changing from a K1 to a K3

[hconway 0]

Am wondering if anyone has dealt with the issue of changing from a K1 to a K3 after the process has been started. I submitted the I129F 6 weeks ago. I am concerned that this change will cause a significantly longer wait time. And I am not sure what to do. Would I have to cancel the I129F petition? How do you do that? I am trying to convince her that we can have a nice wedding in PERU first, but not make it legal until she comes to the US, so that we can continue to use the K1 visa. Any advice appreciated!

[K and L 27]

You would have to cancel the petition (but you don't get a refund), and re-start (and re-pay). There's a longer wait than with a K1 (which you're already partway through), but she'd have a full green card right away (and thus be able to work). With the K1, she has at least 2 months of not working (aka, the amount of time for the EAD to come through IF you were to get married that day and send in your AOS immediately), and a second payment of $1010, but it's faster.

People say it's cheaper than the K1, but it seems to be not significantly so - the difference seems to be the initial petition fee... which you've already paid.

[elmcitymaven 9,712]

she'd have a full green card right away (and thus be able to work). With the K1, she has at least 2 months of not working (aka, the amount of time for the EAD to come through IF you were to get married that day and send in your AOS immediately), and a second payment of $1010, but it's faster.

People say it's cheaper than the K1, but it seems to be not significantly so - the difference seems to be the initial petition fee... which you've already paid.

Not correct. With a K3, you still need to go through AOS, including getting an EAD (although no need for AP as the K3 is a multiple-entry visa). You may be thinking of the CR1 visa, which is indeed cheaper overall than either the K1 or K3, and does result in permanent resident status on entry to the US. The K3 used to be a lot faster than the CR1, which is why people historically applied for it. The timelines for CR1 and K3 are virtually indistinguishable nowadays, and if you want a spousal visa you are much, much better off applying for a CR1.

[hconway 0]

Not correct. With a K3, you still need to go through AOS, including getting an EAD (although no need for AP as the K3 is a multiple-entry visa). You may be thinking of the CR1 visa, which is indeed cheaper overall than either the K1 or K3, and does result in permanent resident status on entry to the US. The K3 used to be a lot faster than the CR1, which is why people historically applied for it. The timelines for CR1 and K3 are virtually indistinguishable nowadays, and if you want a spousal visa you are much, much better off applying for a CR1.

Thanks for your reply. I have read the guides and am still not clear on the CR-1 visa and application process. Can you guide me to the right info? Much appreciated!

[SunDrop 59]

Thanks for your reply. I have read the guides and am still not clear on the CR-1 visa and application process. Can you guide me to the right info? Much appreciated!

What are you unclear about, specifically? Nobody can guide you through any better than the guides to, unless we know what's not clear.

[hconway 0]

What are you unclear about, specifically? Nobody can guide you through any better than the guides to, unless we know what's not clear.

Okay, well, if you look at the VJ guide "CR-1 / IR-1 Visa and I-130 Petition Guide", up pops "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US" with no explanation of what is a CR-1. A few have replied that the K-3 is obsolete. Okay, but where is the CR-1. I know it stands for conditional residency..... Thanks for your help! Maybe there is another guide I am missing?

[SunDrop 59]

Okay, well, if you look at the VJ guide "CR-1 / IR-1 Visa and I-130 Petition Guide", up pops "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US" with no explanation of what is a CR-1. A few have replied that the K-3 is obsolete. Okay, but where is the CR-1. I know it stands for conditional residency..... Thanks for your help! Maybe there is another guide I am missing?

Ahhh, you need to be looking at the overview page, which gives you the comparisons and explanation of the differing processes... here ya go:

http://www.visajourney.com/forums/index.ph...mp;page=compare

[payxibka 10,045]

Okay, well, if you look at the VJ guide "CR-1 / IR-1 Visa and I-130 Petition Guide", up pops "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US" with no explanation of what is a CR-1.

IR-1/CR-1 is an family based IMMIGRANT VISA

[baron555 934]

Am wondering if anyone has dealt with the issue of changing from a K1 to a K3 after the process has been started. I submitted the I129F 6 weeks ago.

Why would you do that?

I am concerned that this change will cause a significantly longer wait time.

Yes, for sure.

And I am not sure what to do.

Continue with the K-1.

Would I have to cancel the I129F petition?

Yes

How do you do that?

Send a letter.

I am trying to convince her that we can have a nice wedding in PERU first, but not make it legal until she comes to the US, so that we can continue to use the K1 visa. Any advice appreciated!

You are not supposed to be married when you use the K-1. Be very careful here.

[Krikit 1,164]

Moving from K-1 Process to General Immigration Discussion.

[hconway 0]

Ahhh, you need to be looking at the overview page, which gives you the comparisons and explanation of the differing processes... here ya go:

http://www.visajourney.com/forums/index.ph...mp;page=compare

THANK YOU !!

[hconway 0]

Why, good question..... her desire. But thank you for your reply. Will need to rethink the "wedding" idea....