Fastest Way to Enter the US + Other question...

[Greggy 0]

Hi,

I have been looking around for information on what is needed for my family to enter the US and this site seems to have every piece of information needed. Unfortunatly I am still confused as the paper work to file is huge and the vast amounts of applications needed.

I (US Citizen) currently live in Ukraine with my wife(Citizen of Ukraine) and my 2 children(Did not file for birth aboard). The guide I found here, as I understood it, says I would need to :

1. 
   -The I-130 (Takes 6-12 month)
   -If approved, apply for IR-1 or CR-1 Visa (Unknown time frame)
   -Submit DS-230 Part 1(Unknown time frame)
   -The interviews, etc (Unknown time frame)
   

This seems like the entire process for my wife and children could take 2 or more years, not knowing the time frame for the rest or requirements besides the I-130. This makes me unable to plan anything correctly and just makes things very confusing.

What I recently found on this website is something about a K-3 visa, which said something like my wife/children can travel to the US while the I-130 is approved, but still not too sure about this and have a few more questions that maybe someone can help me with. Instead of trying to ask everything in one big paragraph, i will number the list to make it slightly easier to understand what im asking.

1. 
   1 - Is there a general time frame for the approval of the IR-1/Cr-1 Visa, DS-230 part 1, Interview process?
   2 - Is there a way for me to be able to take my wife and children to the US in a short time (2-4 months) and then (from the US) apply for the I-130 Visa (Immigrant Visa) or Adjustment of Status (Permanent Resident)?
   3 - What os the difference between the the I-130 Visa (Immigrant Visa) and Adjustment of Status (Permanent Resident).?
   

Basically, what I would like to know is, what is the fastest way to take my family to the US so the wife can start working, children can go to school as soon as possible and to be able to complete other paperwork in the US.

Thank you very much for reading all this and for any information you may have to reply with. All help is very much appreciated:)

[milimelo 4,581]

Where'd you get the 2 year for everything to be done.

1. Get the CRBA for your children as they are US citizens - this also gets them US passports.

2. File CR-1 through DCF in Ukraine (you should be done in under 6 months)

Forget about K3- when you file DCF you get immigrant visa for your wife which turns into a temp green card once she is processed at POE (Port of Entry).

There is a specific forum for DCF filers so go over there and read the guide on how to.

Best of luck!

[VanessaTony 3,567]

Where'd you get the 2 year for everything to be done.

1. Get the CRBA for your children as they are US citizens - this also gets them US passports.

2. File CR-1 through DCF in Ukraine (you should be done in under 6 months)

Forget about K3- when you file DCF you get immigrant visa for your wife which turns into a temp green card once she is processed at POE (Port of Entry).

There is a specific forum for DCF filers so go over there and read the guide on how to.

Best of luck!

Agree.

Here is the guide for DCF (Direct Consular Filing) http://www.visajourney.com/forums/index.ph...om&page=dcf . The CR-1/IR-1 is far superior to K3 (even though k3 is "dead" now it was still inferior when it was around). The CR1 allows your wife to get an immediate greencard on entry which has her working immediately. If you've been married over 2 years she'll get her 10 year non-conditional greencard. Less than 2 years is the conditional greencard.

The CRBA should take somewhere less than a month. I know someone in Aus who got it in 2 weeks. Here is the Ukraine info on CRBA: http://kiev.usembassy.gov/amcit_pass_birth_eng.html

Best of luck

Edited March 2, 2010 by Vanessa&Tony

[Gary and Alla 3,694]

Hi,

I have been looking around for information on what is needed for my family to enter the US and this site seems to have every piece of information needed. Unfortunatly I am still confused as the paper work to file is huge and the vast amounts of applications needed.

I (US Citizen) currently live in Ukraine with my wife(Citizen of Ukraine) and my 2 children(Did not file for birth aboard). The guide I found here, as I understood it, says I would need to :

1. 
   -The I-130 (Takes 6-12 month)
   -If approved, apply for IR-1 or CR-1 Visa (Unknown time frame)
   -Submit DS-230 Part 1(Unknown time frame)
   -The interviews, etc (Unknown time frame)
   

This seems like the entire process for my wife and children could take 2 or more years, not knowing the time frame for the rest or requirements besides the I-130. This makes me unable to plan anything correctly and just makes things very confusing.

What I recently found on this website is something about a K-3 visa, which said something like my wife/children can travel to the US while the I-130 is approved, but still not too sure about this and have a few more questions that maybe someone can help me with. Instead of trying to ask everything in one big paragraph, i will number the list to make it slightly easier to understand what im asking.

1. 
   1 - Is there a general time frame for the approval of the IR-1/Cr-1 Visa, DS-230 part 1, Interview process?
   2 - Is there a way for me to be able to take my wife and children to the US in a short time (2-4 months) and then (from the US) apply for the I-130 Visa (Immigrant Visa) or Adjustment of Status (Permanent Resident)?
   3 - What os the difference between the the I-130 Visa (Immigrant Visa) and Adjustment of Status (Permanent Resident).?
   

Basically, what I would like to know is, what is the fastest way to take my family to the US so the wife can start working, children can go to school as soon as possible and to be able to complete other paperwork in the US.

Thank you very much for reading all this and for any information you may have to reply with. All help is very much appreciated:)

Yoiur children are US citizens, get them a passport, file a CRBA at the consulate. For your wife, file a DCF at the consulate. You will be all done in a few weeks on average. No adjustment of status needed with a DCF

[Greggy 0]

Thank you all for you excellent advice. This has actually given me hope that all can be done in a relatively short amount of time.

After researching a little more into your suggested advice, I came up with a few more question...

1. I could not find anywhere any specifics to filing the IR-1(Married over 2 years) visas. When I look for a IR-1 application or anything relevant, it takes me to filing the I-130 petition. So does it mean I automatically file for the IR-1 visa if in my I-130 petition it states I have been married over 2 years?
   

As for the CRBA for the children, i also have some issues. Since we were not officially married when our first child was born I realized there could be a few problems to get a CRBA like:

1. Demonstrate to the interviewing consular officer that: "The child is the biological child of the U.S. citizen parent". How do I do that, does it require some medical exams?
   
2. Filing out the Affidavit of parentage and physical presence. It asks to specify all the physical presence in the United States and Abroad. Although I do have all my UA entrance stamps in the US passport, i do not remember the exact days all the times I left the US to travel to Ukraine since I used My Ukrainian international passport I still had over 5 years ago. Would it be ok if I filled out the approximate date I left the US and exact day I returned each time? Or is there a way I could find out the exact days I left the US through some embassy OR Ukraine Airport if it is absolutely necessary?
   
3. Anyway, if it is or will be a problem filing for the CRBA for at least one of the children, would I need to file a I-130 for them too or they automatically get some visa(maybe IR-2) if the mother is approved?
   

Again, thank you all for taking the time to read all this:)

[milimelo 4,581]

Thank you all for you excellent advice. This has actually given me hope that all can be done in a relatively short amount of time.

After researching a little more into your suggested advice, I came up with a few more question...

1. I could not find anywhere any specifics to filing the IR-1(Married over 2 years) visas. When I look for a IR-1 application or anything relevant, it takes me to filing the I-130 petition. So does it mean I automatically file for the IR-1 visa if in my I-130 petition it states I have been married over 2 years?
   

As for the CRBA for the children, i also have some issues. Since we were not officially married when our first child was born I realized there could be a few problems to get a CRBA like:

1. Demonstrate to the interviewing consular officer that: "The child is the biological child of the U.S. citizen parent". How do I do that, does it require some medical exams?
   
2. Filing out the Affidavit of parentage and physical presence. It asks to specify all the physical presence in the United States and Abroad. Although I do have all my UA entrance stamps in the US passport, i do not remember the exact days all the times I left the US to travel to Ukraine since I used My Ukrainian international passport I still had over 5 years ago. Would it be ok if I filled out the approximate date I left the US and exact day I returned each time? Or is there a way I could find out the exact days I left the US through some embassy OR Ukraine Airport if it is absolutely necessary?
   
3. Anyway, if it is or will be a problem filing for the CRBA for at least one of the children, would I need to file a I-130 for them too or they automatically get some visa(maybe IR-2) if the mother is approved?
   

Again, thank you all for taking the time to read all this:)

If they are all your children - your name on birth certificates - all you have to do is fill out the form. No, you don't have to have been married at the time they were born - marriage is not a requirement for CRBA. The children will also resemble you since they're biologically yours. In some countries if they have doubt that you are the father the embassy can ask for a DNA test.

For physical presence, I think you need to satisfy the requirement of being in the US for 5 years after the age of 14. School, college transcripts would do as well as tax returns, medical records...

Edit - I-130 is used for both CR 1 and IR1 visa.

Edited March 6, 2010 by milimelo