CR-1 vs K-3??

[jacamero 0]

Well, after advice on a Yahoo group I belonged to, reading on here and dozens of calls to the USCIS I'm still confused. Just when I think I've got it figured out and have a plan of action, something gets brought to my attention that I didn't know and puts me back to square one.

I haven't got a timeline on my profile as we haven't started anything yet LOL I'm afraid I'll still be here trying to figure it out one our 5th anniversary ::sob::

But here are my questions, hopefully someone can help me sort it out so we can start. My husband (we were married Aug 11, 2007) was born and raised in England and I am American (born and raised in Michigan). He has 4 children he'll be bringing with him, age 12, 9, 8 and 3. He has sole custody of them and getting a note from there mother is not a problem.

We had planned on going the route of filing one I-130 with the children on it under their father, then the I-129F (K-3/4) along with the I-765 work visa form.

Now someone pointed out that the I-130 might come thru before the I-129F as our forms will process out of California and they are pretty quick. They also said if we just go with the I-130 he won't need to file the work visa form as he'll be allowed to work as soon as he gets here. Also they said we don't have to worry about filing the I-485 (AOS) this way as well. And that the hidden thing the USCIS doesn't tell you is that if you go the K-3/4 route, you have to file and AOS on EVERYONE, even the kids, as soon as you are approved to come to the US. Is this so? I had never heard that before. I was told it could take up to 2 years on the I-130 alone before he'd be allowed to enter. Yet someone told me they only had to wait 90 days?!

Also they said to ask on here what questions they ask in the interview process, as a father with 4 kids coming in might raise their interest more than a single person coming in. In terms of how they will be supported here. I am currently unemployed and taking college classes. I hope to be done in spring and hopefully working by the time he arrives, but also my ex husband offered to be sponsor for us, since even working I doubt I'll make enough to meet the guidelines as I have 3 children of my own as well. I was told by USCIS that the sponsor doesn't come into play until the 2 year mark. But someone told me today that isn't true, if we go the I-130 route (sans K-3) then we will need to prove financial support with the co-sponsor at the time of the interview before the visa is granted. I was also wondering if someone could tell me if this is true as well?

Seems everything I was told via the USCIS helpline is apparently not true?? Just when you think you have it all figured out...you realize you don't!! Thanks so much for the help!! I'm so overwhelmed and confused...

Julie

Dazed and Confused in Michigan

[payxibka 10,047]

Regardless of which route you choose, you will eventually need an I-130 petition for ALL!!! Either up front for an immigrant visa or upon status adjustment if K3/4

Before the visas are issued you will need to satisfy the consulate of your financial ability.

The I-765 is filed only if K-3 is the visa of choice and only after entry into the US has occured.

Edited October 7, 2008 by payxibka

[Mononoke28 137]

I know it sounds pretty confusing but it really isn't. You pretty much have two choices, either the CR1/IR1 or K3 visa. The CR1 visa is for couples who've been married for less then 2 years at the time of interview, this means that the beneficiary will have to apply to remove conditions two years after entering the US in order to receive their final 10 year green card. And yes, it has a cost of $545 . An IR1 visa is for couples who've been married for more than 2 years and the beneficiary will receive their 10 year card after he/she enters the US. Nothing more to be done.

The other option is the K3 visa which was developed a few years ago when CR1/IR1 visas were taking years to be processed. The K3 visa was supposed to be faster than the other one but now days they're taking almost the same amount of time. With a K3 visa, the beneficiary won't be able to work until he/she files for AOS/EAD which has an additional cost of $1,010 and a wait period of at least 3 months. In my opinion, if you can wait a few months for the CR1 or IR1 visa, go for it and disregard the K3 visa.

Now, if you decide to file for a CR1, you will have to send in form I-130 for everybody, so 5 forms total. Then, when the case gets to the NVC for processing, you will have to pay their fees for everybody as well which are $70 for the AOS and $400 for the IV Bill. But after that, you're done.

With the K3 visa, you will have to pay for AOS for everybody as well. $1,010 for your husband and $600 for each child if filing at the same time. If you only file for your husband at first and file for the children at a later time, you will have to pay $930 for each child.

As for the financial issue. You will have to prove that you can support all members of your family, including his with your salary. If you can't, then you will definitely need a co-sponsor. For CR1/IR1 visas, you will have to show IRS and salary documents when the cases arrive at the NVC (before the interview). For K3 visas, you will need to have this info ready at the time of the interview. Here are the Poverty Guidelines that will show you how much you would need to earn in order to be approved. In your case you will have 9 family members to support, so your salary should be $49,000. That's just an example.

Diana

[jacamero 0]

I know it sounds pretty confusing but it really isn't. You pretty much have two choices, either the CR1/IR1 or K3 visa. The CR1 visa is for couples who've been married for less then 2 years at the time of interview, this means that the beneficiary will have to apply to remove conditions two years after entering the US in order to receive their final 10 year green card. And yes, it has a cost of $545 . An IR1 visa is for couples who've been married for more than 2 years and the beneficiary will receive their 10 year card after he/she enters the US. Nothing more to be done.

The other option is the K3 visa which was developed a few years ago when CR1/IR1 visas were taking years to be processed. The K3 visa was supposed to be faster than the other one but now days they're taking almost the same amount of time. With a K3 visa, the beneficiary won't be able to work until he/she files for AOS/EAD which has an additional cost of $1,010 and a wait period of at least 3 months. In my opinion, if you can wait a few months for the CR1 or IR1 visa, go for it and disregard the K3 visa.

Now, if you decide to file for a CR1, you will have to send in form I-130 for everybody, so 5 forms total. Then, when the case gets to the NVC for processing, you will have to pay their fees for everybody as well which are $70 for the AOS and $400 for the IV Bill. But after that, you're done.

With the K3 visa, you will have to pay for AOS for everybody as well. $1,010 for your husband and $600 for each child if filing at the same time. If you only file for your husband at first and file for the children at a later time, you will have to pay $930 for each child.

As for the financial issue. You will have to prove that you can support all members of your family, including his with your salary. If you can't, then you will definitely need a co-sponsor. For CR1/IR1 visas, you will have to show IRS and salary documents when the cases arrive at the NVC (before the interview). For K3 visas, you will need to have this info ready at the time of the interview. Here are the Poverty Guidelines that will show you how much you would need to earn in order to be approved. In your case you will have 9 family members to support, so your salary should be $49,000. That's just an example.

Diana

Diana, thank you so much for your invaluable help. We discussed this last night and feel for the cost of a couple of extra months, it's worth it to save thousands of dollars. And if the interview isn't scheduled until after August 11th, then we'll have been married 2 years and he can get straight in with the 10 year green card and we won't have to lift the conditions. At this rate, it probably won't be until August anyway when this all gets done!! I'm glad you mentioned there were additional costs on the back side, we didn't know that (the IV Bill and stuff...what is that anyway, I never heard of it before??).

We definitely will need a co-sponsor, even when I was working full time I only made $32,000 so I wouldn't have been able to do it on my own even then. They sure set their expectations high, don't they? The other thing I wanted to ask, going with just the I-130, that will enable him to work right away won't it? That was the way I understood it, while the K-3 won't let you. Which is stupid, they don't want you to resort to public funds, but then hobble you by not letting you work right off, how do they figure people are supposed to start supporting themselves?? Sheesh! LOL Anyway... thanks again for your help!!

Hugs,

Julie

Michigan

[Mononoke28 137]

You're correct. If your husband comes in with the IR1 visa, he will be able to work as soon as he gets his green card in the mail, which can take anywhere from 2-7 weeks. With the K3, he would have to file for AOS and wait for his EAD to be approved and that can take 3 months at a minimum. That visa is such a hassle.

As for the NVC fees, the AOS is to pay for them to process the financial info such as form I-864 and necessary documents. The IV Bill is the actual visa bill and that also pays for the processing of the DS-230 and all other documents you have to send with it. The good thing is that after you've paid both fees, you won't have to pay anything more. Well, besides the medical stuff.

I think you made a smart choice, especilly because you will probably have been married for more than 2 years at the time of interview and he will automatically get his 10 year green card, instead of 2 years.

Good luck!

Diana

Edited October 8, 2008 by Mononoke28

[Dakine 26]

Just backing up EVERYTHING Diana has posted!!!!

Adding that AOS can take over a year in some cases. Even can be placed in deportation proceedings! Doesn't happen much but!~!

Edited October 8, 2008 by Haole

[jacamero 0]

You're correct. If your husband comes in with the IR1 visa, he will be able to work as soon as he gets his green card in the mail, which can take anywhere from 2-7 weeks. With the K3, he would have to file for AOS and wait for his EAD to be approved and that can take 3 months at a minimum. That visa is such a hassle.

As for the NVC fees, the AOS is to pay for them to process the financial info such as form I-864 and necessary documents. The IV Bill is the actual visa bill and that also pays for the processing of the DS-230 and all other documents you have to send with it. The good thing is that after you've paid both fees, you won't have to pay anything more. Well, besides the medical stuff.

I think you made a smart choice, especilly because you will probably have been married for more than 2 years at the time of interview and he will automatically get his 10 year green card, instead of 2 years.

Good luck!

Diana

Thank you again Diana! We hate to wait longer, but we think it's the smarter thing to do. Makes it easier on us, and he can keep working there while we wait and save up money to bring here to get us by till he can find work. Instead of sitting here out of work waiting for the permission to come thru and worrying about money. So tho our hearts tell us one thing, necessity tells us another. Thank you.

Oh, also, my husband was wondering what questions they ask at the interview. He just wants to be prepared and he's kind of nervous about it, he says it feels like he's getting ready for a test or something LOL Plus, what kinds of medical expenses are there? What needs to be done and how much it runs cost-wise? Thanks!

Hugs,

Julie

Michigan

[jacamero 0]

Just backing up EVERYTHING Diana has posted!!!!

Adding that AOS can take over a year in some cases. Even can be placed in deportation proceedings! Doesn't happen much but!~!

OH NO!!! That's not good to hear. But I seriously doubt they'd hold him in deportation proceedings as he has never done anything wrong. He has no police record, not even traffic tickets. So there is no reason for them to deny him nor do anything like this to him. But it still is a scary thought. Plus I hate the sound of over a year. I have heard of others coming thru in 90 days...I like the sound of that much better! So I'll send up positive thoughts and energy to make this all flow quickly and smoothly! Thank you for your input, it is all valuable to hear!

Many hugs,

Julie

Michigan

[rmncm 0]

To clarify, With the CR1/IR1 visa, you have to pay the $400 IV Bill (DS230) for each person immigranting (4). Best case is it will be done in 6 months worst case 12 months and a average of 8 months. Not 90 days. Even a K1 will not get approved in 90 days...you might be able to get a expidite but you might as well catch the real Santa Clause on XMAS morning then hope to get a expidite.

Start here...

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/wiki/index.php/..._live_in_the_US

http://www.visajourney.com/forums/index.ph...amp;page=guides

http://www.visajourney.com/forums/index.ph...page=i130guide1

Edited October 8, 2008 by rmncm

[jacamero 0]

To clarify, With the CR1/IR1 visa, you have to pay the $400 IV Bill (DS230) for each person immigranting (4). Best case is it will be done in 6 months worst case 12 months and a average of 8 months. Not 90 days. Even a K1 will not get approved in 90 days...you might be able to get a expidite but you might as well catch the real Santa Clause on XMAS morning then hope to get a expidite.

Start here...

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/wiki/index.php/..._live_in_the_US

http://www.visajourney.com/forums/index.ph...amp;page=guides

http://www.visajourney.com/forums/index.ph...page=i130guide1

Thank you so much for the links! I'm checking them out now. I do appreciate all of you, for your invaluable help and information!!!

Hugs,

Julie

Michigan