CR-1??? OR K3???

[cieloazul 0]

Hello All,

If filing the IR1/CR1, should the applicant file I-130s (along with the $355 processing fee) for each child who will accompany the beneficiary? Should this be done at the same time the I-130 is filed for the spouse?

Under the K3 visa, the children have derivative status so they automatically are included as K4s as long as they are listed on the I129f application. Once they arrive in the US, the I130 can be filed along witht he adjustment of status for around $1000 per person. If the I-130s for the children are filed after the I-130/I-129f have been filed for the spouse, would that delay the K3 processing?

If the processing time is extended by 2-3 months at the NVC for the IR1/CR1 vs. the K3, then I would rather pay the additional fees and be reunited with my wife and children earlier.

[Chris Parker 11]

If filing the IR1/CR1, should the applicant file I-130s (along with the $355 processing fee) for each child who will accompany the beneficiary? Should this be done at the same time the I-130 is filed for the spouse?

Under the K3 visa, the children have derivative status so they automatically are included as K4s as long as they are listed on the I129f application. Once they arrive in the US, the I130 can be filed along witht he adjustment of status for around $1000 per person. If the I-130s for the children are filed after the I-130/I-129f have been filed for the spouse, would that delay the K3 processing?

If the processing time is extended by 2-3 months at the NVC for the IR1/CR1 vs. the K3, then I would rather pay the additional fees and be reunited with my wife and children earlier.

Immediate Relative visa petitions (spouse,minor children/stepchildren, and parents of U.S. citizens) do not provide additional visas for "derivatives." Each visa applicant needs a separately approved petition in order to receive a visa. I-129F petitions for K1 and K3 nonimmigrant visas, on the other hand and as you are aware, do provide for derivatives and that is why only one petition is needed. (actually, in the case of a child over age 18, he/she cannot be petitioned for by the U.S. citizen but can nevertheless qualify for a K2 or K4 visa, and in the case of a K2 visa when the parent actually married the U.S. citizen petitioner within 90 days of entry with the K1 visa, the child also can qualify for adjustment of status on that basis alone).

Most other types of immigrant visas (lottery,employer-sponsored,family-preference,refugee) do allow for derivatives to be included in the same petition, and that is why there is that confusing space in line 17 on the I-130 petition to list children of the beneficiary. For IR1/CR1 petitions, only the named principal on page 1 can apply for a visa based on the petition approval. For children of the principal to receive a visa, they must have separate petitions approved as the "stepchildren" of the U.S. citizen and qualify on that basis alone.

I hope that helps answer your question.

Edited March 11, 2008 by Chris Parker

[ButterBoy 0]

Sorry to barge in on this post but on average from start to finish of a cr1 (filing the I-130 to the time a visa is issued) how long will it acually take. Take into account all the required paper work is filed correctly, in a very timely manner and payments made when requested. I know it can be different for each case....I am getting married April 7th to my love in the Phillipines and we are going to go the CR1 route. I have read and read till I am blue in the face and my butt is tired from sitting and I still cant figure this out. Thank you and sorry if this looks like a hijack attempt...its not. I think the OP did ask this question.

[MsZ 6]

Sorry to barge in on this post but on average from start to finish of a cr1 (filing the I-130 to the time a visa is issued) how long will it acually take. Take into account all the required paper work is filed correctly, in a very timely manner and payments made when requested. I know it can be different for each case....I am getting married April 7th to my love in the Phillipines and we are going to go the CR1 route. I have read and read till I am blue in the face and my butt is tired from sitting and I still cant figure this out. Thank you and sorry if this looks like a hijack attempt...its not. I think the OP did ask this question.

do a search on CR1 timelines and get an idea of how long it is taking for your circumstances -- figure out who would process you - California or Vermont - based on where you live, and look at your fiance's country and you'll find out what the recent trend has been.

[ButterBoy 0]

Ok I did a cearch and it say this Philippines 51 23 28 208 ......so its 208 day between NOA 2 and interview and 20 days for first NOA and between NOA1 and NOA2 149 for a grand total of 377 days? How long after that can she have her visa?

[warwick8 0]

If you check our timeline, we were supposed to go the CR1 route because our I130 was approved earlier than expected and the I129 was taking a loong time to approve. But Cr1 takes longer to process until our I129 caught up with it last December so we decided to go that route. I had my K3 interview already and until now our CR1 is still not completed.

Although Cr1 takes longer, it has more advantages than the K3 like getting a conditional green card as soon as your fiancee arrives. But you both have to weigh which is more important for you, to be together ASAP or to wait maybe 2months to a year longer for those benefits.

[trinket 30]

do a search on CR1 timelines and get an idea of how long it is taking for your circumstances -- figure out who would process you - California or Vermont - based on where you live, and look at your fiance's country and you'll find out what the recent trend has been.

Hello,

I am just wondering how to figure that out, I did go through the guides and all the readings but seems I have missed that part.

If it helps my husband(petitioner) lives in Indiana.

I do gather that Vermont is faster.

Thanks

[Martiniolive 0]

Now I am confused LOL. With a stand alone I-130 Cr1 visa doesn't the applicant/USC still have to file an adjustment of status before 2 years of entry?

[Chris Parker 11]

Now I am confused LOL. With a stand alone I-130 Cr1 visa doesn't the applicant/USC still have to file an adjustment of status before 2 years of entry?

No adjustment of status when you enter with an immigrant visa (standalone I-130 spousal visa CR1/IR1).

Perhaps you are getting confused with removal of conditions, which is supposed to be filed jointly with USC spouse at the 2 year anniversary of the entry with an CR1 immigrant visa.

Edited March 17, 2008 by Chris Parker

[Niels Bohr 72]

Find out how fast the CR1 process is in your country. If it's faster than K3 than go for it. K3 is known to be faster though.