What happens when you're in the K3 Process ...

[verde 0]

We're in the middle of the K3 process. My husband just had his first Interview. They sent him home with a blue form asking for I-864s, versus I-134s, but still titled everything "K3". I have since come to find out that the Embassy has been in possession of our CR1/I-130 packet from the NVC since before our K3 appointment. Once we are approved, will we be issued a K3 or a CR1? We've paid all of the fees for both visas, and submitted all documents for both visas. However, the Embassy continues to use our K3 case number, and has not mentioned switching to a CR1.

Can anyone advise me as to what I should do? I'd rather get a CR1, but don't want to go back to square 1. I am really confused as to how this works!

Thanks so much,

Lori

[verde 0]

I read this, which was posted by EWOK:

As a note: This visa option is automatically applied for by K-3 applicants when they file the I-130 (part of the K-3 process). Historically the K-3 was used to allow the US Citizens spouse to enter the US faster than waiting for the I-130 to be approved (since that used to take a long time). Recent reductions in processing times have allowed I-130's to be approved quick enough that the IR1/CR1 visa process has been a quicker and better option for K-3 applicants. If this happens the K-3 applicant can abandon the K-3 route and persue the IR1/CR1 instead.

But the Embassy has discouraged me from "switching" to a CR1, and other posters have said that once our I-130 is at the Embassy, we are no longer eligible for a K3 Visa anyway.

I just don't know where to turn, as I get conflicting information everywhere I turn.

Even the Chief Consular at the Embassy asked me why I'd want to go with a CR1.

What do I do? Where do I turn for valid, consistent information?

[Darnell 8,478]

I monitor the China/GUZ flow, so my comments might be specific to GUZ.

The USC has a RIGHT to have BOTH petitions finally adjudicated at the Consulate.

The K-3 , historically, has been faster in processing duration (filing to interview date ) than the I-130/CR-1.

That's not the case, mostly, these days, as there's about a 1 to 3 month 'lag' on the CR-1 showing up at the Consulate; as opposed 4 to 18 months delay.

There's been a few folksen who went through BOTH at GUZ, but @ 4 to 11 month time difference on the interviews. The couple used the initial K-3 visa to easily travel back and forth between China and USA, then the final CR-1 (usually now flipped to an IR-1 because of the time lag ) interview being months later.

There's also been a few folks, going through BOTH at GUZ, who were DENIED on the K-3, and then APPROVED on the CR-1. So far, you've not been denied, you've been 'blue-slipped (request for more evidence ) and given an opportunity to present more evidence. The sad bit is that your husband had all the evidence they needed in his portfolio that he brought in on interview day.

There is nothing 'automatic', IMO, about flipping a K-3 interview into a CR-1/IR-1 interview. IMO, it's SOLELY at the choice and discretion of the Consular Staff. Perhaps prior folk saw it as an 'automatic' thing, but it's really not.

Remember, at a consulate, the two petitions will be handled seperately, initially.

I have seen a few cases at GUZ , though, where not only was the K-3 denied on 'not a bonafide relationship', but the incoming I-130 was 'held' by the consulate , bundled up with the K-3, and sent back to USCIS. So, really, it all depends on 1) The local policies at the Consulate 2) how close or loose they follow 9FAM , the Consular Manual, and some other fed guidelines and 3) the knowledge of the reviewing staff.

But - maybe my POV is too myopic, too focused on GUZ, to be useful to YOU... GUZ is NOT UAE, so I'm trying hard to NOT COMPARE the two consulates with their internal procedures. One example though - you've been able to talk with Consulate staff via telephone - it's ALMOST IMPOSSIBLE to do this for GUZ.

Hopefully others will chime in, yes?

Edited November 16, 2009 by Darnell

[k.loveh 0]

I read this, which was posted by EWOK:

As a note: This visa option is automatically applied for by K-3 applicants when they file the I-130 (part of the K-3 process). Historically the K-3 was used to allow the US Citizens spouse to enter the US faster than waiting for the I-130 to be approved (since that used to take a long time). Recent reductions in processing times have allowed I-130's to be approved quick enough that the IR1/CR1 visa process has been a quicker and better option for K-3 applicants. If this happens the K-3 applicant can abandon the K-3 route and persue the IR1/CR1 instead.

But the Embassy has discouraged me from "switching" to a CR1, and other posters have said that once our I-130 is at the Embassy, we are no longer eligible for a K3 Visa anyway.

I just don't know where to turn, as I get conflicting information everywhere I turn.

Even the Chief Consular at the Embassy asked me why I'd want to go with a CR1.

Perhaps the Embassy requiring you to submit the I-864 is 'because' of their having knowledge and possession of your CR1? The Embassy's are known for their elusiveness at times when replying to inquiries, so try not to over stress about it. Also, even if it doesn't specifically state on your blue slip to submit additional evidence that you deem would be benefificial to your case, do so anyway if there's anything at all you can add to support your case.

And why do you say 'first' interview? Has the Embassy informed your husband that he'll be scheduled for a 2nd one?

Edited November 16, 2009 by k.loveh

[pushbrk 12,882]

We're in the middle of the K3 process. My husband just had his first Interview. They sent him home with a blue form asking for I-864s, versus I-134s, but still titled everything "K3". I have since come to find out that the Embassy has been in possession of our CR1/I-130 packet from the NVC since before our K3 appointment. Once we are approved, will we be issued a K3 or a CR1? We've paid all of the fees for both visas, and submitted all documents for both visas. However, the Embassy continues to use our K3 case number, and has not mentioned switching to a CR1.

Can anyone advise me as to what I should do? I'd rather get a CR1, but don't want to go back to square 1. I am really confused as to how this works!

Thanks so much,

Lori

You are in that situation, so what happens in your case in UAE is what's important, not how other Consulates handle similar situations. Not all bureucrats know or follow the same rules and guidelines. For the umpteenth time, your situation is one where there is nothing for you to do now but wait until the Consulate informs you of their decision.