Question please ?

[pushbrk 12,910]

Let me look at it again for the hundreth time.....or what it seems like!

It seems like im missing all of your points... I don't know whats wrong with me.

Btw pushbrk this is the correct guide you are talking about right ? http://www.visajourney.com/content/i130guide1

Guide AND I-130 instructions. If an item is "unknown" write unknown. You don't need your Naturalization Certificate because you have a US Passport.

[Minted7 3]

You know Im reading the guide and I gotta tell you the truth something is popping out to me that i don't understand...... http://www.visajourney.com/content/compare

On this compare guide.....i know you've said the k-3 is obsolete and so on, im just wondering how come they still show it on the guide. But when i read the details on each SpousalVisa K-3 and Spousal Visa IR1 /CR1

they are basically the same forms too fill out. One just takes longer to fill out and the other you are seperated longer.

[pushbrk 12,910]

You know Im reading the guide and I gotta tell you the truth something is popping out to me that i don't understand...... http://www.visajourney.com/content/compare

On this compare guide.....i know you've said the k-3 is obsolete and so on, im just wondering how come they still show it on the guide. But when i read the details on each SpousalVisa K-3 and Spousal Visa IR1 /CR1

they are basically the same forms too fill out. One just takes longer to fill out and the other you are seperated longer.

Everything you read about K3 except that it is no longer available is out of date. Even before its death K3 hadn't saved any time for more than three years.

[canadian_wife 1,822]

There are still people here that are going through the K3 process because they had their approvals before February 1, 2010. The K3 does not apply to you. Disregard what you're reading about the K3 saving time. It actually slows up the process significantly. When we petitioned, those who filed the I-129F for the K3 were approved 6-8 weeks AFTER those who just filed the I-130.

Separation is part of this process sadly.

Good luck.

[trailmix 77]

Here is the story of the K3.

If you file for a K3, you file the I-130 and the I-129F. If the I-129F gets approved by USCIS first, then you will be applying for a K3 visa, if both the I-129F and I-130 get approved at the same time (which apparently happens quite often) then they leave the I-129F and continue processing the I-130, which means you are applying for the CR1 whether that is what you wanted or not.

From the Department of State website:

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

- The nonimmigrant K visa will be administratively closed.

- The application process explained below will not be applicable and cannot be used.

- The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

So, is there anything stopping you from filing an I-129F? No, not at all. In fact it might just be a faster option for you two IF it is approved first and if your Husband lives in Manitoba or western Canada. The reason being that people residing in Manitoba and western Canada will interview in Vancouver (for K visas only), this consulate is historically much faster at booking the interview.

So it's up to you - you can fill out the extra paperwork and hope they approve the I-129F first - or you can just go for the CR1.

Keep in mind, the K3 is a nonimmigrant visa, which means, when your Husband crosses the border he cannot work right away. You will have to file for his Adjustment of Status and wait for his green card or employment authorization to arrive before he can look for employment.

With the CR1 he is eligible to work right away and his green card should arrive in the mail a few weeks after he crosses the border.

Edited April 25, 2010 by trailmix

[pushbrk 12,910]

Here is the story of the K3.

If you file for a K3, you file the I-130 and the I-129F. If the I-129F gets approved by USCIS first, then you will be applying for a K3 visa, if both the I-129F and I-130 get approved at the same time (which apparently happens quite often) then they leave the I-129F and continue processing the I-130, which means you are applying for the CR1 whether that is what you wanted or not.

From the Department of State website:

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

- The nonimmigrant K visa will be administratively closed.

- The application process explained below will not be applicable and cannot be used.

- The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

So, is there anything stopping you from filing an I-129F? No, not at all. In fact it might just be a faster option for you two IF it is approved first and if your Husband lives in Manitoba or western Canada. The reason being that people residing in Manitoba and western Canada will interview in Vancouver (for K visas only), this consulate is historically much faster at booking the interview.

So it's up to you - you can fill out the extra paperwork and hope they approve the I-129F first - or you can just go for the CR1.

Keep in mind, the K3 is a nonimmigrant visa, which means, when your Husband crosses the border he cannot work right away. You will have to file for his Adjustment of Status and wait for his green card or employment authorization to arrive before he can look for employment.

With the CR1 he is eligible to work right away and his green card should arrive in the mail a few weeks after he crosses the border.

All correct, except that approving the I-129F ahead of the I-130 would be a freak result. It isn't just "quite often" that the two petitions are processed and approved together. It is the stated policy. The exceptions tend to be late filed I-129F petitions that never ARE approved because the I-130 gets approved before the I-129F gets joined with it. This is how it's been for more than three years.