When is K-3 canceled in favor of CR-1?

[zixuandavid 0]

The k3 is not necessarily cancelled in the way that maybe most are thinking...

If the CR1 gets to post, then the two cases are combined, and the CR1 becomes the default [visa issuing] case, unless they are told otherwise. Meaning, after they are combined, if one asked at the interview to be issued the K3 instead, the consulate can do that...

I would be interested to know where you seen this information or how you came to this conclusion.

The K-3 visa is only for the purpose to be able to enter the US to await the approval of an I-130 and to persue the immigrant process once one has entered the US. If an approved I-130 reaches the consulate post prior to a K-3 interview it completely overrides the approved I-129F and the applicant will be processed for the CR-1 immigrant visa. If you do a search on the various US Consulate sites you will also note this stated.

The source was the US Consulate in Guangzhou... We have a CFL subforum for the Consulate and they answer questions almost daily. I should of been more careful in the statement and said that one consulate has stated as such. The 'combining of cases' aspect made sense since they will apply a namecheck result for the K3 to the CR1 case, once it [CR1] gets to post.. [again, from the horse's mouth]...

I think that most sites will state that the CR1 takes over since there appears very little reason to issue the K3 instead... but according to the consulate, if one wanted the K3 issued they could request it at the interview.

[ Disclaimer: Keep these comments in the context of the US Consulate in Guangzhou. I don't have any evidence from any other consulate around the world that they also do this. ]

[Yodrak 7]

zixuandavid,

What indication is there that the request would be granted? Are you making the assumption that they wouldn't say the request could be made unless there was a possibility it could be granted?

My general observation is that consulates often give very broad, very general answers to questions, sometimes implying that something is possible even though as a practical matter it isn't going to happen except perhaps in some very unique circumstance.

Yodrak

The k3 is not necessarily cancelled in the way that maybe most are thinking...

If the CR1 gets to post, then the two cases are combined, and the CR1 becomes the default [visa issuing] case, unless they are told otherwise. Meaning, after they are combined, if one asked at the interview to be issued the K3 instead, the consulate can do that...

I would be interested to know where you seen this information or how you came to this conclusion.

The K-3 visa is only for the purpose to be able to enter the US to await the approval of an I-130 and to persue the immigrant process once one has entered the US. If an approved I-130 reaches the consulate post prior to a K-3 interview it completely overrides the approved I-129F and the applicant will be processed for the CR-1 immigrant visa. If you do a search on the various US Consulate sites you will also note this stated.

The source was the US Consulate in Guangzhou... We have a CFL subforum for the Consulate and they answer questions almost daily. I should of been more careful in the statement and said that one consulate has stated as such. The 'combining of cases' aspect made sense since they will apply a namecheck result for the K3 to the CR1 case, once it [CR1] gets to post.. [again, from the horse's mouth]...

I think that most sites will state that the CR1 takes over since there appears very little reason to issue the K3 instead... but according to the consulate, if one wanted the K3 issued they could request it at the interview.

[ Disclaimer: Keep these comments in the context of the US Consulate in Guangzhou. I don't have any evidence from any other consulate around the world that they also do this. ]

Edited June 30, 2006 by Yodrak

[zixuandavid 0]

Hi Yodrak,

I can appreciate your question...

The consulate answers our questions daily on our website... the exchange is open but direct. We often ask very detailed questions in order to understand what they do and sometimes those answers are broad.

In the cases of our questioning about CR1 / K3 getting to post, they have been very direct with their answers so we understand how the case is treated by them. I would agree that to hear this is one thing and maybe to see it happen could be another. But all I have is their word to go on. Again, I don't think there is a very good reason to request the K3, but they said if someone did, they would be able to issue it.

Hope that helps.

david

zixuandavid,

What indication is there that the request would be granted? Are you making the assumption that they wouldn't say the request could be made unless there was a possibility it could be granted?

My general observation is that consulates often give very broad, very general answers to questions, sometimes implying that something is possible even though as a practical matter it isn't going to happen except perhaps in some very unique circumstance.

Yodrak

[Yodrak 7]

david,

Thanks for the additional explanation. Please let us know if you learn of someone who does this.

Yodrak

Hi Yodrak,

I can appreciate your question...

The consulate answers our questions daily on our website... the exchange is open but direct. We often ask very detailed questions in order to understand what they do and sometimes those answers are broad.

In the cases of our questioning about CR1 / K3 getting to post, they have been very direct with their answers so we understand how the case is treated by them. I would agree that to hear this is one thing and maybe to see it happen could be another. But all I have is their word to go on. Again, I don't think there is a very good reason to request the K3, but they said if someone did, they would be able to issue it.

Hope that helps.

david

zixuandavid,

What indication is there that the request would be granted? Are you making the assumption that they wouldn't say the request could be made unless there was a possibility it could be granted?

My general observation is that consulates often give very broad, very general answers to questions, sometimes implying that something is possible even though as a practical matter it isn't going to happen except perhaps in some very unique circumstance.

Yodrak

[sleeplessseattle 0]

i was actually in a situation where my k3 interview was set up and shortly after my 130 was approved for cr1 processing. at that time i was really confused about the 2. i ended up going for my k3 visa and entering the US on that, and held off on replying to the NVC notice i got for my 130 approval.

i entered the US on the k3 and filed for my AOS right away with the 485.. if that is the route you wish to take, you will then have to write a letter to the NVC telling them that you are in the US now on your K3 and wish to adjust your status through the 485 form. they will then send you a letter confirming they have received your request. They will hold your petition at the NVC until they are notified by the USCIS to return the petition to them. The K3 allows you to adjust status WITHIN the US and have your interview within the US. The CR1 requires you to have your interview outside the US and your consulate.

Either way, I think both time frames to getting your green card, whether itd be through k3 or cr1 is about the same. The only difference is that the cr1 route allows you to live and work in your home country while you wait and enter into the US as a permanent resident when your interview is complete and approved.

Hope that wasnt too confusing and helps you decide which way you want to go.

[hafiz 1]

i believe what the man is trying to state is the following. He has a inteview for k3 in july 10(not that far away). now if the I130 gets to the embassy while his k3 file is there, he will have his k3 cancelled.

he does not want to wait for filing out the whole packet 3 and other items required of I130 and wait for the interview(one person for pakistan got inteview date for NOV). He wants to bring his wife here now and then send her back for the other interview.

[Yodrak 7]

hafiz,

Note that in the case of the immigrant visa the I-130 isn't going to get to the consulate until the visa application ('packet 3') has already been made to the NVC. The DS-230 is already done, the affidavit of support is already done.

Yodrak

i believe what the man is trying to state is the following. He has a inteview for k3 in july 10(not that far away). now if the I130 gets to the embassy while his k3 file is there, he will have his k3 cancelled.

he does not want to wait for filing out the whole packet 3 and other items required of I130 and wait for the interview(one person for pakistan got inteview date for NOV). He wants to bring his wife here now and then send her back for the other interview.

[Artegal 1]

zixuandavid,

What indication is there that the request would be granted? Are you making the assumption that they wouldn't say the request could be made unless there was a possibility it could be granted?

My general observation is that consulates often give very broad, very general answers to questions, sometimes implying that something is possible even though as a practical matter it isn't going to happen except perhaps in some very unique circumstance.

Yodrak

I aggree with the consulates giving out general answers to questions. In my case where both the I129F and the I-130 arrived the same week at the consulate--the consular did NOT say "we will not process the K-3 period." What the consular did say was "we have two visas available: K3 and CR1, we will process the CR1 because the K3 is an inferior visa, is that okay?"

Now had we said: "No we want the K3!" I feel the consular would have said--"sorry but we are processing the CR1 only."

[hafiz 1]

lol this is the best response. lol. they will do what htey want you can go ###### yourself

[babybunny 2]

As I understand, both NVC and the Embassy will normally cancel the K-3 if the CR-1 is approved.

I would like to know when exactly that happens. In my case, NVC has already sent the K-3 file to the Embassy and the K-3 interview has been scheduled for July 10. The only thing remaining at the NVC is the DS-230. So I am wondering if I should send the DS-230 now, or if I should wait until after July 10.

If I send it now, and NVC does Case Complete before July 10, will they tell the Embassy to cancel the K-3? Or will they simply forward the CR-1 file to the Embassy and if the Embassy gets it before July 10 then the Embassy will cancel the K-3?

Basically, I don't want the K-3 to get canceled!

since we are from the same embassy. let me tell you whats going on..

we interview for the k-3 and sat on AR for 6 months. during that time the Cr1 reached the embassy

they cancelled everything. There was nothing I could do even thought we been waiting this chit

for more than a year. the k-3 saddly will cancell.

[morocco4ever 63]

OK, that makes sense

A lot of people don't plan as well as you do!

The K-3 is cancelled when the IV file gets to the Consulate. That won't happen before you are "case complete" at the NVC.

Happy travels!

Okay, now I have a strange situation, and I would love to hear some of our resident experts opinions on this. My husband had his interview for the CR1 in Aug of 2005. The case was sent back to the CIS for further review as it was stated. In the meantime the I-129f got approved and forwarded to the consulate. They scheduled an interview in February of 2006. I wrote them an e-mail explaining the CR-1 situation, I didn't want to waste their time and ours, but no response, so my husband went. They didn't interview him afterall, which is what we expected, and stated the CR-1 is pending. Okay, so far it sounds like it just slipped through, and should be cancelled. But my senators office called them and they told her that they are actually holding the K-3 pending the outcome of the review of the CR-1. #######?????

Okay, now of course I am just letting all of this ride because who knows what is going to happen in the end, but why didn't they just cancel it? Of course if given the choice at this point I would rather wait until our second anniversary in October and have him get the IR-1. I am going to be there for almost a month in Aug to Sept, so if it comes down to it I would rather just hold out and NEVER have to prove my marriage again!

Okay...long story...sorry. What I am wondering to our experts, why didn't they just cancel it??

[zixuandavid 0]

Here's my understanding.. based on many conversations with the US Consulate in Guangzhou about issues like this:

First, the case is not 'cancelled' as many keep saying... In an earlier post, I said the two cases are "combined", WHEN they are BOTH at the SAME post at the time of the interview.

I'll expand on this to situations where one is at post (the other is not), and one is returned from post (for possible revocation).

Just because one case (CR1) gets to post first DOES NOT END processing of the other case (ie: K3)... The only thing that will stop the processing of the K3 is the petitioner requests it or the CR1 visa is issued, or in case it slips through the cracks, no response for a year. The K3 keeps processing till it is no longer a viable/meaningful option or has run it's course (including a non-response).

Let's say that the CR1 case gets returned to the US for review... The K3 keeps processing till it gets to post. At that point, the cases are combined (since they are at the same post).

Let's take this example with a country where two posts can be involved, like China (Guangzhou & Hong Kong). This follows the principle that :

- The CR1 interview is conducted in the country where the alien resides (Guangzhou)

- The K3 interview is conducted in the country where the marriage took place (Hong Kong).

There can arise the situation where one post has returned a case (CR1) to the US for review, and the other post gets the K3 for interview. These two posts do not necessarily have contact with each other unless a strong reason exists; therefore the K3 interview can proceed... Strong reasons might include suspecting some fraud. One VO said: "Naturally, if an applicant has recently been refused for an immigrant visa elsewhere, this will likely lead to a line of inquiry in that direction.... "

OK, that makes sense

A lot of people don't plan as well as you do!

The K-3 is cancelled when the IV file gets to the Consulate. That won't happen before you are "case complete" at the NVC.

Happy travels!

Okay, now I have a strange situation, and I would love to hear some of our resident experts opinions on this. My husband had his interview for the CR1 in Aug of 2005. The case was sent back to the CIS for further review as it was stated. In the meantime the I-129f got approved and forwarded to the consulate. They scheduled an interview in February of 2006. I wrote them an e-mail explaining the CR-1 situation, I didn't want to waste their time and ours, but no response, so my husband went. They didn't interview him afterall, which is what we expected, and stated the CR-1 is pending. Okay, so far it sounds like it just slipped through, and should be cancelled. But my senators office called them and they told her that they are actually holding the K-3 pending the outcome of the review of the CR-1. #######?????

Okay, now of course I am just letting all of this ride because who knows what is going to happen in the end, but why didn't they just cancel it? Of course if given the choice at this point I would rather wait until our second anniversary in October and have him get the IR-1. I am going to be there for almost a month in Aug to Sept, so if it comes down to it I would rather just hold out and NEVER have to prove my marriage again!

Okay...long story...sorry. What I am wondering to our experts, why didn't they just cancel it??