CR-1 or K-3 Practical Difference?

[ecocks 0]

So what is the practical difference between these two visas? It is academic for me now (we did K-3) but I want to know so I can help other guys and gals going through the process.

[canadian_wife 1,822]

The I-129F for the K-3 will be administratively closed by NVC once approved by USCIS.

K-3 is no longer a viable choice for a spousal visa

Good luck

[Gary and Alla 3,694]

So what is the practical difference between these two visas? It is academic for me now (we did K-3) but I want to know so I can help other guys and gals going through the process.

I understand the K-3 is going the way of the Do-do bird. At one time the K-3 was processed faster but required an Adjustment of status after arrival in the US. The CR-1 does not require an adjustment of status, it is an immigrant visa. They used to take longer than the K-3 but now that has been rectifed and there really is no practical reason for the K-3

[pushbrk 12,883]

So what is the practical difference between these two visas? It is academic for me now (we did K-3) but I want to know so I can help other guys and gals going through the process.

The only currently relevant practical difference is that the CR1 visa is actually available and the K3 is not.

[YuAndDan 153]

K3 was developed for a time when I-130 was taking a VERY LONG time to approve, the K-3 allowed benificiary to enter the USA and WAIT for their I-130 to be approved so that they could either proceed with CR-1/IR-1 visa, OR adjust status. For over a year now USCIS has been tieing I-129F AND I-130 together and approve then in same date, then send both to NVC where they close the I-129F and proceed with the I-130 for a CR-1. The whole reason K-3 was developed no longer exists (WAITING for I-130 to be approved.)

MORE:

How will the Department of State process my K-3 visa petition?

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.
  

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

[ecocks 0]

Thanks to those with useful information.

[HeatDeath 430]

One feature of the K-3 made it significantly preferable to the CR-1 for a very specific group of people: it is [was] a 2-year, multiple-entry, non-immigrant visa.

With a CR-1, you are a PR from the moment you cross the US border. That means that you have to maintain your permanent residence in the US, and not stay out too long. You're free to come and go on short trips, but staying outside the US for too long can cause you to lose your PR status.

With a K-3, OTOH, you don't actually become a PR until you adjust status, which (unlike for K-1ers, who have to do it very quickly after they marry within 90 days of entry) can be up to two years after you first enter. So the K-3 was ideal for people who still had business in their home countries that would require significant extended back and forth travel, i.e finishing university degrees or closing up privately-owned businesses. It can be a little more awkward to work these things out with a CR-1, as you have to be prepared to be a full US PR from the moment you land in the US.

But for the vast majority of people, for whom the primary goal of a spousal visa process is to be permanently reunited with their spouse, in the US, as quickly as possible, the CR-1 is superior to the K-3: it takes [maybe] a little longer to process, but is substantially cheaper and allows the immigrant to work immediately.

Edited December 17, 2010 by HeatDeath

[ecocks 0]

Thanks Heat! That was pretty clear and in line with the differences I noticed in reading about the two. My wife hit the ground in Seattle, went to Canada the next day and, yes, was able to file for her SS card and get to work quickly. While we thought we had filed for a K-3 it seems to be mostly terminology as I noticed yesterday both her passport and green card were marked CR-1. I can still see a use for a K-3 fir some who have no immigration/citizenship intentions and, as you point out, still require travel in and out of the country.

Good information and I certainly appreciate it.

[pushbrk 12,883]

Thanks Heat! That was pretty clear and in line with the differences I noticed in reading about the two. My wife hit the ground in Seattle, went to Canada the next day and, yes, was able to file for her SS card and get to work quickly. While we thought we had filed for a K-3 it seems to be mostly terminology as I noticed yesterday both her passport and green card were marked CR-1. I can still see a use for a K-3 fir some who have no immigration/citizenship intentions and, as you point out, still require travel in and out of the country.

Good information and I certainly appreciate it.

Today, saying the K3 is useful carries no meaning. You can't use something unless you can obtain it. The K3 is no longer obtainable. It's usefulness is in the past tense.

[dvs98 2]

Well my op on this is i wish i would have read this site before i ever filed my papers i was just using the govt guide and such and i think all filing an i129f did was delay my i130 so they can approve together and cancel the k3 lol.

[Nataliya-Ron 7]

First K-3 Visa terminated in February 2010 and were replaced with CR-1 Visa

if you filed a K-3 it will terminate into a CR-1 anyway.

the I-129 process and terminate also.

Some say the K-3 is faster. But it depends on the US Embassy you get and how

fast your I-130 was approved.

K-3 had to many headaches.

The process for CR-1 nice, get green card sooner and AOS is simpler and just

better USCIS changed to it. K-3 dont get held up by I-129 that once proceeses

die anyway and is combined with a CR-1 and than moved forward with the approval

of the I-130 anyway.

Much better off doing the CR-1 becasue the K-3 dead and useless anyway.

Good Luck

[Darnell 8,478]

Some more Light Reading?

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/

[GiveMeStrength 0]

What's the best visa if your spouse is not permanently immigrating but does not want to always apply for a visit visa which Consulates/Embassies are reluctant to supply to spouses of US citizens? I applied for the K-3 because it was a two year visa multiple entry. I don't work permanently in the US and don't want to be restricted to job opportunities because of the CR-1 visa. Thanks.

[pushbrk 12,883]

What's the best visa if your spouse is not permanently immigrating but does not want to always apply for a visit visa which Consulates/Embassies are reluctant to supply to spouses of US citizens? I applied for the K-3 because it was a two year visa multiple entry. I don't work permanently in the US and don't want to be restricted to job opportunities because of the CR-1 visa. Thanks.

If you could manage to obtain the K3 visa, that would be the one for your scenario. Good luck trying.