CR1 or K3

[JimVaPhuong 4,863]

Here is info that I got from a Very good source:

USCIS here has started requiring proof that you

are allowed to live here. That could be residency

or something else.

But that is a double-edged sword.

If you show residency here for USCIS,

how can you show "domicile" in the US

for the consulate.

I'm confused... so I'm going to talk to a the lawyer here. I would like to do DCF... but not if it risks another blue or white or green or yellow or purple etc etc

Hey Ralph. Looks like you covered all the colors of the rainbow there.

The domicile requirement is for the I-864 affidavit of support, as Roger said. You still have the same requirement if you file in the US, and it could still come up at the interview. A recent poster who was living in Israel with her husband ran into this problem when she couldn't prove domicile at the interview. The easiest way to prove domicile is to have proof that you have a residence in the US. You don't necessarily have to return to the US first in order to do this, but you do have to return either before or at the same time as Hanh enters. Technically, you haven't established domicile until you actually enter the US. If you intend to enter at the same time as Hanh then you need to prove you've taken steps to establish domicile when you return, such as leasing an apartment, maintaining bank accounts, etc.

The K3 is not exactly like the K1. The K3 is a multiple entry visa good for two years, while the K1 is a single entry visa. But, the K3 still requires you to apply for AOS after arriving in the US. This is expensive, and Hanh won't be able to work in the US until she either gets her green card or EAD. With the CR1, she'd arrive in the US as a legal permanent resident, and would get her green card shortly after entering.

It used to take a lot longer to get a K3 than a CR1, which was the primary advantage of the K3. This is no longer true, and CR1's are processed almost as fast as K3's now. With the K3 being more complicated, more paperwork, and more expensive, there really isn't any valid reason to choose a K3 over a CR1 anymore, unless you have some unusual reason for wanting to postpone the application for the green card until after she arrives in the US.

I'm excited that you're going to be coming to the US, but I'm going to miss The Big Grill. Those were the best meals I had anywhere in Saigon.

Is Hanh ever going to send that email to Phuong?

[Teacher Mark 53]

I am the husband been here for 6 months. And you can get permanent residency right after you get married here now. They changed the law.

Again... my question is - what is the Difference between the two. Thanks.

Sorry I haven't been there in a while Ralph. I'll try to pay a visit soon.

[RalphandHanh 1]

Hi Ralph and Hanh - glad to hear you are both well. I feel really bad that we didn't make it back over to see you guys before we left. I really wanted some more fried pizza two. The both of you were so awesome to visit with and we enjoyed it very very much!!! We are hoping for the very best for the two of you on your next go! Looking forward to seeing you again some time!

It was great to meet you guys too and I'm SO happy for you. Hope to be back in the states in the next 7 or 8 months... wish it was sooner really

[RalphandHanh 1]

K3 faster CR1 Easier the difference . k3 has been designated to allow the spouse enter usa while the uscis still process your case also vaild for 2 years

and you dont have to deal with the nation visa center once the uscis approve your petition they send it to the nvc for administration process then it will be forward to embassy .regarding CR1 once the usaic approve your petition they will forward yor file to the national visa center you will get letter from nvc choose of agent you have to file the form out and send it to nvc then you will have to pay 470 for IV AND AOS and wait between 30 to 40 days before the nvc complete all the actions on your case then they will forward your file to the american embassy . one more thing the embassy schedule apponitments for k3 applicants . nvc schedule appointments for cr1 applicants good luck

NOTE : it is all about some papers work you dont need a lawyer it is just waste they only apply on your behalf and waits the authority body to process the case to conculation good luck and after all your call if you want to hire a lawyer

I disagree with a lawyer being a waist of money. I appreciate the "advice" on this board but I trust a professional I know here and have become friends with. Because if, God forbid, something happens here again... I have him to back me up. I'm not going it alone again like I did the first time.

[RalphandHanh 1]

Hey Ralph. Looks like you covered all the colors of the rainbow there.

The domicile requirement is for the I-864 affidavit of support, as Roger said. You still have the same requirement if you file in the US, and it could still come up at the interview. A recent poster who was living in Israel with her husband ran into this problem when she couldn't prove domicile at the interview. The easiest way to prove domicile is to have proof that you have a residence in the US. You don't necessarily have to return to the US first in order to do this, but you do have to return either before or at the same time as Hanh enters. Technically, you haven't established domicile until you actually enter the US. If you intend to enter at the same time as Hanh then you need to prove you've taken steps to establish domicile when you return, such as leasing an apartment, maintaining bank accounts, etc.

The K3 is not exactly like the K1. The K3 is a multiple entry visa good for two years, while the K1 is a single entry visa. But, the K3 still requires you to apply for AOS after arriving in the US. This is expensive, and Hanh won't be able to work in the US until she either gets her green card or EAD. With the CR1, she'd arrive in the US as a legal permanent resident, and would get her green card shortly after entering.

It used to take a lot longer to get a K3 than a CR1, which was the primary advantage of the K3. This is no longer true, and CR1's are processed almost as fast as K3's now. With the K3 being more complicated, more paperwork, and more expensive, there really isn't any valid reason to choose a K3 over a CR1 anymore, unless you have some unusual reason for wanting to postpone the application for the green card until after she arrives in the US.

I'm excited that you're going to be coming to the US, but I'm going to miss The Big Grill. Those were the best meals I had anywhere in Saigon.

Is Hanh ever going to send that email to Phuong?

thanks for the good advice.

LOL well Hanh is a bit lazy to get on the computer lately. I will tell her to email her though

Sorry I haven't been there in a while Ralph. I'll try to pay a visit soon.

No problem... actually... I'm gonna shoot you an email today about something related. We will be closed Tuesday.. or at least we will not be here. We are going to Vung Tau for my birthday Woohoo... two days off in a Row!