K3 vs IR-1? DCF or US filed?

[StevenCarmen 0]

Hi all. Great forum. Because of VJ, I feel that we can do it ourselves and be certain that it's timely and right.

I'm Steve USC,my wife Carmen is Mexican. We'll be married 2 yrs this August and are currently both living in Mexico. She has three teenage kids. They are 14/16/19 Oldest is entering the university, the younger two are entering the final year of their respective schools.

We need to mostly live in Mexico for another year or so, then transition to residing in the US, bringing the kids in to right away or perhaps to follow, as appropriate for each. The oldest will probably be in college for years though.

Since I maintain a residence in the US and also qualify for DCF in Mexico, we have more options than most. At first, I had assumed that IR-1 via DCF was the way for us to go, but after considering where we need to live for the next 12-24 months, I wonder if K3 might be more appropriate - a quicker way to get a visa and start the transition, without having to become full-time residents right away. And if K3, maybe file in the US?

It appears that if filing K3 (in US) both options would be open for the future, so if things change (my parents are aging) and we need to transition more quickly, we could ride the IR-1 through instead. But I-129F has to be filed in the US - right?

I've got too many questions for one topic, really, but I'll throw them out to get started:

- am I misinformed on anything here?

- IR-1 or K-3? Considering that we need to take time transitioning (but with earliest first visit to US) wouldn't the K-3 with it's multiple entries be more appropriate than IR-1 ? We have friends who live mostly in Mexico and come and go to the US using their greencards, they say "no problem", but after reading the wording for permanent residence card, it seems that is risky. We do want to follow the spirit as well as the letter of the law, if at all possible !

-Has anyone done K-3 in Mexico? The few Mexico DCFs I found came out as IR-1, but CDJ site does show the option-as long as the 130 has not reached them yet.

-What kind of cost differences am I looking at here? It's huge with 3 kids -right? I've looked at much info, but it's complicated and I still can't sort it out well.

-What about receiving mail? There is no mail delivery here, - we could rent a box, but probably this would be fatally slow in any case. With US filing, it will arrive at my home there and can be relayed to me here by FedEx/DHL....

- Given our circumstance, (age, school etc) how should I do the kids for your recommended approach? I understand that one can start their I-130s right away and pay more upfront, or later and pay even more down the road.

- What will the differences in interview process be? Two interviews (hopefully in Spanish!) for everybody if we do K3/K4 > AOS? One in CDJ and the other - in USA? Only one interview with IR-1, right?

Any general comments are greatly appreciated as well. Sorry for the long post.

[Dakine 26]

Do the DCF IR-1 Fastest. Also IRs get GC and SS card in the mail shortly after arriving at POE

K3 is multi entry but once she gets GC she can come and go as she pleases. Can't get SS card unless she files for EAD or gets GC by doing AOS.

IRs and CRs can come and go also once the they get GC in the mail.

K3 adjusting status filing fee is $1010. Kids under 14 [Not sure about age] cost $600 each.

Hard to beat IRS!!!

Edited June 11, 2008 by Haole

[marea 0]

Hi there Steven I suggest you go for the K3, why because she got 3 kids and one is going 21 in 2yrs. When she/he reached 21 it would be hard for you then to get him/her. With K3 you have to file for K4 for the 3 kids. You need to file I-130 and 129F at the same time. It's a process that some people don't know yet that they could file it simultaneously. Here you could check this website for K3. The approval came usually after 4mos depend if you attached the original and complete requirements:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[mike_2007 0]

actually you should do direct consulate process it's better and alot faster than both, if you have been living in mexico for more than 6 months then you can do direct filing with the consulate .take care and good luck

[Dakine 26]

Hi there Steven I suggest you go for the K3, why because she got 3 kids and one is going 21 in 2yrs. When she/he reached 21 it would be hard for you then to get him/her. With K3 you have to file for K4 for the 3 kids. You need to file I-130 and 129F at the same time. It's a process that some people don't know yet that they could file it simultaneously. Here you could check this website for K3. The approval came usually after 4mos depend if you attached the original and complete requirements:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Not a good idea as kid could age out while waiting to adjust status.

DCF is the way to go!

Edited June 11, 2008 by Haole

[StevenCarmen 0]

Do the DCF IR-1 Fastest. Also IRs get GC and SS card in the mail shortly after arriving at POE

K3 is multi entry but once she gets GC she can come and go as she pleases. Can't get SS card unless she files for EAD or gets GC by doing AOS.

IRs and CRs can come and go also once the they get GC in the mail.

K3 adjusting status filing fee is $1010. Kids under 14 [Not sure about age] cost $600 each.

Hard to beat IRS!!!

Thanks for your response.

It appears that in practice GC allows one to come and go, but may be arbitrarily revoked for any long-term absence, especially one over 6 months and certainly over one year. So, if she spends 6-9 months out of US for first year or two...

K3 is a non-immigrant visa, so, you are not yet required to reside in US, correct?

I don't understand the reference to the IRS

[StevenCarmen 0]

Hi there Steven I suggest you go for the K3, why because she got 3 kids and one is going 21 in 2yrs. When she/he reached 21 it would be hard for you then to get him/her. With K3 you have to file for K4 for the 3 kids. You need to file I-130 and 129F at the same time. It's a process that some people don't know yet that they could file it simultaneously.

Thanks. I think that whether we use it or not, we will file 129F. And you confirm that we can file 129F with 130. The consulate shows that on their site too. Instead of waiting for I-130 NOA, right ?

But I AM wondering about age-out as Haole commented.

I know there is something that says that children are eligible (for IR-1) if under 18 when married... so I wonder if that is more important and not that k4 is only for under 21.

Perhaps the oldest will turn 21 6-12 months after getting K4, but still be eligible for I-130? This might be ok as she will be in University in Mexico anyway. But would allow her to come with family for initial visits. ???

This is an important part of deciding our strategy. We need time for school, but "no child left behind" - so to speak !

[StevenCarmen 0]

actually you should do direct consulate process it's better and alot faster than both,

But is DCF really faster in Mexico? I'm not seeing any difference in the timelines between DCF and US filed for this country. It seems that with their case-load, CDJ consulate is the bottleneck no matter what.

The issues I've identified that are going for and against DCF are:

COST: for - DCF is less expensive - by a huge margin for 4, I guess.

MAIL: against - If filing DCF, we must use Mexican addresses, right? How will we get our critical notices in time (if at all) - like the appointment?

[Dakine 26]

Hard to beat IRS!!!

Sorry I meant IRs! Visas that is.

[Reba 2]

K3 is a non-immigrant visa, so, you are not yet required to reside in US, correct?

I don't understand the reference to the IRS

yes, in a manner you are required to show intent to become a permanent resident of the US. Once you arrive with the K3, yes it is multiple entry, but not indefinitely, and again, they reserve the right to revoke any visa status if they feel it is being abused or not used as the law intends. Having a K3 implies that one intends to apply for and become a permanent resident of the US, and the application for adjustment of status must be submitted before the K3 expires, 2 years after entry date. Once the green card is received, then we have to comply by those rules that any length of absence from the US could result in them revoking the status if they feel the person has no intent to be a permanent resident of the US. Which means, their primary residence must be in the US or a US territory, and you have to spend a certain amount of time in the US in any given year.

The good thing is however, once a person has a green card based on marriage, they can apply for US citizenship within 3 years (if they wish) and then not have to worry about all the permanent resident rules anymore.

[marea 0]

Hi there Steven I suggest you go for the K3, why because she got 3 kids and one is going 21 in 2yrs. When she/he reached 21 it would be hard for you then to get him/her. With K3 you have to file for K4 for the 3 kids. You need to file I-130 and 129F at the same time. It's a process that some people don't know yet that they could file it simultaneously.

Thanks. I think that whether we use it or not, we will file 129F. And you confirm that we can file 129F with 130. The consulate shows that on their site too. Instead of waiting for I-130 NOA, right ?

But I AM wondering about age-out as Haole commented.

I know there is something that says that children are eligible (for IR-1) if under 18 when married... so I wonder if that is more important and not that k4 is only for under 21.

Perhaps the oldest will turn 21 6-12 months after getting K4, but still be eligible for I-130? This might be ok as she will be in University in Mexico anyway. But would allow her to come with family for initial visits. ???

This is an important part of deciding our strategy. We need time for school, but "no child left behind" - so to speak !

You know Steven everyone here I think have a good idea bout your case. K3 is for your spouse & K4 is for the kids. Are you guys married? If not you can apply for K1 and for the kids. Upon arrival in US you could apply for AOS (adjustment of status) and yes they have to be in US for at least 2 to 3 yrs as one of the conditions, but it it doesn't mean you can't get out of the country to visit mexico. You just need to inform the immigration and apply for it. I suggest that you read all the conditions of all options available for you and consider your future plans with this you can decide what to use for...

[marea 0]

Hi there Steven I suggest you go for the K3, why because she got 3 kids and one is going 21 in 2yrs. When she/he reached 21 it would be hard for you then to get him/her. With K3 you have to file for K4 for the 3 kids. You need to file I-130 and 129F at the same time. It's a process that some people don't know yet that they could file it simultaneously.

Thanks. I think that whether we use it or not, we will file 129F. And you confirm that we can file 129F with 130. The consulate shows that on their site too. Instead of waiting for I-130 NOA, right ?

But I AM wondering about age-out as Haole commented.

I know there is something that says that children are eligible (for IR-1) if under 18 when married... so I wonder if that is more important and not that k4 is only for under 21.

Perhaps the oldest will turn 21 6-12 months after getting K4, but still be eligible for I-130? This might be ok as she will be in University in Mexico anyway. But would allow her to come with family for initial visits. ???

This is an important part of deciding our strategy. We need time for school, but "no child left behind" - so to speak !

K3/K4 is good if you think you should be in US as soon as possible and if you don't like any of the kids to be left behind. K4 wouldn't deport your kids once he reach 21 as long as you filed for the AOS. I've known people that filed IR1 for 21 years above it took them years for them to get to US, I just don't know for age younger than that how fast it is.

[StevenCarmen 0]

This is an important part of deciding our strategy. We need time for school, but "no child left behind" - so to speak !

K3/K4 is good if you think you should be in US as soon as possible and if you don't like any of the kids to be left behind. K4 wouldn't deport your kids once he reach 21 as long as you filed for the AOS. I've known people that filed IR1 for 21 years above it took them years for them to get to US, I just don't know for age younger than that how fast it is.

Thanks again. After seeing the comments on K3 still only for living in the US (not visiting in transition?) and IR-1 is so much easier and cheaper than K3>AOS>IR-1, maybe I should forget K3. I'm starting to think that I may want to go IR-1 right away but just for my wife.

If so, I wonder should I go ahead and file the 129F in case we change our mind when the time comes.

Then plan to file I-130 for the kids (still not in US) just before 21st birthday of oldest.

How does this sound? Foolish to wait? I just don't like the idea of the kids having greencards, but then not actually living in the US for year or two more. This would go against the spirit of the law and force us to lie.

If we apply I-130 later for them, then the cards may come just when they are ready... ??

I wish it was just possible for family to live in both countries like I do. It's what we really want.