CR1 or K3?

[dreamcircus 0]

I am a U.S. citizen married to an Australian. We got married in the U.S. in May. Since then we have traveled to Australia and now live in the U.S. My husband entered on a visitor's visa. Should we be applying for his permanent residency through the CR1 or K3? Which one is faster, and what are the advantages/disadvantages for both? Thank you.

[kaffy 2]

Sorry I don't know but I was wondering is your husband technically allowed to remain in the US while his visa is being processed once his visitor visa (3 month VWP I assume) has expired? Or does he have to return to Australia to wait?

[canadian_wife 1,829]

So you and your husband were already married when he entered the 2nd time on the VWP? I am not sure but I don't think you can adjust status, I think you have to have your husband return home.

but someone will correct me if I am wrong.

Good luck.

[Lansbury 19]

So after you were married and with the intention of remaining in the US permanently your husband entered using the VWP.

Sounds very much like he entered the US illegally and a visit to an immigration lawyer is highly recommended before you do something which might cause you serious problems.

[dreamcircus 0]

So after you were married and with the intention of remaining in the US permanently your husband entered using the VWP.

Sounds very much like he entered the US illegally and a visit to an immigration lawyer is highly recommended before you do something which might cause you serious problems.

Alright, how about someone actually answer my very simple question instead of making ridiculous assumptions?

He entered the country legally, and is still here legally, and is not seeking to adjust status.

I asked CR1 vs K3 which is better/faster/advantages/disadvantages.... it is quite pathetic quite frankly, that someone who has received his/her visa would go ahead and make such a post above accusing us of doing anything illegal. If you can't be of help then don't post at all.

[dreamcircus 0]

Sorry I don't know but I was wondering is your husband technically allowed to remain in the US while his visa is being processed once his visitor visa (3 month VWP I assume) has expired? Or does he have to return to Australia to wait?

Well that's what we're wondering as well, although we would be quite happy to comply with the law if he has to leave while waiting for the interview.

BTW your case is almost identical as ours... as in the AUS/Seattle connection. I might message you if you don't mind..

[pushbrk 13,111]

I am a U.S. citizen married to an Australian. We got married in the U.S. in May. Since then we have traveled to Australia and now live in the U.S. My husband entered on a visitor's visa. Should we be applying for his permanent residency through the CR1 or K3? Which one is faster, and what are the advantages/disadvantages for both? Thank you.

Either is appropriate but the CR1 will allow him to work almost immediately instead of waiting a few months for authorization. I recommend the CR1. Of course, your husband entered legally and may "visit" as long as VWP legally allows. I think what may have disturbed some is "we now live in the U.S.". He is allowed to "visit" not "reside" using the VWP. It's semantics but get used to it because using the wrong terminology can trip you up big time.

I suggest you study the guides and read some of the many discussions here comparing K3 and CR1, then make your decision between them based on your own priorities and circumstances.

[canadian_wife 1,829]

I am sorry if I made snap judgements but the 'we now live in the US' made me think he was going to stay. Make sure during the interview your husband doesn't use those terms as I think it may raise some eyebrows.

We opted for the CR-1 route as it seems that K-3 and CR-1 are basically being approved at the same time and the CR-1 was cheaper and more beneficial for us (allowing automatic travel and work and green card status).

Good luck

[kaffy 2]

BTW your case is almost identical as ours... as in the AUS/Seattle connection. I might message you if you don't mind..

sure go ahead

Is there any way you could go back to Australia with him, reside there for 6 months then do DCF (another 2 months)? If it were possible I think it would be quicker than doing the usual CR1 route through USCIS

[Lansbury 19]

So after you were married and with the intention of remaining in the US permanently your husband entered using the VWP.

Sounds very much like he entered the US illegally and a visit to an immigration lawyer is highly recommended before you do something which might cause you serious problems.

Alright, how about someone actually answer my very simple question instead of making ridiculous assumptions?

He entered the country legally, and is still here legally, and is not seeking to adjust status.

I asked CR1 vs K3 which is better/faster/advantages/disadvantages.... it is quite pathetic quite frankly, that someone who has received his/her visa would go ahead and make such a post above accusing us of doing anything illegal. If you can't be of help then don't post at all.

I was neither being insulting or unhelpful, which if you had read properly what I posted you might have understood. I said it sounded like something had been done, not that is what had been done. If that was the case it was a misuse of the VWP and the entry into the US was illegal. Further if that was the case urgent professional legal advice was needed not amateurish if well meaning advice from unqualified people on the forum. If that is not the case then the advice I posted is not relevant and could just have been ignored instead of your rather condescending and ignorant comment being posted.

'we now live in the US' made me think he was going to stay.

Exactly how I read it as well and fore saw some horrible problems ahead if they didn't get proper advice.

Edited December 12, 2008 by Lansbury

[dreamcircus 0]

I guess perhaps the "we now live in the U.S." was misleading, since this site is very specific... I appreciate that since immigration requires such specificness.

However, I wasn't being condescending to you lansbury, how could I be when you were the one making the assumptions and not me... although the advice was perhaps well-intended.

Edited December 12, 2008 by dreamcircus

[Lansbury 19]

However, I wasn't being condescending to you lansbury, how could I be when you were the one making the assumptions and not me... although the advice was perhaps well-intended.

I can assure you I wasn't making assumptions hence the reason why I said it sounded like that was what had happened as indeed it was how it sounded.

[Mrs Rhoades 0]

I am sorry if I made snap judgements but the 'we now live in the US' made me think he was going to stay. Make sure during the interview your husband doesn't use those terms as I think it may raise some eyebrows.

We opted for the CR-1 route as it seems that K-3 and CR-1 are basically being approved at the same time and the CR-1 was cheaper and more beneficial for us (allowing automatic travel and work and green card status).

Good luck

Hi, I need your help, I applied for I-130 and I-129, both got approved on the same day. At what point in your process did you change from k3 to CR-1. You said it was cheeper. How much cheeper and who should I contact to change k3 toCR-1, NVC or US embassy. Thank you for your help :help:

[canadian_wife 1,829]

Oh shoot! I am not the person to ask. I did not file a K3 and we just filed the I-130. So I never had to go through the trasfer of K3 - CR-1 but from what I've read it is substantially cheaper.

Good luck!

[pushbrk 13,111]

I am sorry if I made snap judgements but the 'we now live in the US' made me think he was going to stay. Make sure during the interview your husband doesn't use those terms as I think it may raise some eyebrows.

We opted for the CR-1 route as it seems that K-3 and CR-1 are basically being approved at the same time and the CR-1 was cheaper and more beneficial for us (allowing automatic travel and work and green card status).

Good luck

Hi, I need your help, I applied for I-130 and I-129, both got approved on the same day. At what point in your process did you change from k3 to CR-1. You said it was cheeper. How much cheeper and who should I contact to change k3 toCR-1, NVC or US embassy. Thank you for your help :help:

You don't "change". Both processes proceed concurrently. If you want an immigrant visa, follow the latest procedures for speeding the I-130 through NVC and drag your feet if needed on the I-129F which will proceed on its own until you get the P3. The best of both worlds is to have the I-130 arrive on station before the scheduled K3 interview. This necessitates the the interview become a CR1 or IR1 interview. A K3 visa cannot be issued if an approved I-130 is present at the Consulate for the same beneficiary.