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!

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.

Thanks again. I wish I had thought about all this a little sooner. Unfortunately, the I-130 was sent out on Friday by my attorney already. I'll talk to then about all this tomm and see what they have to say.

[hheaven67 2]

I SO agree with pushbrk...in hindsight (and we all know it's 20/20!), I would've done the CR1 process ONLY as the K3 slowed down the process big time! I'm sure the I-130 if filed alone, would've taken only around 4 months for the NOA2...then the extra wait for the NVC process and consulate would've made up for the time that it's taken us now...as per my timeline, it will be a total of almost 11 months...we could've gone the CR1 route in that time AND I'd have my EAD when I got there! Good luck!

jen