I-130 and K-3

[waiting4approval 2]

so I filed for I-130 in 2006 and then 1-129F (k-3) for my husband in 2008.. they both got approved from USCIS on March 20hth 2009.. I never received the har copy or email notification for K-3 but today my husband received the paper work from NVC (NVC Case #) back home- now we are not sure if we can pursue both at the same time? If yes, how does it work? I know K-3 is quicker to obtain but I have heard that its a lot of work once theperson is in the US as opposed to I-130..c an anyone please shed a light on it?

What are the pros and cons for both and how do we pursue both, if posisble?

[No-Where-Man 147]

so I filed for I-130 in 2006 and then 1-129F (k-3) for my husband in 2008.. they both got approved from USCIS on March 20hth 2009.. I never received the har copy or email notification for K-3 but today my husband received the paper work from NVC (NVC Case #) back home- now we are not sure if we can pursue both at the same time? If yes, how does it work? I know K-3 is quicker to obtain but I have heard that its a lot of work once theperson is in the US as opposed to I-130..c an anyone please shed a light on it?

What are the pros and cons for both and how do we pursue both, if posisble?

no one can determine which is faster now

earlier the K3 faster

not its not anymore

the K3 problem is upon arrival to the states u need to file (adjustment of status ) that cost nearly 1000$ (and to wait )

beside u cant work unless u have employment authorization ...bla bla bla

while I-130 get u in the states and ur green card mailed with ur ssn if u choosed to in a month max ...and u can start working and do whtever u want

with all the means ..go with I-130 ..much better visa and entry to the states

Good Luck and Congratulations after such long time

[waiting4approval 2]

What are the pros and cons for both and how do we pursue both, if posisble?

no one can determine which is faster now

earlier the K3 faster

not its not anymore

the K3 problem is upon arrival to the states u need to file (adjustment of status ) that cost nearly 1000$ (and to wait )

beside u cant work unless u have employment authorization ...bla bla bla

while I-130 get u in the states and ur green card mailed with ur ssn if u choosed to in a month max ...and u can start working and do whtever u want

with all the means ..go with I-130 ..much better visa and entry to the states

Good Luck and Congratulations after such long time

oh god I am so confused- his K-3 visa file is already at the embassy- I am this close to go ahead with it just so he would be here quicker!

my concern is if he is scheduled for K-3 interview soon.. does he have to pick and choose one?!?! if he chooses K-3 and they put him on admistrative processing.. does that cancel the I-130 interview???

ps: At this point, I wont care about money but definitely emplotymenta nd such would be the concern.. any idea how long it takes for adjustment of status and employment authorization?

[Terca 6]

go with I-130 ..much better visa and entry to the states

Good Luck and Congratulations after such long time

You guys are refering to the CR-1 or IR-1 visa... Remember that the I-130 is just the petition to apply for the visa...

[Terca 6]

Well if being able to work soon is of concern to you then why not go the CR-1 way? your SO will enter the US and be able to work right away.

I really do not know how long the Adjustment of status takes. I have read though that many VJ members who have been approved for both and have a scheduled interview for the K-3 do a switch around. Apparently you can request your k-3 interview to become a CR-1 interview if all the paperwork was completed for the CR-1 also.

[majca 0]

Hi there,

I entered US by a K3 visa also last year.Its true that k3 visa is a lot quicker to bring someone at my time but i dont know now.How long did you go with the I-130 already?they will not do anything if he will choose k3, its up to u guys what do u want to choose.And its true that K3 visa holder is a lot of paperworks and a lots of money to spend when in the US already but its ok though if you want him now.

As you said money is not an issue.K3 visa holder should file employment authorization(work permit) first before he/she can get SSN.I didnt file my Adjustment of Status yet but some says it takes a year but i dont know, working permit will take 2 to 3 mos.And its up to you if you want to file the working permit along with Adjustment of Status you will pay $1010 but if you want him to work first b4 filing the Adjustment of Status you need to pay $340(working permit) separately and then when you file the adjustment already you need to pay $1010.

I hope this help....

[chinese_mutt 11]

K3 too much money.

Cr1 takes a bit longer, or so they say.

I heard that you can pursue both at the same time, then switch to CR1 interview when your paper is in the Embassy already.

It depends on your situation really. Like me, I don't mind getting K3 coz I can't really work yet. (can't because I have to help hubby with business). I heard some who went on a K3 wasn't able to work for 5 months, read it somewhere here.

What bothers me is that we have to file all those paperworks after I get there if I get there with a K3 since hubby's business requires constant travelling.

I'm still not sure on which to pick.

[waiting4approval 2]

Thanks everyone, it always helps to hear first hand experience because thats actually what happens to most cases anyway- I am thinking about going ahead with both K-3 nad IR-1 for now and if IR-1 is really behind before he gets scheduled for K-3 interview then we may go for it. We are a lil bit hesistant about K-3 just because all that wait and paper work that comes with it once he is in the US.

I need to know a lil bit more about switching the K-3 interview to IR-1 so I am goig to ask for an opinion from my boss' daughter who is an immigration lawyer- lets see what she suggests before I decide to abandon or pursue K-3!

[Waheed and Kris 0]

I am very confused here. You have already started the (I-130) CR1/IR1. You have already paid the I864 bill and you have already sent your DS 3032 to the NVC. If your timeline is incorrect and you havent done these things yet .... You should call the NVC to find out if you even have an OPTION. It sounds to me like the NVC has already made this choice for you. If you were K3.... your case would have been forwarded to the embassy and you would not have received paperwork from the NVC.

Our case is K3 and we NEVER received this paperwork from the NVC.

Now about a K3 being faster than a CR1/IR1.... look at my timeline. Most Pakistani males go through AP (Administrative Processing). Now, some have gotten lucky and avoided a lengthy AP. At this point, K3 visa is not any faster for a pakistani male.

Something else to consider.... With a K3 you will have to pay $1010 USD for AOS and EAD upon arrival to the US. With CR1/IR1 you will have not have that extra expense and your husband can begin employment immediately after arrival to the US.

If your timeline is incorrect and you have not already begun the CR1/IR1 process then you need to make a phone call

peace

~kris

[12345678 1]

I would really suggest u to pursue both....Today is 11th...try to complete ur IR1 case by May 7th, and then u will be scheduled for an interview for June.

At the same time, submit the forms and papers as per the embassy's instruction for K3 and u may get an early interview date, like end of April date. If this is done with K3 and u are done with ur IR1 before the date of K3 interview, u can have ur IR1 interview at the scheduled K3 interview date.

But, Pakistani males tend to face AP more than any place in south asia I would say.... So, considering this fact, U must go for the IR1. You have to have this consideration that he might be put on AP which kills a lot of time. So, this time will only be worthed if he can save some time and money for getting his green card....

Good Luck...

Sonia

Edited April 11, 2009 by soniasharmin

[waiting4approval 2]

Waheed and Kris.. As I mentioned earlier, I applied for IR-1 in 2006 and for K-3 in 2008.. both of these cases were approved at the same time on March 20, 2009 but I didn't know about k-3 until my husband received the package from the embassy.. I was just getting my work done for IR-1.. I am very scared of AP process for him because we have been already married for 4 years and living away from each other-we are holding on to having kids and I am sick and tired of living alone in the US now..If I have to do it for more than six months, I am over and done with the process..

I have called NVC asking about two cases and how to proceed further.. she recommended K-3 but does that mean that they will stop pursuing my K-3 even though I didn't make a final choice on phone and I just wanted some information?? I hope not because I am leaning more towards IR-1 because looks like the interview time difference may not be more than a month or two!

Soniasharmin... Thank you so much for giving me a deadline.. I am ready with my docs, just waiting for I-864 package and bill so I can send that out.. I may call NVC again to confirm that I am pursuing IR-1 in case they have put on hold on it or something like that... I really hope and pray that he doesn;t have to go through the AP process.. Its been too long now!!

[waiting4approval 2]

I do have another silly questions.. here is a scenario, supposedly, he has an interview for K-3 in May and they put him on AP but if he is sheduled for an IR-1 interview in June, would they actually conduct that interveiw or it would be automatically withdrawn and we will have to wait for AP after K-3?

Any idea?

[12345678 1]

One silly answer...u really don't appear for K3.....use K3 only to get a better date....

I have not seen many ppl in this situation....in such case...morelikely one would try to postpond the K3 interview, and wait for IR1 to be completed...

And my question is... Lets say... Ur k3 interview is on May 25 and ur IR is on June 12...Why would u go for K3? What is the reason?

In such case, try ur best to complete the IR1 at NVC as soon as possible and ask them to forward ur case to embassy b4 K3 interview. Remember, once ur file is in the embassy premises, they can issue u IR1...but it is entirely on their hand if they would strictly maintain the interview dates or not.

I KNOW THIS IS NOT THE ANSWER TO UR QUESTION. But don't make things so complicated...concentrate on the following facts.......

1. Send the instruction package to embassy so that embassy schedules a date for u.

2. Try hard to complete ur case (with no RFE) perfactly and by the first week of next month.

3. If u get a k3 interview scheduled earlier than the IR1 - then flip the interview with the embassy's consent.

4. In case u can't flip, then avoid K3 and go for IR1 interview.

Worst Case Scenario

YOU GET A RFE AT NVC FOR YOUR IR1

Go for the K3 if the interview is scheduled.

Best case of worst case scenario

Husband got approved without an AP, he will fly to US, or can wait for the IR1 (I guess)

Worst case of worst case scenario

If put on AP, and u r done with the IR1 @ NVC then ask the embassy for a IR1 stamp (not sure cuz unusual case....)

I may be wrong, please correct me ..... but moreless.. this will be the over all situation.... However, easy and simple way is to go with IR1 whatsoever........

Sonia

[waiting4approval 2]

Sonia.. you are such a sweetheart.. you have simplified things for me as much as possible!!

If I get scheduled for both cases, I would go for IR-1 Only even if its two/three weeks after K-3 and as you mentioned if everything is clear for IR-1, will definitely try to switch the K-3 to IR-1.

I am scared of AP just because I went through a background check here in the US for three years when I applied for my citizenship in 2005.. I went through one just because of the immigration officer I got- eveyrtime I called or made an infopass appointment, I was told that the "background check is clear but the officer is reviewing teh file" at one point I was told that they have lost my file somewhere.. anyway, I ended up hiring a lawyer and within two weeks I was scheduled for an oath ceremony.. didn;t even have to go to the court or such so I am just fearing the worst for him too! May be he wont even go through it at all!!!

Thank you so much for your advice/suggestions.. as soon as I hear back from the immigration lawyer that I have sent an email to, I will post her reply here too which might be useful for other people if they ever go through such a predicament!

[waiting4approval 2]

Another question for people who pursued both IR-1 and K-3 at the same time.. both of these applications require the original docs.. so how did you deal with that? I can't send orginal documents to both of at the same time so what can I do about it?

Please do share!