K-3 or CR-1 - what is better option for us?

[Margit 0]

Hi all!

I think I read all the information that I was able find on the internet regarding K-3 and CR-1 but am still not sure which is the better, faster and safer option...by the way, I am in Germany, my husband is in the USA, he is US-Citizen.

Our situation: I went to the USA as a tourist last year. After two months we got married. AOS was not possible because we were not able to provide all the required papers, so I had to go back to Germany which now is 5 months ago. I overstayed my tourist visa 3 weeks.

In the meantime my husband got all the documents ready and could start filing. His lawyer seemed not to be sure about the best way to go.

I would like to ask you what you think is the better option for us from your experience. Of course I would like to go to the USA as soon as possible but I also want to be on the safe side. As far as I heard in other forums too, the timeline is almost same for both types. Would the CR-1 be the safer option for us in this case? We got married end of June 2009, so I think the 2 years should not be a problem.

Thank you very much for your suggestions!

Margit

[BRB 6]

You can file the I-130 for the CR1 and then when you get the NOA-1 you can file the I-129 for the K3 at no additional cost. I just did this dual route and you may get your visa 2 months quicker with the K3. I decided on the CR1 due to the fact it is an immigrant visa and not a non-immigrant visa. With the K3 there is additional things you have to do which will take up time and it costs a little more in the end.

I am not sure how it will be looked at that you overstayed your visa. You need to get some people to give you their thoughts on that.

[mrs. wife! 3]

You can file the I-130 for the CR1 and then when you get the NOA-1 you can file the I-129 for the K3 at no additional cost. I just did this dual route and you may get your visa 2 months quicker with the K3. I decided on the CR1 due to the fact it is an immigrant visa and not a non-immigrant visa. With the K3 there is additional things you have to do which will take up time and it costs a little more in the end.

I am not sure how it will be looked at that you overstayed your visa. You need to get some people to give you their thoughts on that.

I would definitely go CR1 instead of K3. I started the process doing K3 and then I figured that it's not worth it.

About the 3 weeks overstay I have a friend who went to CR1 interview and she had overstayed 1 month. The consul said that was not a problem, it would only be if it was more than 6 months.

Good luck!

ps - look this thread about cr1 and k3 -> http://www.visajourney.com/forums/index.php?showtopic=233044

[Penguin_ie 5,993]

There is no difference is speed with either visa, and both have the same requirements when it comes to previous overstays etc, so neither is "safer" than the other. Your overstay was short so hopefully won't be a major issue and just cause a few extra questions at the interview. I would recommend the CR-1 because it means once you get to the USA, you'll get an immediate greencard so you can work, and you'll be done with paperwork for two years, whereas with the K3 there is Adjustment of Status, ie more fees and paperwork.

[Margit 0]

@BRB, Mrs. Silverman and Penguin_ie

Thank you so much for the helpful suggestions you gave me. I really appreciate it.

Margit

[christeen 966]

CR1 all the way... When you file the CR1 then the K3, it slows down the CR1 processing because now, USCIS holds up the approval on the CR1 for the K3 application to catch up... Yes it is free to file the K3, but it might cost you time...

The CR1 is a FAR superior visa and allows for the immigrant to work, get the GC, drivers licence etc... immediatly upon entry.

The overstay becomes a problem if it is more than 180 days... but just be prepared to answer about it at the interview and you should be fine... But CR1 is definetly the way to go... K3's process in about the same amount of time but cost much more $$$$ and hassle one you enter the USA...

[Margit 0]

Thanks a lot to everybody who replied to my question.

I have one more question:

I found out that the following forms have to be submitted for the CR-1:

I-130

G-325A (each one for my husband and for me)

filing fee: 355 USD

Is this the only fee that applies for the CR-1 procedure?

If not, could you please tell me what other costs will occur for other forms or fees during the entire procedure?

Thank you for your support!

Margit

[metro420 1]

Thanks a lot to everybody who replied to my question.

I have one more question:

I found out that the following forms have to be submitted for the CR-1:

I-130

G-325A (each one for my husband and for me)

filing fee: 355 USD

Is this the only fee that applies for the CR-1 procedure?

If not, could you please tell me what other costs will occur for other forms or fees during the entire procedure?

Thank you for your support!

Margit

First, welcome to VJ.

On your first question, christeen is right, go for the CR1 as it will cost you less than K3. There is no safer and faster visa processing, it's always case to case basis.

RE the fees, yes you will need the $355 first for filing the I-130 but after the I-130 approved, you will need to pay a total of $470 during the NVC process ($70 for Affidavit of Support fee and the $400 for the IV fee).

If you have further questions just PM me, would love to help.

Goodluck!

[christeen 966]

You will also have to pay for the medical exam (usually in the $170 - $300 range depending on the country) as well as whatever it costs to go to the consulate as well as misc. document mailing fees...

[LOSTGURL--SOPHIA 2]

I prefer CR1

SPOUSE VISA:

The U.S. citizen marries the foreign

fiance in the USA or in another country (could be home country), the foreign fiance goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

ADVANTAGE OF CR1

can work upon entry (no restrictions)

• This is an "immigrant" Visa and will as such allow the applicant to arrive in the US as a permanent resident.

• They will not require an Advanced Parole document to leave the US for travel or require an EAD to work.

(MINUS) Separation from family for sometimes longer then the K-3 or K-1 visa option. Applicant will most likely not be able to enter the US during this time.

Edited January 10, 2010 by LOSTGURL--SOPHIA

[Margit 0]

@metro420, christeen and Lostgurl--Sophia

I want to thank you for your kind support...you all at this forum here are helping a lot.

This is really great and I hope that everything will go well and later I will be able to give

suggestions too and share our experiences.

I am so glad I registered

Have a wonderful Sunday everybody!

Margit

[Margit 0]

I have another question and I hope that you can give me some information:

Yesterday I called my husband's lawyer's secretary to check again what exactly I have to send her. I knew that I had to send a G-325A form. But she said this should consist of 4 pages and she needed 3 set, so altogether 12 pages plus two pictures which I alread got taken. What I found on the uscis.gov is only one page G-325A. She insisted that it should be 4 pages, she said maybe you have to send also G-325, G-325-B, G-325-C.

I am a little confused now. Can anybody help me clarify this?

Thank you so much for your efforts.

Margit