Going from K-3 to CR-1/IR-1

[maracuyámor 1]

So as it has become quite obvious on this site, the CR-1/IR-1 seems to be the heavily favored route for obtaining a visa for a spouse. I agree it does make sense vs the K-3 route as far as AOS goes, money, not having to deal with USCIS for 10 years and possibly time. I have already filed the I-130 and received the receipt, however, I have also already sent out the I-129F a few weeks ago. I was determined at first to go the K-3 route, but am reconsidering the CR-1/IR-1 visa as I have yet to receive a receipt for the I-129F. Have I wasted time now since I received the I-797C for the I-130 and not started anything for the CR-1/IR-1? I'd like to say that I haven't since the CR-1/IR-1 application is started when the I-130 is approved, which won't be for quite a few months. So I guess I can just wait and see what application gets approved first, the I-129F or I-130. I might just end up calling in and canceling my I-129F application. In the meantime, I'll start getting documents ready for the CR-1/IR-1. I'm off to a great start as I already have my tax transcripts prepared as well as a zillion other documents to prove our loving relationship.

However, I have filed with an immigration office for the I-130 and they are included in the application as a representative. What I would like to do is just file the CR-1/IR-1 by myself without the immigration office because there is quite a plethora of information on here and support for the CR-1/IR-1. Will this be an issue though since I originally filed the I-130 with the immigration office? Worst-case scenario, will I have to re-apply for the I-130? I really hope that will not be the case. If it is, then I will just continue to use the immigration office throughout the process for any signatures I would need from them. I don't mind working with them since they are helping me for free but it is a long drive to their office and I feel really confident with obtaining the CR-1/IR-1 without any issues since my spouse has never been to the U.S. and neither one of us have had any criminal problems. Financially, I will probably apply for a co-sponsor but I am not worried about that either.

So I guess you have all convinced the burrito (stubborn) in me to go along with the CR-1/IR-1. Congratulations, haha. I suppose I will eventually call in and cancel the I-129F if it won't present any issues with my spouse's application to obtain a visa. I have looked online at the USCIS's website and it looks like the processing time for the I-130 and I-129F are both five months at the service center that I applied with, while the information used may be archaic, it would make sense that the I-130 will get approved before the I-129F, so why not just go the CR-1/IR-1 route, right?

One last thing and I will quote what is directly stated on this website under the "CR-1/IR-1 Guide":

"Also, if your relative is your wife or husband and you have been married for less than 2 years at the time of his/her arrival at a port of entry, then he/she will receive a temporary I-551 Stamp and then later a Green Card by mail good for only 2 years. Ninety days before the green card expires you will have to file an I-751 form to remove it's conditional status." I thought one of the conveniences of having the CR-1/IR-1 was not having to deal with USCIS for 10 years? Maybe I'm just reading the guide incorrectly or that this just strictly pertains to the I-130 and not the CR-1/IR-1. However, my spouse and I have been married less than two years so it would be nice to hear some input about this.

Anyways, I will leave it at that. Any advice, comments or input will be more than greatly appreciate from all of you! I know there is a big CR-1/IR-1 community here so I want you to go ahead and chime in! You should all be proud that you finally knocked some common sense into my head, haha! I will be going to the immigration office this Monday and I would like to tell them that I will be now going the CR-1/IR-1 route, without their help, but I REALLY want to read your comments on here before I make that decision! I will be checking this thread constantly before Monday, so PLEASE reply! THANK YOU SO MUCH!!!! HAPPY HOLIDAYS!!!!

Edited December 12, 2009 by maracuyámor

[Dakine 26]

If you guys have been married 2+ years when your wife gets to the POE then she'll get a IR-1 10 year visa.

If less a 2 years a CR-1 and she'll have to remove conditions 2 years later.

Won't have to adjust status like a K3 tho.

K3 has to adjust status [$1010] and remove conditions [$545}

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

Have fun!

Edited December 12, 2009 by Dakine

[mrs. wife! 3]

However, my spouse and I have been married less than two years so it would be nice to hear some input about this.

You don't need to cancel your I-129F. You can still use the K3 process and if your I-130 gets approved first you can do Cr1. Or if your I-129F gets approved before and you want to wait and do cr1 you can talk to them and drop the K3.

Ir1 is not eligible in your case, as you stated if have been married for less than 2ys.

[Malrothien 6]

However, my spouse and I have been married less than two years so it would be nice to hear some input about this.

You don't need to cancel your I-129F. You can still use the K3 process and if your I-130 gets approved first you can do Cr1. Or if your I-129F gets approved before and you want to wait and do cr1 you can talk to them and drop the K3.

Ir1 is not eligible in your case, as you stated if have been married for less than 2ys.

That is not quite true - it depends on how long the two have been married at the time of interview/POE.

[maracuyámor 1]

I apologize that I have not posted a time line yet, but we got married just last summer so I believe the interview/POE will be before our two year anniversary. As much as I would like not having to deal with USCIS for 10 years, I would most definitely prefer to have my spouse with me as soon as possible.

Thank you for everyone's input so far! Please continue to reply! I would still be glad to see some comments before or after this Monday.