Need some experienced advice...continue with K3 or I130

[davidsuzy 0]

Hi Everyone,

I really appreciate the fact that everyone on here is so helpful and willing to share their experiences with others that have not walked these roads before. I'm looking for some advice and hoping there are some out there that were in my shoes before and willing to share their experiences / lessons learned.

Quick background:

- Married Dec 26, 2007

- Filed both I130 and I129F (K3) and both approved on the same day - Oct 7th, 2008.

Status of I130 - just got the first package from NVC today asking for payment of AOS.

Status of I129F - my wife (in Egypt) just got the package from the embassy this week and completed her medical today. We're expecting to be able to send all of the paperwork requested back to the embassy sometime next week. From there, they say it takes about 10 days before you hear back with an interview date which probably will be set about 1 month from that point (depending on volumes).

With that said, I'm looking for some advice. From what I understand (which can definitely be wrong), there are 3 options:

1. Hold off on doing anything further with I130 case and continue with K3 then adjust status when she comes. From what I gather from the USCIS site, it looks like they are working on adjustment cases that are dated July, 2006. I guess that means that it will take about 2+ years before she gets a green card. I think this option gets her here the fastest.

2. Forget K3 and continue with I130. Not my favorite option as I think this could potentially take several months longer than option 1. I guess the good thing here is when she does arrive here, she arrives with a green card right away (or a temporary card or something since we're married less than 2 years). Guess this option is somewhat cheaper than the 1st option too, although that's not a major contributor to the decision.

3. Continue with both the K3 and I130. She comes with K3 (since that will be faster), then after we have an interview date for the I130, she goes back to Cairo for the interview and then comes back with the immigrant visa. I'm assuming this option even exists? Advantage with this option is she arrives quickly, and when she returns to the US again, she'll have a green card as opposed to waiting a few years in option 2.

Does this all make sense? Does anyone have any suggestions on which option you would go with or have gone with as I think I'm kind of at a fork in the road (maybe). If I'm misunderstanding something, would someone mind correcting me.

Thanks so much for your help and taking the time to read this lengthy post. I appreciate it.

David

[YuAndDan 153]

Yes, those are the 3 options for K-3 / CR-1 petitions.

Keep in mind if you are prepared with what is needed for DS-230 package to NVC, and do them in a timley manor, many have had the I-130 package catch up to the K-3 package at the consulate before K-3 interview, if that happens then the K-3 gets dropped in favor of the CR-1.

NVC has online payment system which speeds up the process.

Compare timelines.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

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)

I see many posts from K-3 holders stating, "Wow this sucks, I an stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

This one recently had K-3 dropped in favor of CR-1: http://www.visajourney.com/forums/index.ph...=157530&hl=

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[davidsuzy 0]

Hi,

Thanks very much for taking the time to read and respond.

If we go the K3 route, am I reading it correctly that USCIS (Vermont) is working on adjustment of status cases submitted in July, 2006? So that means if we go this route, it will take about 2 years or more to get a Visa?

I understand your point about the I130 going quickly too, but given where we are at with both options, I don't think it's possible for the interview date for the I130 to come anytime before the K3. I'm thinking it could be a 2 month or so difference - in which case it's worth the extra money to go K3, but if the green card will take 2+ years, then I guess we have to go with both option 3 and go both routes.

[YuAndDan 153]

Hi,

Thanks very much for taking the time to read and respond.

If we go the K3 route, am I reading it correctly that USCIS (Vermont) is working on adjustment of status cases submitted in July, 2006? So that means if we go this route, it will take about 2 years or more to get a Visa?

I understand your point about the I130 going quickly too, but given where we are at with both options, I don't think it's possible for the interview date for the I130 to come anytime before the K3. I'm thinking it could be a 2 month or so difference - in which case it's worth the extra money to go K3, but if the green card will take 2+ years, then I guess we have to go with both option 3 and go both routes.

Vermont does not do AOS for K-Visas, NBC processes I-485, and the Field offices display times for possible interview times for I-485.

[davidsuzy 0]

Oh, ok. Didn't know that - thanks for your help. The closest field office to me says they are working on cases from Feb, 2008 - so I guess that's at least a little better than July, 2006!

I just paid the $70 AOS fee to the NVC, but I'm not sure how quickly they will get us an interview date vs. the K3 route. At some point soon I think I will need to pay the $400, and don't want to waste that if we end up getting the k3 interview much sooner and ditching the IR1.

Suggestions?

[daboyz 36]

Follow these shortcuts. I have seen people get through NVC in 3 weeks by using these steps.

http://www.visajourney.com/forums/index.ph...ost&id=8473

[Dakine 26]

Yes, those are the 3 options for K-3 / CR-1 petitions.

Keep in mind if you are prepared with what is needed for DS-230 package to NVC, and do them in a timley manor, many have had the I-130 package catch up to the K-3 package at the consulate before K-3 interview, if that happens then the K-3 gets dropped in favor of the CR-1.

NVC has online payment system which speeds up the process.

Compare timelines.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

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)

I see many posts from K-3 holders stating, "Wow this sucks, I an stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

This one recently had K-3 dropped in favor of CR-1: http://www.visajourney.com/forums/index.ph...=157530&hl=

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Yo Dan!

Can't you get this pinned. I'm tired of explaining. I guess I should make out one and paste it when people ask.

[Let it Be 0]

"Yo Dan!

Can't you get this pinned. I'm tired of explaining. I guess I should make out one and paste it when people ask."

Pinning this is a good idea, and on a side note...no one makes you answer anyone else's questions....the new folks are looking for clarification. If it annoys you, move on....

Edited October 25, 2008 by linda&usama

[birch- phuk_beer 0]

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

damn i wish people would quit saying this. K-3 and cR-1 have both their advantages and disadvantages.

There are those of us who arent worried so much about the $$ and have dependents coming on K-4's that the K-3 makes easier. And yes, the K-3 is still faster buy a few months........

This blanket statement above is an OPINION to certain individuals needs. The K-3 fits others needs and has its place.

Edited October 26, 2008 by Birch-Beer

[MaxOnline 0]

Well, you have to ask yourself few questions too...

1. Do you want your wife to work right away? do you guys need the money she'll make? and what kind of a job she'll find anyways? at Walmart?

2. are you ready for more few months of waiting? 'cause if you took the CR1 route your case is going to take sometime in the NVC... more background checks and longer administrative processing at the US. embassy in Cairo, 'cause she's getting a green card, EAD and she'll enter the US as a permanent resident!

3. are you ready to deal with the embassies ignoring, slow responses and empoloyees' mean streak in US. embassy in Cairo... plus it's too hard to contact with the embassy here. even they wouldn't let your wife in if she needed to get some answers...

I say that you should let your wife attend the K3 interview, get her visa and go to the US to reunite with you and then dealing with USCIS from within the US is much easier and faster so you can finish up what you started, get an EAD, and AOS.. many people do that...

Just let her get to you and things will be easier..

[davidsuzy 0]

Thanks for the responses. I'm still thinking a good possibility might be to let her come with the K3, don't adjust status, let the I130 run as normal, and then when we have an interview date for the IR/CR1, then she can go back to Egypt for that. If all goes well there, then we've gotten the best of both worlds in that she comes quickly, and we wont have to adjust status, go through USCIS again, and pay the $1k for AOS.

Think that's a good option. Anyone out there go both routes...K3 so the person comes quickly, then IR1 so you don't have to adjust status?

[payxibka 10,045]

Thanks for the responses. I'm still thinking a good possibility might be to let her come with the K3, don't adjust status, let the I130 run as normal, and then when we have an interview date for the IR/CR1, then she can go back to Egypt for that. If all goes well there, then we've gotten the best of both worlds in that she comes quickly, and we wont have to adjust status, go through USCIS again, and pay the $1k for AOS.

Think that's a good option. Anyone out there go both routes...K3 so the person comes quickly, then IR1 so you don't have to adjust status?

why run the risk of visa denial if she is already here in the states?

You may not have to pay $1k for AOS but you pay that and more for a plane ticket, new medical and visa fees....

[MaxOnline 0]

my advice is that you go in one route... and stop confusing yourself, if she came to the US on K3 visa status the next logical step is to adjust status....

[Completely 3]

Yo Dan!

Can't you get this pinned. I'm tired of explaining. I guess I should make out one and paste it when people ask.

Thats what I do, as they ask the same question all the time.