are correct Autumn!!!

Woohoo!!! My VJ obsession finally paid off ... I learned something

[thermophile 0]

for us it came down to whether or not we could live on just my income for a few months while he was waiting for his EAD. we couldn't, so we went CR1. my hubby already had a SSN so was able to start looking for work about 1.5 weeks after he got here. Sounds like it's taking 2-4 weeks for people that don't have their SSN to get it. so 1 month out of work vs. 3 or 4?? if you need to get an EAD first.

[frustrated1 0]

Having gone through this process recently as a Canadian, my advice would be to stick to the CR-1 via I-130 only. we applied for both I-130 and I-129. both were approved at the same time but unknown to us, my I-130 was held despite the approval notice that was sent to me. it was never sent to NVC even though the approval notice said it was. USCIS told us this later when we questioned them. therefore, we pursued I-129 which gives you absolutely nothing except a visa to get into the country which canadians don't have an issue with anyways. now i'm stuck with re-applying for an entire new application - the AOS with a horrible price tag attached to it not to mention a whole new set of paperwork which I've already done twice. this could have been avoided if we abandoned I-129. this is my opinion only but I would have to say that I-129 is a useless petition for Canadians.

[Marilyn. 340]

1. I guess I"m a little confused as to what paperwork goes with each of these visas? I'm seeing that for both the K3 and CR1 you're applying for the I-130. So what makes one give you the ability to work asap and the other not?

The CR-1 is an immigrant visa, the K-3 is not: it is a one time entry into the U.S. visa. The CR-1 gives you a conditional green card at the end of the process and the K-3 gives you the ability to come to the U.S. and live while you adjust it to a green card. The CR-1 gives work authorization at the end of the process and the K-3 does not, until you adjust it.

2. Which is typically faster?!?!?

I think the K-3 program was probably developed with the idea to reunite the family faster, but right now the CR-1 and K-3 are running about the same time to process. Some of the K-3 people can chime in on that if they like.

actually the K3 visa is a multi-entry visa that is good for 2 years... you can come and go from the US with the K3....

oops, someone already mentioned this

Edited January 10, 2008 by MarilynP

[Delicia 1]

Mybad, for some reason, my brain was confusing K-1 with K-3. K-1 is a one time entry visa, no? K-3 is a multiple.

(I will just go back to surfing the channels on my new tv)

[Moosker 7]

Having gone through this process recently as a Canadian, my advice would be to stick to the CR-1 via I-130 only. we applied for both I-130 and I-129. both were approved at the same time but unknown to us, my I-130 was held despite the approval notice that was sent to me. it was never sent to NVC even though the approval notice said it was. USCIS told us this later when we questioned them. therefore, we pursued I-129 which gives you absolutely nothing except a visa to get into the country which canadians don't have an issue with anyways. now i'm stuck with re-applying for an entire new application - the AOS with a horrible price tag attached to it not to mention a whole new set of paperwork which I've already done twice. this could have been avoided if we abandoned I-129. this is my opinion only but I would have to say that I-129 is a useless petition for Canadians.

Wow, sorry to hear you've had quite the rough time with the government & paperwork!!! Seems like randomly you will come across a situation such as yours....Thanks for the excellent advice!

From what I understand for a K3 you apply for the I-130, then the I-129F (personally it's all just a bit confusing!)

So you would recommend getting married, then only applying for the I-130 (CR1) and waiting for it get approved from there?

[Delicia 1]

So you would recommend getting married, then only applying for the I-130 (CR1) and waiting for it get approved from there?

That would be the route I would go and currently am on.

[Moosker 7]

So you would recommend getting married, then only applying for the I-130 (CR1) and waiting for it get approved from there?

That would be the route I would go and currently am on.

Alright, so I just read that on the CR1 visa while the application is in and you're waiting...I read that you can't visit the U.S. during that time?!?!? Is this true or is someone on that forum a little confused about their information? Eek!