Enter on K-3, wait for I-130, return to home country for CR-1?

[cyberdeep 0]

An I-130 was just submitted for my wife in India to start her K-3 visa process. I have a question about whether the following is possible:

1. Obtain and enter US on K-3 visa

2. Don't file for Adjustment of Status. Wait for I-130 approval and subsequent forwarding to US consulate in India for CR-1 interview.

3. Return to India for CR-1 interview

4. Re-enter US on CR-1 to obtain the green card.

I apologize if this has been asked before. Been scouting the forums for a while and haven't been able to get an answer.

Thanks!

[sydkym 0]

If you get a K-3 visa, you cannot also get a CR-1. It´s an either/or situation. I think if you don´t file for AOS, the visa expires and is revoked.

Also, lately, I-130s are being approved BEFORE K-3s, so that will totally change your idea as well.

[cyberdeep 0]

If you get a K-3 visa, you cannot also get a CR-1. It´s an either/or situation. I think if you don´t file for AOS, the visa expires and is revoked.

Also, lately, I-130s are being approved BEFORE K-3s, so that will totally change your idea as well.

Thanks for your response. It does appear that I-130s are being approved before K-3s but it seems NVC is going to take 183 days to process the I-130 before forwarding to the consulate as opposed to 6 days for the I-129F. This means obtaining an IR-1 will take ~6 months longer than the K-3...hence the thought above but I guess it's a no-go.

According to the latest post by the CSC for processing times as of May 15, 2008 it seems they are processing I-485 from Sept 8. 2006...that's 20 months ago! So obtaining a green card by entering on a K-3 with subsequent asjustment of status will take 1.5 to 2 years *sigh*

[pbgirl 1]

If you get a K-3 visa, you cannot also get a CR-1. It´s an either/or situation. I think if you don´t file for AOS, the visa expires and is revoked.

Also, lately, I-130s are being approved BEFORE K-3s, so that will totally change your idea as well.

I'm not sure this is correct. When I was doing the K3 for my husband, we also were thinking of having him return to India for the CR1 interview while entering on the K3. There were no restrictions at that time. Only to keep the I130 "alive" by continuing to pay all the fees and filling out the associated paperwork.

Its not an either/or situation. Because if you don't file for AOS, your K3 is valid for 2 years, more than enough time for the CR1 to go through.

If you are still interested in doing this, I would check it out a bit more. You can always email the Delhi/Mumbai embassy and see what they say.

Edited May 25, 2008 by pbgirl

[cyberdeep 0]

If you get a K-3 visa, you cannot also get a CR-1. It´s an either/or situation. I think if you don´t file for AOS, the visa expires and is revoked.

Also, lately, I-130s are being approved BEFORE K-3s, so that will totally change your idea as well.

I'm not sure this is correct. When I was doing the K3 for my husband, we also were thinking of having him return to India for the CR1 interview while entering on the K3. There were no restrictions at that time. Only to keep the I130 "alive" by continuing to pay all the fees and filling out the associated paperwork.

Its not an either/or situation. Because if you don't file for AOS, your K3 is valid for 2 years, more than enough time for the CR1 to go through.

If you are still interested in doing this, I would check it out a bit more. You can always email the Delhi/Mumbai embassy and see what they say.

Thanks pbgirl...I will go find out from the embassy.

What was the reason you did not pursue this possible option and instead went with AOS?

[sydkym 0]

If you follow the shortcuts posted on this site, it doesn´t take more than 30-45 days for the NVC now. We´re at 19 days and almost done. Don´t bother watching the USCIS processing dates--they never match what actually happens.

Thanks for your response. It does appear that I-130s are being approved before K-3s but it seems NVC is going to take 183 days to process the I-130 before forwarding to the consulate as opposed to 6 days for the I-129F. This means obtaining an IR-1 will take ~6 months longer than the K-3...hence the thought above but I guess it's a no-go.

According to the latest post by the CSC for processing times as of May 15, 2008 it seems they are processing I-485 from Sept 8. 2006...that's 20 months ago! So obtaining a green card by entering on a K-3 with subsequent asjustment of status will take 1.5 to 2 years *sigh*

[cyberdeep 0]

If you follow the shortcuts posted on this site, it doesn´t take more than 30-45 days for the NVC now. We´re at 19 days and almost done. Don´t bother watching the USCIS processing dates--they never match what actually happens.

Thanks for your response. It does appear that I-130s are being approved before K-3s but it seems NVC is going to take 183 days to process the I-130 before forwarding to the consulate as opposed to 6 days for the I-129F. This means obtaining an IR-1 will take ~6 months longer than the K-3...hence the thought above but I guess it's a no-go.

According to the latest post by the CSC for processing times as of May 15, 2008 it seems they are processing I-485 from Sept 8. 2006...that's 20 months ago! So obtaining a green card by entering on a K-3 with subsequent asjustment of status will take 1.5 to 2 years *sigh*

I see. What shortcuts are you referring to?

[sydkym 0]

Go to the NVC forum and read all the threads that are pinned at the top. I especially used the document made by "lotsofpatience".

I see. What shortcuts are you referring to?

[cyberdeep 0]

Go to the NVC forum and read all the threads that are pinned at the top. I especially used the document made by "lotsofpatience".

I see. What shortcuts are you referring to?

Thanks! I will go read that.

I have an immigration lawyer that is taking care of my paper-work. I'll go find out what they have to say as well...

[Dakine 26]

An I-130 was just submitted for my wife in India to start her K-3 visa process. I have a question about whether the following is possible:

1. Obtain and enter US on K-3 visa

2. Don't file for Adjustment of Status. Wait for I-130 approval and subsequent forwarding to US consulate in India for CR-1 interview.

3. Return to India for CR-1 interview

4. Re-enter US on CR-1 to obtain the green card.

I apologize if this has been asked before. Been scouting the forums for a while and haven't been able to get an answer.

Thanks!

That's what the K3 was originally created for. Check Life Act 2001 I think. At that time CRs were taking a long time and K3/K4s were created so couples could reunite sooner.

Different story now as CRs are way faster.

Stick with the CR as in the long run K3s SUCK compared to CRs and especially IRs!

[Dakine 26]

If you get a K-3 visa, you cannot also get a CR-1. It´s an either/or situation. I think if you don´t file for AOS, the visa expires and is revoked.

WRONG

[pushbrk 12,910]

An I-130 was just submitted for my wife in India to start her K-3 visa process. I have a question about whether the following is possible:

1. Obtain and enter US on K-3 visa

2. Don't file for Adjustment of Status. Wait for I-130 approval and subsequent forwarding to US consulate in India for CR-1 interview.

3. Return to India for CR-1 interview

4. Re-enter US on CR-1 to obtain the green card.

I apologize if this has been asked before. Been scouting the forums for a while and haven't been able to get an answer.

Thanks!

The plan is viable. You definitely can arrive on a K3 and then return for a CR1 visa instead of adjusting status.

However, under the current policies the logistics can be both complicated and expensive. The current policy is to approve both petitions together, then hold the I-130 for status adjustment after K3 entry. Sometimes USCIS doesn't follow their own policy and they go ahead and send both petitions to NVC.

If the I-130 is held you file and I-824 with fee to get the I-130 moving again. Once it's at the Consulate and an interview is scheduled you go back to India, interview for the visa and re-enter as an immigrant with permanent resident status. If by that time, you've been married two years, the status is not conditional, so the green card is good for ten years.

You can take the above to the bank, regardless of what any other responses you may have received. I read only the first one, which was dead wrong.

All that said, I'd seriously consider not filing the I-129F at all and just stick with the immigrant visa from the start. The time difference just isn't that much now and the I-130 may well get approved sooner if they don't have to marry it up with an I-129F.

Edited May 26, 2008 by pushbrk

[Mohgli 0]

An I-130 was just submitted for my wife in India to start her K-3 visa process. I have a question about whether the following is possible:

1. Obtain and enter US on K-3 visa

2. Don't file for Adjustment of Status. Wait for I-130 approval and subsequent forwarding to US consulate in India for CR-1 interview.

3. Return to India for CR-1 interview

4. Re-enter US on CR-1 to obtain the green card.

I apologize if this has been asked before. Been scouting the forums for a while and haven't been able to get an answer.

Thanks!

The plan is viable. You definitely can arrive on a K3 and then return for a CR1 visa instead of adjusting status.

However, under the current policies the logistics can be both complicated and expensive. The current policy is to approve both petitions together, then hold the I-130 for status adjustment after K3 entry. Sometimes USCIS doesn't follow their own policy and they go ahead and send both petitions to NVC.

If the I-130 is held you file and I-824 with fee to get the I-130 moving again. Once it's at the Consulate and an interview is scheduled you go back to India, interview for the visa and re-enter as an immigrant with permanent resident status. If by that time, you've been married two years, the status is not conditional, so the green card is good for ten years.

You can take the above to the bank, regardless of what any other responses you may have received. I read only the first one, which was dead wrong.

All that said, I'd seriously consider not filing the I-129F at all and just stick with the immigrant visa from the start. The time difference just isn't that much now and the I-130 may well get approved sooner if they don't have to marry it up with an I-129F.

one headache to remember is the need for submitting Originals to NVC. The weird note on the NVC site is to get multiple copies of the originals. knowing the headache of getting documents from India, thats the last heartburn I need. well just a thing to remember.

[cyberdeep 0]

An I-130 was just submitted for my wife in India to start her K-3 visa process. I have a question about whether the following is possible:

1. Obtain and enter US on K-3 visa

2. Don't file for Adjustment of Status. Wait for I-130 approval and subsequent forwarding to US consulate in India for CR-1 interview.

3. Return to India for CR-1 interview

4. Re-enter US on CR-1 to obtain the green card.

I apologize if this has been asked before. Been scouting the forums for a while and haven't been able to get an answer.

Thanks!

The plan is viable. You definitely can arrive on a K3 and then return for a CR1 visa instead of adjusting status.

However, under the current policies the logistics can be both complicated and expensive. The current policy is to approve both petitions together, then hold the I-130 for status adjustment after K3 entry. Sometimes USCIS doesn't follow their own policy and they go ahead and send both petitions to NVC.

If the I-130 is held you file and I-824 with fee to get the I-130 moving again. Once it's at the Consulate and an interview is scheduled you go back to India, interview for the visa and re-enter as an immigrant with permanent resident status. If by that time, you've been married two years, the status is not conditional, so the green card is good for ten years.

You can take the above to the bank, regardless of what any other responses you may have received. I read only the first one, which was dead wrong.

All that said, I'd seriously consider not filing the I-129F at all and just stick with the immigrant visa from the start. The time difference just isn't that much now and the I-130 may well get approved sooner if they don't have to marry it up with an I-129F.

Thank you very much! This is very useful information.

My concern with going only for the CR-1 from the get-go is the possibility that I-130s start getting delayed for whatever reason. If that happens, we won't be together for even longer which would really suck. So I was trying to see if there was a way to optimize both being together sooner, which K-3 offers, as well as obtaining a green card sooner, which CR-1 allows (as opposed to adjustment of status).

Incidentally, the reason I am investigating getting the green card sooner is because my wife intends on applying for university admissions for next fall. The chances of her getting an admission would be greatly increased if applying as a permanent resident (very few positions available for international students). I am still trying to figure out whether universities will accept an I-130 approval, or receipt showing adjustment of status submission, to categorize her a permanent resident. Assuming not, then potentially the above approach would get her a green card much sooner, i.e. within 6 months of entering on a K-3 which appears to be much faster than obtaining one via adjustment of status.

[pushbrk 12,910]

An I-130 was just submitted for my wife in India to start her K-3 visa process. I have a question about whether the following is possible:

1. Obtain and enter US on K-3 visa

2. Don't file for Adjustment of Status. Wait for I-130 approval and subsequent forwarding to US consulate in India for CR-1 interview.

3. Return to India for CR-1 interview

4. Re-enter US on CR-1 to obtain the green card.

I apologize if this has been asked before. Been scouting the forums for a while and haven't been able to get an answer.

Thanks!

The plan is viable. You definitely can arrive on a K3 and then return for a CR1 visa instead of adjusting status.

However, under the current policies the logistics can be both complicated and expensive. The current policy is to approve both petitions together, then hold the I-130 for status adjustment after K3 entry. Sometimes USCIS doesn't follow their own policy and they go ahead and send both petitions to NVC.

If the I-130 is held you file and I-824 with fee to get the I-130 moving again. Once it's at the Consulate and an interview is scheduled you go back to India, interview for the visa and re-enter as an immigrant with permanent resident status. If by that time, you've been married two years, the status is not conditional, so the green card is good for ten years.

You can take the above to the bank, regardless of what any other responses you may have received. I read only the first one, which was dead wrong.

All that said, I'd seriously consider not filing the I-129F at all and just stick with the immigrant visa from the start. The time difference just isn't that much now and the I-130 may well get approved sooner if they don't have to marry it up with an I-129F.

Thank you very much! This is very useful information.

My concern with going only for the CR-1 from the get-go is the possibility that I-130s start getting delayed for whatever reason. If that happens, we won't be together for even longer which would really suck. So I was trying to see if there was a way to optimize both being together sooner, which K-3 offers, as well as obtaining a green card sooner, which CR-1 allows (as opposed to adjustment of status).

Incidentally, the reason I am investigating getting the green card sooner is because my wife intends on applying for university admissions for next fall. The chances of her getting an admission would be greatly increased if applying as a permanent resident (very few positions available for international students). I am still trying to figure out whether universities will accept an I-130 approval, or receipt showing adjustment of status submission, to categorize her a permanent resident. Assuming not, then potentially the above approach would get her a green card much sooner, i.e. within 6 months of entering on a K-3 which appears to be much faster than obtaining one via adjustment of status.

IMO, filing only an I-130 and arriving with a CR1 visa will be a faster way to get a green card than six months after entry on K3 would be. If you want an immigrant visa, don't file an I-129F for spouse.

If you insist on filing both petitions, then clearly indicate in your cover letter and in big red letters on the I-130 that you want Consular processing of the I-130. I would then file the two petitions together in the same envelope directly to the appropriate service center. I know the instructions say otherwise but we've had at least two members indicate success doing so.

Edited May 26, 2008 by pushbrk