K3 or immigrant visa?

[SteveColo 0]

Does anyone have advice/experience with either?

Without all the long details, my wife has to return to Ukraine and I have to file paperwork for her to return. I was told to file an I-130 and then a I-129F ... but then some attorney said there is this other option of filing an I-130 and then getting an immigrant visa.

Help please .... and thank you from a new member ...

[Otto 83]

Does anyone have advice/experience with either?

Without all the long details, my wife has to return to Ukraine and I have to file paperwork for her to return. I was told to file an I-130 and then a I-129F ... but then some attorney said there is this other option of filing an I-130 and then getting an immigrant visa.

Help please .... and thank you from a new member ...

Probably referring to CR-1. (Check HERE for some basic differences and more information.

[YuAndDan 153]

This is the topic of many discussions.

I-130 is CR-1/IR-1 I-130 and I-129F starts the K-3 option.

CR-1 is a GREEN-CARD IMMIGRANT visa, it generates a green-card upon entry, for most CR-1 is just as quick to get as K-3, NVC has streamlined CR-1 processing drastically making the K-3 unnecessary. K-3 was developed for a time when CR-1/IR-1 visas were taking years to process. (Compare timelines)

For most countries K-3 is not much quicker to process than CR-1, NVC has streamlined their process a bit on CR-1 so that in most cases K-3 wont save much time. Also K-3 is NOT work authorized CR-1 IS, I see many complaints of K-3's about not being able to work until at least 90 days after entering the USA while they wait for an EAD or AOS to generate a green-card.

Compare VJ timelines for K-3 and CR-1.

If you enter the USA on CR-1 visa, then NO AOS needed. CR-1 has the advantage of GREEN-CARD on entry to the USA, and can imediatly take a JOB, get SSN, and apply for a driver's license after getting SSN. K-3 CANNOT take a JOB, get SSN, or apply for driver's license until after getting EAD or Green-card. EAD can take 90 days or more.

CR-1 saves $$$

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

Keep in mind if you do K-3, The I-130 will proced on to NVC for CR-1 after it is approved, if you keep the I-130 running through NVC it may reach the consulate shortly after K-3 does, and the consulate will drop the K-3 for the CR-1, or you could reschedule the K-3 interview hoping that the CR-1 will catch up.

You cannot believe the number of posts from K-3 holders wishing they had just done CR-1 when they discover that it will take some time and $$$ to get EAD and or green-card.

[SteveColo 0]

Thanks guys ... sounds like you file the I-130 ... then the K3 ... then pretty much hope the I-130 gets processed along the same time line as the K3 ... it looks like a better way to enter the country. Can you actually trace the progress of the I-130 and compare it to the K3 ?

[pushbrk 13,073]

Thanks guys ... sounds like you file the I-130 ... then the K3 ... then pretty much hope the I-130 gets processed along the same time line as the K3 ... it looks like a better way to enter the country. Can you actually trace the progress of the I-130 and compare it to the K3 ?

No, if you file both petitions in a timely manner, they are joined together and adjudicated together unless one gets side-tracked by an RFE. At the service center level, there's nothing to track from receipt to approval notice.

If working soon after entry and/or budgetary concerns are a priority, I would just skip the I-129F and go for an immigrant visa. If speed is the primary concern and you don't mind the extra hassle and expense of AOS, you could file both and hope for the best.