Me and wife want k-3 instead of cr-1

[AlexJane 2]

Me and the wife researched the backlog the Manila embassy has,,and also researched the NVC. Overall if we get the k-3 she would get the visa 2 to 3 months sooner than the cr-1. Even if they are approved at the same time. Is there a way to go with the k-3 we know the difference as far as the benifit of the cr-1, but still 2 or three months difference, we would rather go the k-3 route,,,how?

[marriedtomrg 141]

Even if you attempted filing for K-3 at this time, after both your I-130 and I-129F petitions are approved, the I-129F will be administratively closed by the National Visa Center (NVC). At that point, you guys will have no choice but to go down the CR-1 route....like it or not. The rules changed in February 1, 2010.

This information is found on the Department of State website (http://travel.state.gov/visa/immigrants/types/types_2993.html#21)

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
  
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.
  

We were able to apply for K3/K4 when it was still available...I agree it is a faster process, but also has some downsides. However in your case, unfortunately it is no longer an option for anyone who attempts to file after February 1, 2010.

Me and the wife researched the backlog the Manila embassy has,,and also researched the NVC. Overall if we get the k-3 she would get the visa 2 to 3 months sooner than the cr-1. Even if they are approved at the same time. Is there a way to go with the k-3 we know the difference as far as the benifit of the cr-1, but still 2 or three months difference, we would rather go the k-3 route,,,how?

Edited September 18, 2010 by marriedtomrg

[missads 59]

Me and the wife researched the backlog the Manila embassy has,,and also researched the NVC. Overall if we get the k-3 she would get the visa 2 to 3 months sooner than the cr-1. Even if they are approved at the same time. Is there a way to go with the k-3 we know the difference as far as the benifit of the cr-1, but still 2 or three months difference, we would rather go the k-3 route,,,how?

It's not really in your hands. The NVC almost always closes the K-3 petition, based on their own guidelines issued Feb 1, 2010. However, there are two cases on VJ where somehow the NVC approved the K-3 and sent it on to the embassy (Fescobar is one, there's another VJer but I can't remember the username)

So, you could send in the 129F and hope against hope that the NVC decides to fwd your K-3 to the embassy. The downside to it is that if the NVC closes the K-3 petition, as it almost always does, then you would have added a few weeks of processing time only to end up with the IR-1 anyway (I-130 without I-129F seems to be processed faster)... compare the processing times for yourself

130 + 129F: http://www.visajourney.com/timeline/monthly_filers.php?visa=2&form=2&scenter=1&option=3&sortby=2

130 alone: http://www.visajourney.com/timeline/monthly_filers.php?visa=3&form=2&scenter=1&option=3&sortby=2

Choose your poison

[Darnell 8,478]

you'll need to keep in mind that the 'Embassy Backlog'

really is not linked to any 'duration' of the I-130 approval process/duration at USCIS -

so

there's one disconnect that actually 'works' in yer favor.

Going forward, if you stick with the I-130 and do the NVC Processing,

you can 'bet' that the Embassy backlog will get cleared out whilst YOU are doing the NVC Processing.

Finally, I'll state one silly thing - and it's this -

the 'priority for scheduling' on a CR-1 vs K-3 - is the same -

so if any 'K-3' is lobbed over the fence, from NVC into US Embassy/Manila,

you may still suffer from any backlog , as the K-3 would have arrived in Manila 2 to 3 months prior to the CR-1.

Ya, some light reading, too -

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Good Luck!!!! IMO - you have some more thinking to do, about any K-3 visa.

Edited September 20, 2010 by Darnell