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Filed: K-3 Visa Country: Canada
Timeline
Posted

Hi everyone! Our k-3 and I-130 were both approved. Our lawyer told us to file for both and whichever one comes first just go with that one. So we sent the forms in for our k-3 (on the form the consulate send us that our interview wait time is 4-6 months in Montreal). We sent the forms in thinking that the I-130 interview date would hopefully be sooner and we could just go with that. Now our lawyer is telling us that we need to wait to be done with the K-3 and then file AOS for the I-130. Just wondering if anyone knows what we should do. We have been in this process for almost a year and I really don't want to wait another 4-6 months for an interview. What are our options?

Thanks!

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
Hi everyone! Our k-3 and I-130 were both approved. Our lawyer told us to file for both and whichever one comes first just go with that one. So we sent the forms in for our k-3 (on the form the consulate send us that our interview wait time is 4-6 months in Montreal). We sent the forms in thinking that the I-130 interview date would hopefully be sooner and we could just go with that. Now our lawyer is telling us that we need to wait to be done with the K-3 and then file AOS for the I-130. Just wondering if anyone knows what we should do. We have been in this process for almost a year and I really don't want to wait another 4-6 months for an interview. What are our options?

Thanks!

Approval for K-3 and CR1/IR1 VISA is almost same (may be 2-4 weeks different), so I would suggest going for I-130 and complete your NVC journey.

For K-3 visa you need to do “adjustment of status” later in US and paying more money, dealing with USCIS again, spending more time for GC plus paying more money to lawyer. But obvious choice is yours.

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

Posted
Hi everyone! Our k-3 and I-130 were both approved. Our lawyer told us to file for both and whichever one comes first just go with that one. So we sent the forms in for our k-3 (on the form the consulate send us that our interview wait time is 4-6 months in Montreal). We sent the forms in thinking that the I-130 interview date would hopefully be sooner and we could just go with that. Now our lawyer is telling us that we need to wait to be done with the K-3 and then file AOS for the I-130. Just wondering if anyone knows what we should do. We have been in this process for almost a year and I really don't want to wait another 4-6 months for an interview. What are our options?

Thanks!

Approval for K-3 and CR1/IR1 VISA is almost same (may be 2-4 weeks different), so I would suggest going for I-130 and complete your NVC journey.

For K-3 visa you need to do “adjustment of status” later in US and paying more money, dealing with USCIS again, spending more time for GC plus paying more money to lawyer. But obvious choice is yours.

I am not a lawyer and I do not claim to be an expert. I can only speak from my experience.

I agree with the comments above from Jodie. The timeframes are close for both. But there are more benefits of getting the CR1/IR1 over the K3 i.e. your spouse can work upon entry into the US. It is cheaper.

Most importantly, if you can read and write english well and have access to a computer, then I would ditch the lawyer. I got a few quotes before going through the process and the fees were exhorbitant. Also I have read others experiences going though lawyer...not encouraging. Alot of people have gotten through the process with the assistance of this website quite successfully.

Goodluck

Cheers,

USCIS JOURNEY

14-Sep-08 Sent I-130

23-Sep-08 Recieved NOA1

28-Oct-08 Received NOA1

09-Feb-09 Received RFE for I-130

16-Feb-09 Sent Evidence for I-130

26-Feb-09 Received email NOA2 Approved!

28-Feb-09 Received Approval notice for I-130

NVC JOURNEY

12-Mar-09 NVC Received File

17-Mar-09 Emailed DS 3032 to NVC

28-Mar-09 Received DS3032 and AOS Bill via email

28-Mar-09 Paid AOS Bill online - Status = In Process

29-Mar-09 Emailed scanned DS3032 & posted via snail mail

30-Mar-09 Received email that DS3032 was received by NVC and that IV Bill will be sent

31-Mar-09 Paid IV Bill

31-Mar-09 AOS Bill Status = PAID !!!

06-Apr-09 Hubby posted DS230 and AOS priority and certified

08-Apr-09 @11:04am - Item Delivered PORTSMOUTH NH 03801 04/08/09 11:02am

10-Apr-09 NVC AVR states documents received

17-Apr-09 AVR states Case Complete at NVC!!!

21-Apr-09 Expedite request approved

24-Apr-09 Case sent from NVC to Sydney Consulate

29-Apr-09 Medical Appointment - Passed, YIPPEE and Thank You God !

05-May-09 Interview scheduled at Sydney Consulate APPROVED!!!

16-May-09 - Arrived in USA!!!!

20-May-09 Got my SSN.

Filed: K-3 Visa Country: Canada
Timeline
Posted

Our lawyer didn't tell us that the k-3 is more money than the cr-1. Is there any way to stop the k-3 (we have already sent in our documents) and just proceed with the cr-1? Will they still process the cr-1 even though the k-3 is being processed or do they wait until the k-3 is completed?

Thanks for all your help!

 
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