Some questions regarding CR1

[Chris & Mara 0]

Good morning all.

I was just hoping to have some questions cleared up about the CR1 visa. I know i might sounds like a might of a newbie in here, but we (my fiance and I) know USCIS very well, as my timeline kinda points out. Sadly we are at the point of so much frustration with the system that we are looking at alternative arrangements.

A bit of background first.

I (Australian citizen) am currently staying with Chris (US Citizen) in the USA, we applied for our fiance visa (K1) 13months ago. It has been screwed around by USCIS, expedited, lost twice, into court twice and frankly going nowhere. So we were considering getting married in the next couple of weeks and applying for a spouse visa, before you get all excited yes I will be exiting the USA on the 27th of October no matter what as that is when my visa expires. If we were to marry and I stay, they would have us for visa fraud in AoS, even though all we want is to get on with our lives....

Onto my questions.

Application of the K3 and CR1 visa are one in the same, and thus require the same forms, and checks right? However I can drop the K3 during the process as lately the CR1 has been faster, and more appropriate (come in with work rights extra)?

From what I have been seeing looking around at the moment the time from NOA1 - NOA2 seems to be around the 3 month mark, how long should i expect that the process will take?

Is this one done mostly through USCIS like a K1?

And if i choose this route over K3, am I making a better choice for my situation? (i know that seems like a dumb question but any insight would be wonderful).

Thank you anyone who takes the time to read this and reply I really appreciate any help anyone can give us at this stage.

- Mara

[ao_cons 1]

So sorry to learn about your woes with the USCIS, Chris & Mara.

We used CR1 and have no regrets about it. Took us about 9 months. You can go faster if you follow the "Flying Through NVC Guide" to the letter. The good thing about CR1 is once you're in the US, that's it. You pretty much have nothing else to do for almost 2 years.

From what I understand, K3 is same as CR1 with the added benefit of being able to come to the US sooner and finish the process there. But then you'll have more to do. I'm not sure about the details but I've read a couple of times here the CR1 and K3 overlap for some reason and it's just more money spent. (Please someone clarify since we have no experience with K3.)

CR1 deals with USCIS first, then NVC, then USEM, and then USCIS again for the green card (in the US).

Before you marry and file for a new petition, you must be sure about the status of your K1. I don't know if you can have two pending petitions at the same time. Are you going to withdraw your K1 before filing CR1 or K3?

We understand the stress you're in. We've all been through something similar. So hang in there!

[christeen 966]

The K3 was introduced when the peititions were taking years to be approved. Nowdays, the process has gotten so streamlined that the K3 and CR/IR takes about the same amount of time... The K3 however requires that you adjust status after your spouse has gotten in the US whereas the CR/IR gives the spouse the Green Card and right to work upon entry...

They now take nearly the same amount of time but the K3 costs significantly more, thus the K3 has become nearly obsolete... However, you are free to file both (paying the filing fees) and see what comes out sooner???

[Chris & Mara 0]

We intend to withdraw our our K1, in fact if our lawyer would answer his phone he would know that...

Is the filing for the CR1, much different to the K3 if that is the case with the costs? I was under the impression that both were automatically filed together if you file either.

[BRB 6]

We intend to withdraw our our K1, in fact if our lawyer would answer his phone he would know that...

Is the filing for the CR1, much different to the K3 if that is the case with the costs? I was under the impression that both were automatically filed together if you file either.

[/quote

You need to file the I-130 form for the CR-1 when you get an NOA-1 for it you can submit the I-129 for the K3 for no additional cost. With the I-130 you will need to provide support of Bona fide marriage and relationship. I think if you marry in the US you have your interview in the US . If you marry in your country you would interview at the embassy there. There are others who can tell you more about the process if you marry in the US.

[christeen 966]

After USCIS the cost for the CR1 is $470 plus the medical... The K3 requires and adjustment of status and I think the total cost is like $1010 (someone from K3 can tell you that figure more exactly)....

[imaisha 0]

I think if you marry in the US you have your interview in the US . If you marry in your country you would interview at the embassy there. There are others who can tell you more about the process if you marry in the US.

No. If you marry in the U.S. the K-3 interview will be in the country in which the intending immigrant resides.

You cannot apply for a visa from within the U.S.- a visa is permission to enter the country.

[Chris & Mara 0]

Thank you all for the answers I really appreciate it

[ao_cons 1]

C&M, it might be better for you to post your K3-related questions to the K3 visa forum. You'll get more accurate answers there I believe. Good luck to both of you!

[Peter&Jaime 1]

Good morning all.

I was just hoping to have some questions cleared up about the CR1 visa. I know i might sounds like a might of a newbie in here, but we (my fiance and I) know USCIS very well, as my timeline kinda points out. Sadly we are at the point of so much frustration with the system that we are looking at alternative arrangements.

A bit of background first.

I (Australian citizen) am currently staying with Chris (US Citizen) in the USA, we applied for our fiance visa (K1) 13months ago. It has been screwed around by USCIS, expedited, lost twice, into court twice and frankly going nowhere. So we were considering getting married in the next couple of weeks and applying for a spouse visa, before you get all excited yes I will be exiting the USA on the 27th of October no matter what as that is when my visa expires. If we were to marry and I stay, they would have us for visa fraud in AoS, even though all we want is to get on with our lives....

Onto my questions.

Application of the K3 and CR1 visa are one in the same, and thus require the same forms, and checks right? However I can drop the K3 during the process as lately the CR1 has been faster, and more appropriate (come in with work rights extra)? Applying for the K3 requires you to send another form in after you receive confirmation of receipt of the I-130. I don't know the entire process for the K3 however I do know that you can drop either the K3 or CR-1.

From what I have been seeing looking around at the moment the time from NOA1 - NOA2 seems to be around the 3 month mark, how long should i expect that the process will take? This depends on where your petition is sent, California or Vermont. There is no guarantees and your petition can be approved in a few days or up to one year. There are many people who have been waiting many months for an approval

Is this one done mostly through USCIS like a K1?

And if i choose this route over K3, am I making a better choice for my situation? (i know that seems like a dumb question but any insight would be wonderful). I think only your lawyer can tell you that.

Thank you anyone who takes the time to read this and reply I really appreciate any help anyone can give us at this stage.

- Mara

Mara,

My husband came on the Cr-1 Visa path about 6 months ago. I highly recommend that you do it. Overall it is cheaper then the K-3, takes about the same time as the K-3, but the Cr-1 has more benefits. Basically what happens when you apply for a CR-1 is that you fill out an I-130 and all requested documents and send them to the USCIS. They take their sweet time and then when they approve you they send your case to the NVC. The NVC can take any where from 2 weeks to months depending on your situation and if you have your documents ready. Once it has been approved it will go to your embassy where you will have an interview. Juding from your case you might be able to apply for an expedite of the case.

Once you are in the United States you can work, go to school, get a license and you will not need to deal with the USCIS for two years when you apply for your 10 year green card. From my understanding with the K3 you can not work, go to school, or get a license until you have ajusted status which takes months and costs over $1000. Personally if I were you I would pick the CR-1 just so I wouldn't have to deal with the USCIS for another 2 years. You have been through a lot and it says alot about a relationship when two people can endure such troubles and an extended period seperated. Good luck in your process.

[mrsemcee 1]

hi there, i am an Aussie (from Melbourne) and my NOA1 to NOA2 took only 69 days.

i have since had my medical in Melbourne and am awaiting the final IV package from NVC to be paid for and sent off (i have been following the quick guide the whole way through so have had every packet ready when they wanted them) and then i will wait for an interview in Sydney which i am told averages between a 4 - 6 week wait once the case is at Sydney.

in total, i am guessing it will have taken us about 4 - 5 months to complete the process.. depending on how quickly my inteview comes

the great thing about the CR1 is that i will be able to work when i arrive, once i have my SSN.

[Peter&Jaime 1]

hi there, i am an Aussie (from Melbourne) and my NOA1 to NOA2 took only 69 days.

i have since had my medical in Melbourne and am awaiting the final IV package from NVC to be paid for and sent off (i have been following the quick guide the whole way through so have had every packet ready when they wanted them) and then i will wait for an interview in Sydney which i am told averages between a 4 - 6 week wait once the case is at Sydney.

in total, i am guessing it will have taken us about 4 - 5 months to complete the process.. depending on how quickly my inteview comes

the great thing about the CR1 is that i will be able to work when i arrive, once i have my SSN.

Very lucky to get an approval in only 69 days, but you are at the California center. Most likely if the OP gets married and submits an I-130 then she will be waiting at Vermont for 4-6 months. It sucks but that's how it is. In the fall Vermont slows down and in the spring gets faster it's a trend that happens every year. I would guess based on your information on the wait at the Sydney embassy that the OP is looking at about 5-9 months to get the Visa if everything goes well.