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Posted
My opinion, take it for what it's worth.

Your SO can come here probably 30-45 days faster with the K-3. Then you have to jump through more USCIS hoops. As most here will attest, it is not fun. If I went the K-3 route, my wife would be here right now.

I'm willing to spend that time alone, and not deal with having some bureaucrat have our future in their hands. It is a choice. It's kind of a pay now or pay later thing. My attitude is why not get it all done now? Even if it is a CR-1, the only thing you have to do is lift conditions. There is no EAD, or Adjustment of status.

Keep in mind how much fun the K-3 process was when you make this decision. I don't think the EAD will be much more fun.

Might I add...

Many K3 filers have had only their 129F forwarded for consular processing and their 130 held for future adjustment of status.

Or, simply get the k3 asap and lift status near the two year mark for a 10 year card.

Everyone I have seen lately has had both petitions forwarded. Both I-130 and I-129F. May not be the case in the future, but it is now.

For what it's worth, both my kid's I-130 and I-129F were approved on the same day in May. Only the I-129F was forwarded to the consulate. When we requested to have the I-130 forwarded we were unsuccessful. If you don't know for sure what you're going to do when you file the I-130, don't hint that you might adjust status in the US. Circumstances may change, as did for my kids. I am not looking forward to the EAD/AOS/not working hassle. I need to tweak the EAD paperwork so it can be filed the minute she gets in the country - this week, God willing!

Thai Mom

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Filed: Timeline
Posted (edited)
My opinion, take it for what it's worth.

For what it's worth, both my kid's I-130 and I-129F were approved on the same day in May. Only the I-129F was forwarded to the consulate. When we requested to have the I-130 forwarded we were unsuccessful. If you don't know for sure what you're going to do when you file the I-130, don't hint that you might adjust status in the US. Circumstances may change, as did for my kids. I am not looking forward to the EAD/AOS/not working hassle. I need to tweak the EAD paperwork so it can be filed the minute she gets in the country - this week, God willing!

Thai Mom

Just so that it's clear. USCIS sends approved petitions to NVC. NVC then forwards the approved 129F to consular for processing. This takes place almost instantly.

NVC then holds onto the approved 130. NVC will process the 130 and upon successful processing, will forward to consular for VISA approval. This is the natural progression for a 130/CR1 visa.

However, the petitioner can opt for one of two exit scenarios:

1: Choose not to have NVC process the 130 by keeping the file at NVC until the K3 beneficiary enters the US and apply for adjustment of status.

2: Choose to have NVC process and upon completion, have NVC forward to consular for approval of CR1 VISA.

If you opt for option #1, you will have to go through AOS and pay the fees and if your AOS is approved before two years, will need lift conditions for a 10 year greencard.

If you opt for option #2, you will only have to lift conditions for a 10 year greencard.

HOWEVER, if you opt for option #2 around the two year mark, CHANCES are YOU WILL BE APPROVED FOR A 10 YEAR GREENCARD. No need to adjust status and no need to lift conditions for a 10 year greencard.

If having an EAD is critical, then I would recommend following through with option #1 and getting the CR1 and EA sequence.

If having an EAD is not critical, then option #2 is ideal.

*** I HAVE HEARD that a temporary EAD is issued automatically for those entering the US through the JFK airport. If this is the case, then one could opt for option #2 and enter JFK for EAD. Then wait close to the 2 year mark and proceed with the 130 completion.

A key item to note is that there's no rule or law that requires the K3 VISA holder to adjust status immediately upon entering the US. The VISA holder can wait for the two year mark, and proceed with the 130 processing to save the hassle of adjusting status or lifting conditions for a 10 year GC.

Edited by SPSguy

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Posted

Just so that it's clear. USCIS sends approved petitions to NVC. NVC then forwards the approved 129F to consular for processing. This takes place almost instantly.

The I-130, in our case never made it the NVC. There was a memo a couple of years ago, as an agreement between the Dept of State and USCIS, wherein I-130s would be held by the USCIS if the petitioner indicated that the beneficiary would be adjusting status. We assumed that is what happened. Lately they seem to be forwarding both to the NVC. Hopefully they will consistently do that, as it keeps all the doors open, which in my opinion is a good thing.

Thai Mom

Filed: Timeline
Posted
Just so that it's clear. USCIS sends approved petitions to NVC. NVC then forwards the approved 129F to consular for processing. This takes place almost instantly.

The I-130, in our case never made it the NVC. There was a memo a couple of years ago, as an agreement between the Dept of State and USCIS, wherein I-130s would be held by the USCIS if the petitioner indicated that the beneficiary would be adjusting status. We assumed that is what happened. Lately they seem to be forwarding both to the NVC. Hopefully they will consistently do that, as it keeps all the doors open, which in my opinion is a good thing.

Thai Mom

I agree. USCIS really needs to get their act together and follow a consistent/predictable practice so that the petitioner and prospective VISA holder can plan.

In most cases, if both petitions do not get forwarded to NVC, the options for multiple exit strategies are limited.

Interestingly, in my case, when we filed for K3, I made it clear on both petitions along with a cover letter, that both petitions were intended for a K3 visa. Yet, both approved petitions ( approved almost the same day ) still got forwarded to NVC. As for now, my wife has received her K3 VISA and the approved 130 is held at NVC for future processing. We will decide on what to do around our two year marriage anniversary...albeit enter US and adjust status or proceed with IR1 VISA for a 10 year card.

In our case, we will do our best to avoid having to lift conditions by waiting out the 2 year. Perhaps future K3 filers can send both petitions without indicating a K3 intent to keep their options open.

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Filed: Timeline
Posted
Hi there everyone,

I am trying to soak in all this information, on how to get to the US as fast as possible to be with my fiance.

He is an American citizen, living in Florida, and Im a Canadian citizen up here in Canada.

We want to be able to continue to fly to see eachother as much as possible, with him coming up here, and me flying down south to see him too. With his work, its me mostly flying down there so he doesn't miss too much of it.

Is there any other way other than the K1 and K3 for myself?

Are people actually waiting since March to have their K3's approved from the VSC? Or is that a time line from applying for the K3 to visa in hand?

Were still trying to debate if the K1 or K3 option is faster, but also which would work out better in terms of me flying down there to still be with him when I get a few days off work here and there. I have two children who I have primary custody of, who will remain here in Canada with their father and come visit me during the summers and any other breaks from school since their Dad wont let them leave the country. So I hope that since I have primary custody, if we went the K1 route and if I tried crossing to visit, showing I have custody and children to come home to, and a job back home to come home to, hopefully they will let me pass through without problems with a K1 processing.

Or if it would just be easier to get married first and cross through with a K3.

Any advice?

If you go for a K3 instead of a K1 you get the added benefit of being able to come on here and rant, yell, and scream about the K1 people getting approved faster than you, and how you deserve it more because you're already married, yada, yada, yada.

Lady, people aren't chocolates. Do you know what they are mostly? Bastards. ####### coated bastards with ####### filling. But I don't find them half as annoying as I find naive bobble-headed optimists who walk around vomiting sunshine.
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hmm, ok.. I was under the impression that getting k3 I would be able to travel into the u.s to visit while its pending to be approved? Or am I confused and you can only travel back and forth freely once its approved? Thats why we were thinking of going with the CR1 or the K3 option.

Were not married (yet), and we just want to be able to be together as fast as possible, but at the same time with me having no restrictions crossing the border to visit (im in canada) and making it clear Im coming back after a week to go back to work, etc.

Sarinha

First met March 2007, playing an MMORPG (ffxi)

Getting married Feb 12 2010

Will start our VJ Feb 2010

2c61618b8b94d52d.gif

I-130 Journey - VSC CR1 & CR2

02-xx-10 -I-130 sent

xx-xx-10- I-130 NOA1

xx-xx-xx- I-130 NOA2

- Total Days from NOA 1 to NOA2 xxx

I-129F Journey - VSC K3 & K4

xx-xx-xx I-130 Received @ NVC

xx-xx-xx Case Completed at NVC :

xx-xx-xx NVC Left:

- Total Days from NOA1 to NVC Complete xx

- Total Days @ NVC xx

Consulate

xx-xx-xx Received at Consulate

xx-xx-xx Medical Date

xx-xx-xx Interview Date [ ] Pass [ ] Fail

- Total Days from Recd at Consulate to Interview xxx

- Total Days from NOA1 to Interview xxx

Filed: Timeline
Posted

You have about the same chances of getting across the border whichever way you go. However, with a K3 you have already proven that you have a reason to just stay in the US and not return to Canada, so maybe it would be even more difficult to get across? Either way, getting into the US from Canada isn't difficult so it's really a non-issue.

Lady, people aren't chocolates. Do you know what they are mostly? Bastards. ####### coated bastards with ####### filling. But I don't find them half as annoying as I find naive bobble-headed optimists who walk around vomiting sunshine.
Posted

It really depends on what your priorities are.

Assuming you get married before you start the filing process (excluding K1)

The advantages of CR1 are lower overall cost and shorter wait time before the beneficiary can go to work after arriving in the US. The disadvantage is the longer processing time at NVC (statistically) resulting in a longer delay between time of filing and actual US entry.

There is no such thing as a "superior" visa. A visa is used to enter and re-enter the US, and that's all it is good for. Neither a K3 or IR1 visa, alone, gives the visaholder any special privalages beyond being able to legally enter and leave the country.

The advantage of the IR1 (immigrant) vs the K3 (non-immigrant) visa process is that once the IR1 process is complete, there are no further documents (or costs) required before the immigrant receives his/her green card or social security card, usually within a couple of weeks after arriving in the US (or it was 2 weeks at the time we looked at that option). The K3 visaholder is still allowed to travel in and out of the US, but has to apply for status adjustment (AOS) and work authorization (EAD) before being allowed to get a social security card, go to work, and in some states, get a drivers license. The K3 visaholder statistically arrives in the US about 6-8 weeks sooner then waits in the US for about 90 days for the work authorization to arrive before he/she can get a social security card / job / and in some cases drivers license.

In OUR case, and everyone's is different, we wanted to minimize time apart and took the K3 route. Our state does not require a SS number for a drivers license so my wife was busy at first studying for/getting her learners permit, going to driving school <her country uses the WRONG side of the road lol> and such while waiting for work authorization (EAD) etc to be processed.

As far as crossing the border, some with pending petitions are turned back and some are not. It seems to be a combination of what mood the immigration officer is in that day and the strength of ties the visitor has to his/her own country.

 

i don't get it.

Filed: Other Country: China
Timeline
Posted
It really depends on what your priorities are.

Assuming you get married before you start the filing process (excluding K1)

The advantages of CR1 are lower overall cost and shorter wait time before the beneficiary can go to work after arriving in the US. The disadvantage is the longer processing time at NVC (statistically) resulting in a longer delay between time of filing and actual US entry.

There is no such thing as a "superior" visa. A visa is used to enter and re-enter the US, and that's all it is good for. Neither a K3 or IR1 visa, alone, gives the visaholder any special privalages beyond being able to legally enter and leave the country.

The advantage of the IR1 (immigrant) vs the K3 (non-immigrant) visa process is that once the IR1 process is complete, there are no further documents (or costs) required before the immigrant receives his/her green card or social security card, usually within a couple of weeks after arriving in the US (or it was 2 weeks at the time we looked at that option). The K3 visaholder is still allowed to travel in and out of the US, but has to apply for status adjustment (AOS) and work authorization (EAD) before being allowed to get a social security card, go to work, and in some states, get a drivers license. The K3 visaholder statistically arrives in the US about 6-8 weeks sooner then waits in the US for about 90 days for the work authorization to arrive before he/she can get a social security card / job / and in some cases drivers license.

In OUR case, and everyone's is different, we wanted to minimize time apart and took the K3 route. Our state does not require a SS number for a drivers license so my wife was busy at first studying for/getting her learners permit, going to driving school <her country uses the WRONG side of the road lol> and such while waiting for work authorization (EAD) etc to be processed.

As far as crossing the border, some with pending petitions are turned back and some are not. It seems to be a combination of what mood the immigration officer is in that day and the strength of ties the visitor has to his/her own country.

Among the family visas applicable to spouse or finace(e) only the K3 visa allows one to enter and re-enter the US. K1, CR1 and IR1 and their corresponding visas for children are "single entry" visas. An immigrant visa results in immediate LPR status upon US entry and all the priviledges that go with LPR status.

Which visa is superior depends on circumstances but immigrant visas provide more "benefit" initially.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

True - in the interim, after entry, on an IR1/CR1, is the passport stamped? What allows the IR1/CR1 entrant to work/travel in event of delay of green card arrival?

It really depends on what your priorities are.

Assuming you get married before you start the filing process (excluding K1)

The advantages of CR1 are lower overall cost and shorter wait time before the beneficiary can go to work after arriving in the US. The disadvantage is the longer processing time at NVC (statistically) resulting in a longer delay between time of filing and actual US entry.

There is no such thing as a "superior" visa. A visa is used to enter and re-enter the US, and that's all it is good for. Neither a K3 or IR1 visa, alone, gives the visaholder any special privalages beyond being able to legally enter and leave the country.

The advantage of the IR1 (immigrant) vs the K3 (non-immigrant) visa process is that once the IR1 process is complete, there are no further documents (or costs) required before the immigrant receives his/her green card or social security card, usually within a couple of weeks after arriving in the US (or it was 2 weeks at the time we looked at that option). The K3 visaholder is still allowed to travel in and out of the US, but has to apply for status adjustment (AOS) and work authorization (EAD) before being allowed to get a social security card, go to work, and in some states, get a drivers license. The K3 visaholder statistically arrives in the US about 6-8 weeks sooner then waits in the US for about 90 days for the work authorization to arrive before he/she can get a social security card / job / and in some cases drivers license.

In OUR case, and everyone's is different, we wanted to minimize time apart and took the K3 route. Our state does not require a SS number for a drivers license so my wife was busy at first studying for/getting her learners permit, going to driving school <her country uses the WRONG side of the road lol> and such while waiting for work authorization (EAD) etc to be processed.

As far as crossing the border, some with pending petitions are turned back and some are not. It seems to be a combination of what mood the immigration officer is in that day and the strength of ties the visitor has to his/her own country.

Among the family visas applicable to spouse or finace(e) only the K3 visa allows one to enter and re-enter the US. K1, CR1 and IR1 and their corresponding visas for children are "single entry" visas. An immigrant visa results in immediate LPR status upon US entry and all the priviledges that go with LPR status.

Which visa is superior depends on circumstances but immigrant visas provide more "benefit" initially.

 

i don't get it.

Filed: Other Country: China
Timeline
Posted

Yes, it's the stamp not the visa for subsequent entries before the green card is in hand.

True - in the interim, after entry, on an IR1/CR1, is the passport stamped? What allows the IR1/CR1 entrant to work/travel in event of delay of green card arrival?

It really depends on what your priorities are.

Assuming you get married before you start the filing process (excluding K1)

The advantages of CR1 are lower overall cost and shorter wait time before the beneficiary can go to work after arriving in the US. The disadvantage is the longer processing time at NVC (statistically) resulting in a longer delay between time of filing and actual US entry.

There is no such thing as a "superior" visa. A visa is used to enter and re-enter the US, and that's all it is good for. Neither a K3 or IR1 visa, alone, gives the visaholder any special privalages beyond being able to legally enter and leave the country.

The advantage of the IR1 (immigrant) vs the K3 (non-immigrant) visa process is that once the IR1 process is complete, there are no further documents (or costs) required before the immigrant receives his/her green card or social security card, usually within a couple of weeks after arriving in the US (or it was 2 weeks at the time we looked at that option). The K3 visaholder is still allowed to travel in and out of the US, but has to apply for status adjustment (AOS) and work authorization (EAD) before being allowed to get a social security card, go to work, and in some states, get a drivers license. The K3 visaholder statistically arrives in the US about 6-8 weeks sooner then waits in the US for about 90 days for the work authorization to arrive before he/she can get a social security card / job / and in some cases drivers license.

In OUR case, and everyone's is different, we wanted to minimize time apart and took the K3 route. Our state does not require a SS number for a drivers license so my wife was busy at first studying for/getting her learners permit, going to driving school <her country uses the WRONG side of the road lol> and such while waiting for work authorization (EAD) etc to be processed.

As far as crossing the border, some with pending petitions are turned back and some are not. It seems to be a combination of what mood the immigration officer is in that day and the strength of ties the visitor has to his/her own country.

Among the family visas applicable to spouse or finace(e) only the K3 visa allows one to enter and re-enter the US. K1, CR1 and IR1 and their corresponding visas for children are "single entry" visas. An immigrant visa results in immediate LPR status upon US entry and all the priviledges that go with LPR status.

Which visa is superior depends on circumstances but immigrant visas provide more "benefit" initially.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted
The advantages of CR1 are lower overall cost and shorter wait time before the beneficiary can go to work after arriving in the US. The disadvantage is the longer processing time at NVC (statistically) resulting in a longer delay between time of filing and actual US entry.

Another thing to keep in mind is that with a CR1 ( conditional immigrant visa before two year anniversary ), ALTHOUGH THE VISA DOES NOT REQUIRE ADJUSTMENT OF STATUS, it does require lifting conditions to receive a ten year. THIS TOO COST MONEY and time.

So the notion that once a CR1 is issued everything is done, is incorrect.

About the only advantage I see with a CR1 is that the entering VISA holder has work authorization and two year greencard.

However, as mentioned earlier, there are ways to obtain a work permit without the two year greencard by using JFK POE.

Additionally, if the petitioner and the vISA holder chooses/desires to live together oversea ( like myself and others ) during this process, it could be more advantages to get the k3 and then request direct consular processing of the 130 right around the two year mark. Upon approval will result in immediate issuance of a IR1 visa, greencard and work authorization. THIS WILL AVOID THE HASSLE AND FEES ASSOCIATED WITH STATUS ADJUSTMENT or having to lift conditions for a ten year greencard.

It all boils down to, where does the petitioner want to live during this process; how soon you want to be together after marriage; and what does the VISA holder want to do after entering the U.S?

In MY case, we wanted to be together the fastest. So I went to live with her during the process. While living with her, I was offered a job oversea.

Luckily, both our petitions were approved at about the same day/time. Her K3 was approved quickly too. Now my wife has a two year entry.

Since her 130 is currently held at NVC, we may decide to move forward by having them processed as an IR1 near our two year anniversary. Or, if sometimes between now and her two year VISA expiration date we decide to move and live in the U.S., we will then proceed with adjustment of status for a ten year greencard WITHOUT the need to lift conditions.

At the present, I don't see any advantages to rush for the CR1 visa since we dont want to have to file to lift conditions for a ten year greencard.

It's so much more peaceful to have the VISA in your hand the quickest. With the k3 approved, there's peace of mind in knowing that should there be a delay/problem during the 130 processing, there's a VISA in hand to see each other. THERE HAVE BEEN MANY INSTANCES/TOO MANY whereby official documents, forms, marriage evidence, affidavit of support, lost paperwork, etc.. things get held up at NVC, that some people are forced to wait months even years to have their 130 processed.

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Filed: Other Country: China
Timeline
Posted
The advantages of CR1 are lower overall cost and shorter wait time before the beneficiary can go to work after arriving in the US. The disadvantage is the longer processing time at NVC (statistically) resulting in a longer delay between time of filing and actual US entry.

Another thing to keep in mind is that with a CR1 ( conditional immigrant visa before two year anniversary ), ALTHOUGH THE VISA DOES NOT REQUIRE ADJUSTMENT OF STATUS, it does require lifting conditions to receive a ten year. THIS TOO COST MONEY and time.

So the notion that once a CR1 is issued everything is done, is incorrect.

About the only advantage I see with a CR1 is that the entering VISA holder has work authorization and two year greencard.

However, as mentioned earlier, there are ways to obtain a work permit without the two year greencard by using JFK POE.

Additionally, if the petitioner and the vISA holder chooses/desires to live together oversea ( like myself and others ) during this process, it could be more advantages to get the k3 and then request direct consular processing of the 130 right around the two year mark. Upon approval will result in immediate issuance of a IR1 visa, greencard and work authorization. THIS WILL AVOID THE HASSLE AND FEES ASSOCIATED WITH STATUS ADJUSTMENT or having to lift conditions for a ten year greencard.

It all boils down to, where does the petitioner want to live during this process; how soon you want to be together after marriage; and what does the VISA holder want to do after entering the U.S?

In MY case, we wanted to be together the fastest. So I went to live with her during the process. While living with her, I was offered a job oversea.

Luckily, both our petitions were approved at about the same day/time. Her K3 was approved quickly too. Now my wife has a two year entry.

Since her 130 is currently held at NVC, we may decide to move forward by having them processed as an IR1 near our two year anniversary. Or, if sometimes between now and her two year VISA expiration date we decide to move and live in the U.S., we will then proceed with adjustment of status for a ten year greencard WITHOUT the need to lift conditions.

At the present, I don't see any advantages to rush for the CR1 visa since we dont want to have to file to lift conditions for a ten year greencard.

It's so much more peaceful to have the VISA in your hand the quickest. With the k3 approved, there's peace of mind in knowing that should there be a delay/problem during the 130 processing, there's a VISA in hand to see each other. THERE HAVE BEEN MANY INSTANCES/TOO MANY whereby official documents, forms, marriage evidence, affidavit of support, lost paperwork, etc.. things get held up at NVC, that some people are forced to wait months even years to have their 130 processed.

1. No, a K3 doesn't get EAD from JFK POE. They have to file for it with AOS or pay a separate fee.

2. You can request Consular Processing, not Direct Consular Processing.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted

PUSHBRK, I recall back in Feb or March you were warning people -- almost scaring people - from filing the 129F and 130 together. Even sendign them together for that matter. Many of those people that took your advice ended up waiting months to get thier k3 petitions approved. In that same time, we have seen a trend where USCIS was accepting and approving both petitions simultaneously. I'm living proof that it works.

As for your declaration that EAD is not issued at JFK point of entry, I might suggest you do a little research as many people that enter through JFK are granted work permission. Just like your earlier recommendation about not filing both petitions together, I beg to differ that your experience in this area is lacking as well.

It might not be what it is written in law, but it's what is being practiced at JFK.

Thanks for the correction on Direct consular processing. I assume that those followign this process understand there's only two places that handle the processing. NVC and Processing by local consular. You can call it direct at the consular or at consular but it'll be be processed by the local consular.

FYI, when I said request for direct consular processing, I am referring to sending an email or letter to NVC ( maybe fill out a request form ) and request to have the 130 petition processed by the local consular. Sorry for any misunderstanding.

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Filed: Other Country: China
Timeline
Posted
PUSHBRK, I recall back in Feb or March you were warning people -- almost scaring people - from filing the 129F and 130 together. Even sendign them together for that matter. Many of those people that took your advice ended up waiting months to get thier k3 petitions approved. In that same time, we have seen a trend where USCIS was accepting and approving both petitions simultaneously. I'm living proof that it works.

As for your declaration that EAD is not issued at JFK point of entry, I might suggest you do a little research as many people that enter through JFK are granted work permission. Just like your earlier recommendation about not filing both petitions together, I beg to differ that your experience in this area is lacking as well.

It might not be what it is written in law, but it's what is being practiced at JFK.

Thanks for the correction on Direct consular processing. I assume that those followign this process understand there's only two places that handle the processing. NVC and Processing by local consular. You can call it direct at the consular or at consular but it'll be be processed by the local consular.

FYI, when I said request for direct consular processing, I am referring to sending an email or letter to NVC ( maybe fill out a request form ) and request to have the 130 petition processed by the local consular. Sorry for any misunderstanding.

Things change. First, of course temporary EAD stamps are available at JFK but for K1, not K3.

I've gone back and forth on filing the petitions together. It was working consistently for a while, perhaps when you filed. Since then, we've had reports of the whole package being sent back. I don't recommend trying it now. I did when it seemed to be working.

I know what you meant but terminology is specific in this process. Direct Consular Processing is for petitions filed with the Consulate directly instead of with a Stateside service center. You'll be completing the process at NVC and receiving normal Consular processing, not of the petition approval but the visa itself.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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