Want a K3 - getting a CR1. Advice?

[Zaphod 0]

Hi folks

I am the British husband of an American citizen. We are in the process of getting me a K3 visa. Somehow we weren't aware of the requirement to file the I-129F after the I-130.

We are now at the stage of having been assigned a preference category CR1 and a preference date of 11FEB05 - which, based on estimates of the visa bulletin archive will be a several year delay to get an immigrant visa when all I want to do is go over to the US for a year to 9 months!

So - any advice on what my options are? At this point we're seriously considering abandoning the whole thing (after MUCH time and expense ), me heading over there on the non-visa waiver for 3 months (would I be allowed in with the visa process running in the background?) and initiating proceedings to bring her over here.

Is it possible at this late stage to file an I-129F and change to a K3?

Any advice welcome

[aussiewench 9]

There is no preference dates. If you are married to a USC and have filed the I-130, depending on which service center you have filed through, no major hiccups like being held up in security, and on how long it takes to get the interview, you should have your CR-1 within a year.

Which service center did you file through? Have you been approved at the service center? Is the petition at NVC? Need to know these answers before can reply as to whether it is too late for you to file the I-129F. I-130 are moving relatively fast nowadays. We filed our I-130 with vermont on the 8 Oct 2005 and got case complete on 4 April 2006 and have an interview 5 June 2006 (see my timeline) Thats 7 months and we procrastinated along the way

Supply a little more info and we may be able to advise you further as to where you stand with this.

Edited May 6, 2006 by aussiewench

[Zaphod 0]

There is no preference dates. If you are married to a USC and have filed the I-130, depending on which service center you have filed through, no major hiccups like being held up in security, and on how long it takes to get the interview, you should have your CR-1 within a year.

Which service center did you file through? Have you been approved at the service center? Is the petition at NVC? Need to know these answers before can reply as to whether it is too late for you to file the I-129F. I-130 are moving relatively fast nowadays. We filed our I-130 with vermont on the 8 Oct 2005 and got case complete on 4 April 2006 and have an interview 5 June 2006 (see my timeline) Thats 7 months and we procrastinated along the way

Supply a little more info and we may be able to advise you further as to where you stand with this.

Whoops, "preference date", I meant "priority date"...

The I-130 was filed the best part of a year ago. Since then I have filled out, and returned a DS-230, and my wife has filled and returned an I-864.

The most recent development was just a couple of days ago when I recieved a letter stating that:

"The National Visa Center has completed its processing of your case and forwarded your file to the designated American Embassy/Consulate (London)" and advising not to contact them to find out when I will recieve an interview, which will not be until my case's priority date is eligible

As I understand it the priority date doesn't apply to K3 (is that correct?), but this letter specifies a preference category of CR1, priority date of 11 FEB 2005, and provides a URL for an visa bulletin (an out of date one, no less!), and my understanding based on what I see in the bulletins is that I would fit into a category "Family 2A"/"All chargeability areas except those listed" which is presently showing a processing date of 01 MAR 02.

Apologies if I'm not presenting this as clearly as it could be, I'm slightly bewildered by the whole process... I really appreciate your taking the time to help out here though

[aussiewench 9]

You are way past the filing of an I-129F being useful Congratulations

Edited May 6, 2006 by aussiewench

[aussiewench 9]

Just checked my letter from NVC on completion of my case and the same wording is there. I remember now it worried my USC hubby when he got it lol Just ignore the part where it says 'not to contact them to find out when I will recieve an interview, which will not be until my case's priority date is eligible' You are automatically eligible and there is no priorty date. Now you wait for packet 4 from the consulate which will contain your interview date, medical forms and instructions, police certificate info etc. Congrats

Check the timelines for the UK in the Immigration Timelines link at the top of the page to find out an approx wait time for interview. It shouldnt be too far away in the UK.

Edited May 6, 2006 by aussiewench

[Zaphod 0]

You are way past the filing of an I-129F being useful Congratulations

Your USC wife was born in the US/naturalized?

Yeah, she's born American

Everyone else on this forum seems scarily clued up, and I realise I must sound like a complete idiot wading in with questions like these, but it all seemed so clear and straightforward until very recently... Thanks for not laughing too much, at least

[edit] whoops, didn't notice your second post... woohoo! some good news at last!

Edited May 6, 2006 by Zaphod

[aussiewench 9]

Nope you are definately not an idiot This process as well as wording on various standard letters, emails etc from the various departments can be confusing. You have done well if you got this far without a lawyer or assistance from groups such as VJ.

Yeah, she's born American

Everyone else on this forum seems scarily clued up, and I realise I must sound like a complete idiot wading in with questions like these, but it all seemed so clear and straightforward until very recently... Thanks for not laughing too much, at least

[edit] whoops, didn't notice your second post... woohoo! some good news at last!

You guys are going to be reunited before you know it now ...........exciting aye

I have my interview set for 5 June and I am over the moon I havent seen my hubby since 4 April 2005

[Zaphod 0]

Nope you are definately not an idiot This process as well as wording on various standard letters, emails etc from the various departments can be confusing. You have done well if you got this far without a lawyer or assistance from groups such as VJ.

Yeah, she's born American

Everyone else on this forum seems scarily clued up, and I realise I must sound like a complete idiot wading in with questions like these, but it all seemed so clear and straightforward until very recently... Thanks for not laughing too much, at least

[edit] whoops, didn't notice your second post... woohoo! some good news at last!

I can't thank you enough for giving me my hope back!

Earlier today I was in a state of utter despair, thinking that the whole thing was a write off and we were back to square one with less hope than ever of seeing my wife again any time soon (that, btw, is largely why I'm posting to a web forum at almost 6 in the morning), and now here I am, and the whole landscape's shifted under my feet yet again. I should probably go and get some sleep now, but I really can't thank you enough for putting my mind at ease.. I should've come here months ago!

[aussiewench 9]

You are very welcome I have been a member here since June 2005 and I dont know what I would of done without it lol gone insane probably. The support network and info here is beyond wonderful. Remember too that there is lots of info and support here too for after you get the CR-1 eg removing conditions, and just general info with things so dont be a stranger. Now go get some sleep. Wishing you and your family all the best

Edited May 6, 2006 by aussiewench

[meauxna 15]

Hi folks

I am the British husband of an American citizen. We are in the process of getting me a K3 visa. Somehow we weren't aware of the requirement to file the I-129F after the I-130.

We are now at the stage of having been assigned a preference category CR1 and a preference date of 11FEB05 - which, based on estimates of the visa bulletin archive will be a several year delay to get an immigrant visa when all I want to do is go over to the US for a year to 9 months!

So - any advice on what my options are? At this point we're seriously considering abandoning the whole thing (after MUCH time and expense ), me heading over there on the non-visa waiver for 3 months (would I be allowed in with the visa process running in the background?) and initiating proceedings to bring her over here.

Is it possible at this late stage to file an I-129F and change to a K3?

Any advice welcome

hiya,

Looks like AW cleared up a few things buuuuut..

What is your plan?

You say here that you only want to come to the US for less than a year, and that your wife is going to immigrate to the UK?

Did you realize that you are immigrating to the US? The reason the process is so long and expensive is because it's the Ultimate Option---one for a long-term move to the US.

If you share a bit more about what your desired outcome is, there may be better things for you to explore.

You are getting close to getting called for an interview--have you prepared any of the docs you'll need for that? I think there is more to the story--best for you to study up ahead of time now, so that you get what you want!

[Zaphod 0]

Hi folks

I am the British husband of an American citizen. We are in the process of getting me a K3 visa. Somehow we weren't aware of the requirement to file the I-129F after the I-130.

We are now at the stage of having been assigned a preference category CR1 and a preference date of 11FEB05 - which, based on estimates of the visa bulletin archive will be a several year delay to get an immigrant visa when all I want to do is go over to the US for a year to 9 months!

So - any advice on what my options are? At this point we're seriously considering abandoning the whole thing (after MUCH time and expense ), me heading over there on the non-visa waiver for 3 months (would I be allowed in with the visa process running in the background?) and initiating proceedings to bring her over here.

Is it possible at this late stage to file an I-129F and change to a K3?

Any advice welcome

hiya,

Looks like AW cleared up a few things buuuuut..

What is your plan?

You say here that you only want to come to the US for less than a year, and that your wife is going to immigrate to the UK?

Did you realize that you are immigrating to the US? The reason the process is so long and expensive is because it's the Ultimate Option---one for a long-term move to the US.

If you share a bit more about what your desired outcome is, there may be better things for you to explore.

You are getting close to getting called for an interview--have you prepared any of the docs you'll need for that? I think there is more to the story--best for you to study up ahead of time now, so that you get what you want!

Thanks for your reply,

I've got the documents ready for the interview, read up on that a while back, but.. as you say, a full immigration visa seems rather overkill for what we want to do. My wife and I don't really intend on settling down in the US permanently, We just want to spend some time there while she deals with some family issues, and a few other things - but it wouldn't be for more than a couple of years at the most, though I would need to be able to work.

Does it seem like a full immigration visa is too much for this? We'd intended to apply for the non-immigrant visa, but from what I gather now, we're almost there with the process, and the only real difference in terms of how it affects us is that I'll be able to work immediately on the immigrant visa, rather than having to file more paperwork.

Are there any major downsides to getting the immigrant visa that I'm not missing?

[edited for clarification]

Edited May 8, 2006 by Zaphod

[meauxna 15]

Hi folks

I am the British husband of an American citizen. We are in the process of getting me a K3 visa. Somehow we weren't aware of the requirement to file the I-129F after the I-130.

We are now at the stage of having been assigned a preference category CR1 and a preference date of 11FEB05 - which, based on estimates of the visa bulletin archive will be a several year delay to get an immigrant visa when all I want to do is go over to the US for a year to 9 months!

So - any advice on what my options are? At this point we're seriously considering abandoning the whole thing (after MUCH time and expense ), me heading over there on the non-visa waiver for 3 months (would I be allowed in with the visa process running in the background?) and initiating proceedings to bring her over here.

Is it possible at this late stage to file an I-129F and change to a K3?

Any advice welcome

hiya,

Looks like AW cleared up a few things buuuuut..

What is your plan?

You say here that you only want to come to the US for less than a year, and that your wife is going to immigrate to the UK?

Did you realize that you are immigrating to the US? The reason the process is so long and expensive is because it's the Ultimate Option---one for a long-term move to the US.

If you share a bit more about what your desired outcome is, there may be better things for you to explore.

You are getting close to getting called for an interview--have you prepared any of the docs you'll need for that? I think there is more to the story--best for you to study up ahead of time now, so that you get what you want!

Thanks for your reply,

I've got the documents ready for the interview, read up on that a while back, but.. as you say, a full immigration visa seems rather overkill for what we want to do. My wife and I don't really intend on settling down in the US permanently, We just want to spend some time there while she deals with some family issues, and a few other things - but it wouldn't be for more than a couple of years at the most, though I would need to be able to work.

Does it seem like a full immigration visa is too much for this? We'd intended to apply for the non-immigrant visa, but from what I gather now, we're almost there with the process, and the only real difference in terms of how it affects us is that I'll be able to work immediately on the immigrant visa, rather than having to file more paperwork.

Are there any major downsides to getting the immigrant visa that I'm not missing?

[edited for clarification]

Ah, well now it's up to a couple of years, and you want to work. You're actually doing the only visa that will do you any good. *I* do not think it is overkill to get an immigrant visa at this point. The K-3 would've actually been a no-starter in your situation since it is designed to bridge you to the same result as an immigrant visa. It reads as if you have a good understanding now of the benefit of IV vs NIV and there are no major (or even minor) downsides to your IV plan.

You'll find getting a running start at life here will be soooooo much easier as a Permanent Resident (your status after you enter with the IV). Your Green Card and Social Security card will be mailed to you within a month and you will have a legal status that almost everyone understands (unlike the various NIVs).

So, back to your original concern: when can I get out of here?!

You're now almost in the queue for an Immigrant Visa interview appointment. London should be contacting your shortly with a list of the other documents you need. You can get a jump on that by finding the list here and getting organized. You will need a police certificate (most time consuming) and copies of your military record etc. Start organizing your internet banking at home now and figuring out how to manage your ties in the UK while you are away. With a little preplanning, I find it's easy to be away for long stretches of time now--much easier than the olden days when we had to carry our money around with us (no ATMs).

OK, you get your letter from London and return immediately. From that point, the wait for an interview depends on how many people are in line in front of you (I'm thinking 6 or so weeks, but I haven't checked lately). I suggest that you find the London CR-1 interview thread here and follow the people there. They are doing the same thing as you and can provide more specific details.

One far-thinking idea: After 2 years, 9 months as a PR/Permanent Resident (and some other important details) you may be eligible to apply for US citizenship. That process takes about another 6 months to complete. Once you are a US citizen (and yes, you can be a dual and keep your UK citz), you will have the ultimate travel freedom as far as living in the US -or- anywhere your UK citz will let you in (ie much of Europe). This is the route my UK spouse is taking (waiting on his interview now) as we put off a couple of travel ideas so we could reach this goal. It kept us close to home for a short time, but the payoff will be priceless. If you wind up in the US for close to 2 years, you should really consider this idea. (ie stay a bit longer to get the USC)

Hope that helps and you now have an idea of where you're at in the process. While you are not prohibited from visiting the US between now and visa, know that travel may impact your security checks later in the process (not usually a big concern) and that you will have to show strong ties to the UK should the border agent ask you. But, there is no reason you should not visit your wife if she's in the US (I thought she was there with you).

Keep us posted!

m