Is the CR-1 different than the K3?

[AndyMisiu 0]

Is filing for a CR-1 different than filing for a K3? I filed an I-129F but I'm afraid I will get caught up in the bureaucracy due to IMBRA. Me and my fiancee would rather be part of an adjudication process that was a little more straight forward. I can't stand not knowing what's going to happen. I know you have to file an I-129F for the K3 process, is it different for the CR-1? is IMBRA involved?

[aussiewench 9]

IMBRA does not affect the I-130 (CR-1) only the I-129F for fiance or spouse. However once you have an approved I-130 and forwarded to NVC, the NVC process will take 2-3 months minimum depending on if you use the Timesavers or James Shortcuts. The one good thing about NVC for the CR-1 is that you have more control as you are actively involved in the process, not just waiting. And ultimately this leads to the CR-1 immigrant visa, the green card and nothing to do until 90 days prior to the 2 year anniversary of entry to the US.

Edited August 2, 2006 by aussiewench

[AndyMisiu 0]

IMBRA does not affect the I-130 (CR-1) only the I-129F for fiance or spouse. However once you have an approved I-130 and forwarded to NVC, the NVC process will take 2-3 months minimum depending on if you use the Timesavers or James Shortcuts. The one good thing about NVC for the CR-1 is that you have more control as you are actively involved in the process, not just waiting. And ultimately this leads to the CR-1 immigrant visa, the green card and nothing to do until 90 days prior to the 2 year anniversary of entry to the US.

I'm just getting a little confused because people talk about filing an I-129F for K3 applicants. And both the K3 and the CR-1 use the I-130 form. I guess I just don't really understand the K3 process. Well, at least I have options!! I'm really leaning towards filing an CR-1. I will just wait and see how I'm adjudicated.

[simple_male 1]

Is filing for a CR-1 different than filing for a K3? I filed an I-129F but I'm afraid I will get caught up in the bureaucracy due to IMBRA. Me and my fiancee would rather be part of an adjudication process that was a little more straight forward. I can't stand not knowing what's going to happen. I know you have to file an I-129F for the K3 process, is it different for the CR-1? is IMBRA involved?

First of all, one can only file for CR-1 (I-130) and K-3 (I-129F) for his/her foreign alien spouse, as they are not valid for fiance visa.

Both K-1 (for finace) and K-3 (for spouse) petitioner needs to file the I-129F. But for K-3, the petitioner has to submit the proof that he/she has already filed the I-130. The purpose of K-3 is to unite the couple together sooner in USA while they wait for CR-1 process. Both K-1 and K-3 are affected by IMBRA as of March 6, 2006 whereas the CR-1/IR-1 is not.

[Jersey Girl 2]

Andy, I'm not sure you "have options," since you already petitioned for a K1 fiancee.

Unless ... you marry her ... withdraw the K1 fiancee petition ... then file the I-130 for your spouse. This might avoid further IMBRA questions but you'd be separated longer. Anyone know if this is a viable (or advisable) strategy?

(I'm assuming you want to avoid questions about your background rather than looking for a faster method.)

[Yodrak 7]

Jersey Girl,

Worked for me. Why wouldn't it be viable?

Yodrak

Andy, I'm not sure you "have options," since you already petitioned for a K1 fiancee.

Unless ... you marry her ... withdraw the K1 fiancee petition ... then file the I-130 for your spouse. .... Anyone know if this is a viable (or advisable) strategy?

...

[AndyMisiu 0]

Andy, I'm not sure you "have options," since you already petitioned for a K1 fiancee.

Unless ... you marry her ... withdraw the K1 fiancee petition ... then file the I-130 for your spouse. This might avoid further IMBRA questions but you'd be separated longer. Anyone know if this is a viable (or advisable) strategy?

(I'm assuming you want to avoid questions about your background rather than looking for a faster method.)

My background is fine, my fiancee know's everything, there are no problems there. I wouldn't hide things from my fiancee, I'm not an as*hole!! just someone who lived a little crazy and obviously made some life changing poor decisions. I have multiple alcohol related charges and the whole thing is confusing. I have a charge that's listed under the background information required for people who file multiple petitions but not on the I-129F's list of convictions. I know this is my first petition but they could still FU#K with me. The problem is, my petition can be denied if they aren't satisfied with what I've provided as supporting evidence. If it gets denied than I become a multiple petitioner. If that happens the charge that falls under the multiple petition umbrella is grounds for denial and needs a waiver of compelling circumstances. You can start to understand the issues here by this e-mail. I read the new memorandum that's floating around and the whole thing has me sick. I could still get caught up in name checks, background checks, administrative reviews, and any other discouraging tactics they may want to use.

We were going to get married in Poland and file the I-130, that seems to be a more sane way at the moment. I'm still going to hang in there to see what happens to this petition, but if worse comes to worse we will continue with our marriage plans and file the I-130. I'm not fu#*ing with these people and they won't keep us apart!!! sorry! if I'm a little upset but the whole thing has me sick

Edited August 2, 2006 by AndyMisiu

[Jersey Girl 2]

Andy, take a deep breath and start seeing the glass as half full. This is your first petition ever (right?) and you've already returned the IMBRA letter. Did you have to check a box relating to your past? Did you submit "supporting evidence"?

I believe they're looking for domestic violence. If there was none of this in connection with the alcohol charges, you may be okay. But what do I know? By signing the letter, we gave permission for independent checking. If your response raised a red flag, and they check, hopefully, they won't find the kind of violence they're filtering for.

You're right to sit tight and see if you pass their screen. If your petition is denied, this information might come back if you married and petitioned for CR-1. Right, Yordak?

[AndyMisiu 0]

Yeah! sit tight!! Half full!!! sounds good. They won't find any of the domestic violence or sexual stuff, because I didn't do any of that. I did get into a fight with a dude at a party. That's all I'm worried about, but assault is not on the petition. One of the counties I got information for only had certified court records, the State Police don't offer police records. So I sent in the certified court records showing charges and disposition, this is why I'm worried.

So, I don't want to turn this into an IMBRA thread. I just wanted to see if denied the K-1, that I could get married and file for a CR-1, that's all.

Edited August 2, 2006 by AndyMisiu

[Jersey Girl 2]

Okay, so you had a few too many and socked some guy in the nose. So have a lot of other rowdies. You were charged with assualt and submitted certified court records. So far you don't sound like a guy who abuses women.

Andy, there is no visa where the USC is not investigated in some way. So if a barroom brawl is a deal breaker (which I doubt), then it will probably resurface at some point if you try for CR-1. The Department of State may run background checks on both parties once the petition is approved and before it's sent to the Embassy. That's with all visas.

Look, you can't change the past. But you can be kind to yourself while waiting.

[AndyMisiu 0]

Thanks!

[Yodrak 7]

Jersey Girl,

I wouldn't pull my I-129f for fiance(e), get married, and petition for a spouse for the reasons that Andy seems to be doing it. Especially now that his background information is in his fiancee's case file. The I-129f file will be pulled up and looked at for the processing of the I-130. Don't know what import his background would have on the I-130, even assuming none it might nevertheless slow down the I-130 processing while the case officer waits for the I-129f file to be located and delivered.

I did it because my inlaws decided they wanted their daughter to have the added security of being married before leaving for a foreign land with a relative stranger.

Yodrak

Andy, take a deep breath and start seeing the glass as half full. This is your first petition ever (right?) and you've already returned the IMBRA letter. Did you have to check a box relating to your past? Did you submit "supporting evidence"?

...

You're right to sit tight and see if you pass their screen. If your petition is denied, this information might come back if you married and petitioned for CR-1. ....

Edited August 2, 2006 by Yodrak

[aussiewench 9]

Yeah! sit tight!! Half full!!! sounds good. They won't find any of the domestic violence or sexual stuff, because I didn't do any of that. I did get into a fight with a dude at a party. That's all I'm worried about, but assault is not on the petition. One of the counties I got information for only had certified court records, the State Police don't offer police records. So I sent in the certified court records showing charges and disposition, this is why I'm worried.

So, I don't want to turn this into an IMBRA thread. I just wanted to see if denied the K-1, that I could get married and file for a CR-1, that's all.

Andy, many have opted to marry and file the I-130 when previously had an I-129F petition for a fiance in process or were denied the petition. Before contemplating doing that perhaps a consult with an immigration attorney would be best.

I know this is stressing you somewhat but just hang in there and see what happens over the next couple of weeks with the I-129F.

Edited August 2, 2006 by aussiewench

[simple_male 1]

I think, consulting an immigration attorney will be a good idea. In the meantime, let's hope your K-1 gets approved very soon.

[AndyMisiu 0]

Yodrak,

in response to: "I wouldn't pull my I-129f for fiance(e), get married, and petition for a spouse for the reasons that Andy seems to be doing it. Especially now that his background information is in his fiancee's case file."

I don't care what information is in my fiancee's case file as long as it's not grounds for denial. IMBRA effects the I-129F. If IMBRA does not effect the CR-1 than they can't deny my petition for the reasons of "technicality" or "lack of evidence" that I'm worried about.

And for "what reasons" are you referring to? I don't want to pull anything. We're getting married regardless of what visa we use, that's the reason, we want to be with each other for the rest of our lives.

I feel better though because the limitations on the K-1 are for approved petitions under 2 years or two or more petitions filed. I would be able to file again with more information and not be effected by the limitations placed on number of petitions. My case can't be denied for the crimes I've committed. They can just make it difficult if they want to.

I'm trying to figure out my options, that's it!!

I'll just have to wait and see.

But if I filed the CR-1, it would be for one reason only! to be with my love

Edited August 2, 2006 by AndyMisiu