DOES IT MAKE SENSE TO ABANDON K3 FOR CR-1?

[YOUTOO 2]

Two years ago my ( now ) wife was refused entry at Atlanta airport and sent back to Tokyo. So, I moved to Japan, we got married. My U.S. lawyer filed an I-130 in Apr '07 which was approved Sep 6,'07. Then he filed a 129F and thru the web I can see that USCIS on Oct 3 confirms receipt of Sep 12, '07. Looking at current processing times it states that applications dated Jun 18, '07 are being processed. This means at least another three more months, if USCIS does not slow down again. Should we try to go for a CR-1? All paperwork is in Vermont now. Plus, another problem, her daughter will get married in Las Vegas in April. We are afraid they will not let her in under the visa waiver program, so we think of applying for a visitor visa. Not sure, how that will work out, but is that a potential problem for our K-3/CR-1 situation? Looked everywhere, can't find an answer. Hope you knowledgeable people here can help. Thanks.

[Gaby&Talbert 1]

Two years ago my ( now ) wife was refused entry at Atlanta airport and sent back to Tokyo. So, I moved to Japan, we got married. My U.S. lawyer filed an I-130 in Apr '07 which was approved Sep 6,'07. Then he filed a 129F and thru the web I can see that USCIS on Oct 3 confirms receipt of Sep 12, '07. Looking at current processing times it states that applications dated Jun 18, '07 are being processed. This means at least another three more months, if USCIS does not slow down again. Should we try to go for a CR-1? All paperwork is in Vermont now. Plus, another problem, her daughter will get married in Las Vegas in April. We are afraid they will not let her in under the visa waiver program, so we think of applying for a visitor visa. Not sure, how that will work out, but is that a potential problem for our K-3/CR-1 situation? Looked everywhere, can't find an answer. Hope you knowledgeable people here can help. Thanks.

The Lawyer should have filed the I-129f as soon as you had your NOA1 for your I-130 and it would have taken some time off your schedule. You will need to find out from your lawyer if you even have the option to change to a CR1 if you applied for the K3.

[edp333 9]

Youtoo, you have a unique, but very good scenario here. If the USCIS does not stop action on your K3, then it may be possible both could end up at the Embassy/Consulate. I would suggest pursuing the CR1 visa and hope the USCIS approves the K3. It has been USCIS policy to stop processing the K3 when the CR1/AR1 is approved, but they always seem to not follow policy at times.

If both petitions end up at the Embassy you can have several choices. 1. K3 interview is before CR1 interview you can request K3 interview be replaced with CR1. 2. If CR1 petition arrives after K3 is approved you may fly back to Japan for CR1 interview rather than adjusting status. 3. If CR1 arrives at Embassy first you will be better off with an immgrant visa over a K3 (non-immigrant visa).

You do not state how far along your I-130 is at the NVC, but at 4 months you should be within a couple of months of petition being completed.

[YOUTOO 2]

You do not state how far along your I-130 is at the NVC

I AM NOT SURE HOW TO ANSWER THIS, BUT USCIS INFORMED ME SEP 6, 2007 THAT THE I-130 PETITION

HAS BEEN APPROVED. IS THERE STILL SOMETHING ELSE I AM NOT AWARE OF?