I'm confused.... Should we file for a K3 or CR-1

[confused_girlie 0]

My partner is a US citizen, I am a European citizen....

I am trying to work out if I would need to file for a K3 or a CR-1?

Are there any major differences in the two?

I have read on the US embassy website, and I can't seem to see what I'm looking for... maybe I'm completely missing something?!?!

Thanks in advance!

[YuAndDan 153]

This is a VERY common question and topic.

CR-1 or IR-1 is what you start filing for when you are doing a K-3.

You file an I-130 for the CR-1 or IR-1, and then later when you have NOA1 for the IMMIGRANT visa you then file an I-129F for the K-3 (OPTION). Simply do not file the I-129F to follow the CR-1/IR-1 path.

If considering K-3, Consider the CR-1.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($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 am 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.

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.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.