Is there any reason *not* to go directly for the CR-1 instead of the K-3?

[Nicole&Roney 0]

Hi everyone,

I'm new here, so please excuse me if I ask some questions that have already been addressed elsewhere! I've read the relevant guides and many of the forums, but still have a few questions.

For background, my husband and I were married in Nicaragua earlier this month. I'm from the States (based in New Orleans for now) and he's from Nicaragua. However, we're both living in Costa Rica and will be there through August of 2009, when I'll have to return to the States. He'll probably remain in Costa Rica (with monthly work visa and/or US visa paperwork-filing trips back to Nicaragua) until he can come to join me in the States.

1) I was originally planning to go the K-3 route. However, after reviewing the guides and the forums, it seems to me that the CR-1 visa is the better way to go. The processing time for the I-130 is <2 weeks longer than the I-129, and I just saw a note where someone mentioned that the NVC processing could be completed in as few as 19 days. Is this typical? How long does the DS-230 & etc. NVC processing typically take? Is there any other reason - other than possibly shorter processing time - that would justify going the K-3 vs. the CR-1 route?

2) It's even possible that we could go the K-1 route at this point. We had our marriage ceremony, but the paperwork is not turned in yet - and in Nicaragua you have up to a year to turn in the final paperwork. So if I thought there was a valid reason to go for the K-1 instead, we still could at this point. But given the similar I-129 vs. I-130 processing times, and the fact that we'd have to file for adjustment of status, which is both expensive and means a long time without him working, it doesn't seem like a good option. Am I missing something?

3) I had read somewhere that the I-130 had to be submitted in person, but I just read in a guide here that it can be mailed to Chicago. Is this true? Can I mail the forms internationally (that is, from Costa Rica, e.g., by DHL or UPS)?

4) What about the consular route - does anyone have experience filing from outside of the States? In our situation, we're living in a third country, which I assume complicates matters. Also, we will only be at our current address through mid-August - if the paperwork takes longer we'd be in trouble.

5) Re: demonstrating a bonafide marriage - We're living together in a house in Costa Rica, but I don't have an official lease - the landlord just gives me a handwritten receipt each month. Would this be sufficient? Could I make something up and ask the landlord to sign it? Does anyone have experience with this? I also have bills from the biological station where we both work, and could have both of our names put on it - do you think this would help?

6) Re: Affidavit of Support - I'm a graduate student, and for the last two school years I've received a fellowship stipend which is well over the 125% requirement, but isn't taxable, so I haven't reported it on my tax forms. I have bi-weekly pay stubs, and could also get a letter - and maybe even an Accounts Receivable statement - from my university attesting to my income. Would this be sufficient?

Thanks for any help you can offer! Happy holidays, everyone!

Cheers,

Nicole

[Matthew123 0]

Hi everyone,

I'm new here, so please excuse me if I ask some questions that have already been addressed elsewhere! I've read the relevant guides and many of the forums, but still have a few questions.

For background, my husband and I were married in Nicaragua earlier this month. I'm from the States (based in New Orleans for now) and he's from Nicaragua. However, we're both living in Costa Rica and will be there through August of 2009, when I'll have to return to the States. He'll probably remain in Costa Rica (with monthly work visa and/or US visa paperwork-filing trips back to Nicaragua) until he can come to join me in the States.

1) I was originally planning to go the K-3 route. However, after reviewing the guides and the forums, it seems to me that the CR-1 visa is the better way to go. The processing time for the I-130 is <2 weeks longer than the I-129, and I just saw a note where someone mentioned that the NVC processing could be completed in as few as 19 days. Is this typical? How long does the DS-230 & etc. NVC processing typically take? Is there any other reason - other than possibly shorter processing time - that would justify going the K-3 vs. the CR-1 route?

2) It's even possible that we could go the K-1 route at this point. We had our marriage ceremony, but the paperwork is not turned in yet - and in Nicaragua you have up to a year to turn in the final paperwork. So if I thought there was a valid reason to go for the K-1 instead, we still could at this point. But given the similar I-129 vs. I-130 processing times, and the fact that we'd have to file for adjustment of status, which is both expensive and means a long time without him working, it doesn't seem like a good option. Am I missing something?

3) I had read somewhere that the I-130 had to be submitted in person, but I just read in a guide here that it can be mailed to Chicago. Is this true? Can I mail the forms internationally (that is, from Costa Rica, e.g., by DHL or UPS)?

4) What about the consular route - does anyone have experience filing from outside of the States? In our situation, we're living in a third country, which I assume complicates matters. Also, we will only be at our current address through mid-August - if the paperwork takes longer we'd be in trouble.

5) Re: demonstrating a bonafide marriage - We're living together in a house in Costa Rica, but I don't have an official lease - the landlord just gives me a handwritten receipt each month. Would this be sufficient? Could I make something up and ask the landlord to sign it? Does anyone have experience with this? I also have bills from the biological station where we both work, and could have both of our names put on it - do you think this would help?

6) Re: Affidavit of Support - I'm a graduate student, and for the last two school years I've received a fellowship stipend which is well over the 125% requirement, but isn't taxable, so I haven't reported it on my tax forms. I have bi-weekly pay stubs, and could also get a letter - and maybe even an Accounts Receivable statement - from my university attesting to my income. Would this be sufficient?

Thanks for any help you can offer! Happy holidays, everyone!

Cheers,

Nicole

I'm in the same boat as you. I'm from the united kingdom and my wife is an american citizen and we got married september 19th 2008. We sent out the form I-130 but we was unsure if we needed to send out the I-129f as we was already married.After only joining this today I've found out that if you only file the I-130 your automatically aplying for the CR1.I didn't even know that this visa exsited or infact if it's even a visa. I don't understand any of the requirements for it. The only thing we have done so far is send the I-130. I need to discuss with me wife if we should send out the 1-29F to go down the k3 route.

Edited December 27, 2008 by Matthew123

[trailmix 77]

Hi everyone,

I'm new here, so please excuse me if I ask some questions that have already been addressed elsewhere! I've read the relevant guides and many of the forums, but still have a few questions.

For background, my husband and I were married in Nicaragua earlier this month. I'm from the States (based in New Orleans for now) and he's from Nicaragua. However, we're both living in Costa Rica and will be there through August of 2009, when I'll have to return to the States. He'll probably remain in Costa Rica (with monthly work visa and/or US visa paperwork-filing trips back to Nicaragua) until he can come to join me in the States.

1) I was originally planning to go the K-3 route. However, after reviewing the guides and the forums, it seems to me that the CR-1 visa is the better way to go. The processing time for the I-130 is <2 weeks longer than the I-129, and I just saw a note where someone mentioned that the NVC processing could be completed in as few as 19 days. Is this typical? How long does the DS-230 & etc. NVC processing typically take? Is there any other reason - other than possibly shorter processing time - that would justify going the K-3 vs. the CR-1 route?

There is no other reason, other than a potentially shorter processing time. The CR-1 is an immigrant visa and will allow your Husband to work almost immediately.

It is cheaper.

With the K3, you will have to apply for him to adjust status once he arrives (think - doing a lot of paperwork!)

One consideration. Yes, in theory NVC can be completed in a few weeks - however, some applications are chosen for further name checks and administrative processing. I'm not saying yours will be one, just pointing it out - it does happen and can hold the application up for weeks or months. As you are leaving in August, this may mean some time apart. As mentioned, i'm not saying this will happen to your application - just wanted you to know it is a possibility.

2) It's even possible that we could go the K-1 route at this point. We had our marriage ceremony, but the paperwork is not turned in yet - and in Nicaragua you have up to a year to turn in the final paperwork. So if I thought there was a valid reason to go for the K-1 instead, we still could at this point. But given the similar I-129 vs. I-130 processing times, and the fact that we'd have to file for adjustment of status, which is both expensive and means a long time without him working, it doesn't seem like a good option. Am I missing something?

No, you aren't missing anything. There is no valid reason to go K1 at this point. Plus, just out of curiousity, would you then have another marriage ceremony after the K1 was approved?

3) I had read somewhere that the I-130 had to be submitted in person, but I just read in a guide here that it can be mailed to Chicago. Is this true? Can I mail the forms internationally (that is, from Costa Rica, e.g., by DHL or UPS)?

Yes, you can mail in the form.

4) What about the consular route - does anyone have experience filing from outside of the States? In our situation, we're living in a third country, which I assume complicates matters. Also, we will only be at our current address through mid-August - if the paperwork takes longer we'd be in trouble.

You may want to check out the Direct Consular Filing Forum - it's very common to file DCF. It doesn't complicate matters and in fact DCF can sometimes be a lot faster. As you mention though, the fact that you will be moving (leaving the country?) in August, might or might not be a problem. Most consulates have a residency clause when it comes to filing. They may require that you have a visa that allows you to stay in the country for x number of months after applying. I'm not sure what the prerequisite is for your Husband's country. Perhaps someone else will come along and answer that or you can contact the consulate directly and ask.

5) Re: demonstrating a bonafide marriage - We're living together in a house in Costa Rica, but I don't have an official lease - the landlord just gives me a handwritten receipt each month. Would this be sufficient? Could I make something up and ask the landlord to sign it? Does anyone have experience with this? I also have bills from the biological station where we both work, and could have both of our names put on it - do you think this would help?

Everything helps. The fact that you live at the same place helps. Do you have a joint bank account? Joint Bills?

6) Re: Affidavit of Support - I'm a graduate student, and for the last two school years I've received a fellowship stipend which is well over the 125% requirement, but isn't taxable, so I haven't reported it on my tax forms. I have bi-weekly pay stubs, and could also get a letter - and maybe even an Accounts Receivable statement - from my university attesting to my income. Would this be sufficient?

This will all help but more importantly, what will your income be when you file? You will also need to prove 'domicile' in the U.S.

This thread might help clarify that a bit.

Good luck!

[Nicole&Roney 0]

Thanks, Trailmix!!! You were very helpful!

Cheers,

Nicole

Hi everyone,

I'm new here, so please excuse me if I ask some questions that have already been addressed elsewhere! I've read the relevant guides and many of the forums, but still have a few questions.

For background, my husband and I were married in Nicaragua earlier this month. I'm from the States (based in New Orleans for now) and he's from Nicaragua. However, we're both living in Costa Rica and will be there through August of 2009, when I'll have to return to the States. He'll probably remain in Costa Rica (with monthly work visa and/or US visa paperwork-filing trips back to Nicaragua) until he can come to join me in the States.

1) I was originally planning to go the K-3 route. However, after reviewing the guides and the forums, it seems to me that the CR-1 visa is the better way to go. The processing time for the I-130 is <2 weeks longer than the I-129, and I just saw a note where someone mentioned that the NVC processing could be completed in as few as 19 days. Is this typical? How long does the DS-230 & etc. NVC processing typically take? Is there any other reason - other than possibly shorter processing time - that would justify going the K-3 vs. the CR-1 route?

There is no other reason, other than a potentially shorter processing time. The CR-1 is an immigrant visa and will allow your Husband to work almost immediately.

It is cheaper.

With the K3, you will have to apply for him to adjust status once he arrives (think - doing a lot of paperwork!)

One consideration. Yes, in theory NVC can be completed in a few weeks - however, some applications are chosen for further name checks and administrative processing. I'm not saying yours will be one, just pointing it out - it does happen and can hold the application up for weeks or months. As you are leaving in August, this may mean some time apart. As mentioned, i'm not saying this will happen to your application - just wanted you to know it is a possibility.

2) It's even possible that we could go the K-1 route at this point. We had our marriage ceremony, but the paperwork is not turned in yet - and in Nicaragua you have up to a year to turn in the final paperwork. So if I thought there was a valid reason to go for the K-1 instead, we still could at this point. But given the similar I-129 vs. I-130 processing times, and the fact that we'd have to file for adjustment of status, which is both expensive and means a long time without him working, it doesn't seem like a good option. Am I missing something?

No, you aren't missing anything. There is no valid reason to go K1 at this point. Plus, just out of curiousity, would you then have another marriage ceremony after the K1 was approved?

3) I had read somewhere that the I-130 had to be submitted in person, but I just read in a guide here that it can be mailed to Chicago. Is this true? Can I mail the forms internationally (that is, from Costa Rica, e.g., by DHL or UPS)?

Yes, you can mail in the form.

4) What about the consular route - does anyone have experience filing from outside of the States? In our situation, we're living in a third country, which I assume complicates matters. Also, we will only be at our current address through mid-August - if the paperwork takes longer we'd be in trouble.

You may want to check out the Direct Consular Filing Forum - it's very common to file DCF. It doesn't complicate matters and in fact DCF can sometimes be a lot faster. As you mention though, the fact that you will be moving (leaving the country?) in August, might or might not be a problem. Most consulates have a residency clause when it comes to filing. They may require that you have a visa that allows you to stay in the country for x number of months after applying. I'm not sure what the prerequisite is for your Husband's country. Perhaps someone else will come along and answer that or you can contact the consulate directly and ask.

5) Re: demonstrating a bonafide marriage - We're living together in a house in Costa Rica, but I don't have an official lease - the landlord just gives me a handwritten receipt each month. Would this be sufficient? Could I make something up and ask the landlord to sign it? Does anyone have experience with this? I also have bills from the biological station where we both work, and could have both of our names put on it - do you think this would help?

Everything helps. The fact that you live at the same place helps. Do you have a joint bank account? Joint Bills?

6) Re: Affidavit of Support - I'm a graduate student, and for the last two school years I've received a fellowship stipend which is well over the 125% requirement, but isn't taxable, so I haven't reported it on my tax forms. I have bi-weekly pay stubs, and could also get a letter - and maybe even an Accounts Receivable statement - from my university attesting to my income. Would this be sufficient?

This will all help but more importantly, what will your income be when you file? You will also need to prove 'domicile' in the U.S.

This thread might help clarify that a bit.

Good luck!