Good and bad about CR-1 or K3

[Dogwood_Poet 16]

Forgive me if this is covered somewhere else. (Reading all the govermentese about visas, etc has me a little confused)

What is the advantages to going CR-1 over K3 or vis-versa? I know the K3 can be faster, but you still have lots of work to do once your spouse is here, while with the CR-1 all we will have to file is at the end of the two years for adjustment from conditional to permanent resident status. (we got married this July)

I live in western Kentucky, so if I understand correctly, we would have to travel the closest office for all of the interviews we would need. Plus I understand she may not be able to work when she first gets here under the K3.

Again, if this is covered somewhere else, let me know and I apologize for not finding it on my own.

I am really enjoying this site and I know it will be a LOT of help as Kathlene and I go on this journey for us to be together again.

[tom&tata 2]

Forgive me if this is covered somewhere else. (Reading all the govermentese about visas, etc has me a little confused)

What is the advantages to going CR-1 over K3 or vis-versa? I know the K3 can be faster, but you still have lots of work to do once your spouse is here, while with the CR-1 all we will have to file is at the end of the two years for adjustment from conditional to permanent resident status. (we got married this July)

I live in western Kentucky, so if I understand correctly, we would have to travel the closest office for all of the interviews we would need. Plus I understand she may not be able to work when she first gets here under the K3.

Again, if this is covered somewhere else, let me know and I apologize for not finding it on my own.

I am really enjoying this site and I know it will be a LOT of help as Kathlene and I go on this journey for us to be together again.

On top of my mind, K-3 can work prior to receiving greencard by applying for EAD. Can't remember other things as I-129F was processed so slow when we applied.

You also have the option to pursue both CR-1 and K-3, go to the US under K-3 (which currently is faster - from reading the post), go back home to go through CR-1 interview & receive immigrant visa instead of doing AOS in US. I have seen some VJ member going through this route.

Good luck

[mendeleev 68]

CR-1 comes with permanent residency.

With a K-3, you either need to adjust for permanent residency at some point within the USA or keep the CR-1 cooking and, at the time of the interview, as I understand it, both of you will need to travel to the embassy that handles CR-1 visa applications for the beneficiaries country.

CR-1 is less fuss. It comes with permanent residency, work permission, and freedom to come and go from the USA. K-3 only gives you multiple entry privileges. You have to apply for permission to work, which would probably take a few months.

K3 might be faster. Might not be faster.

CR-1 is the "better" visa.

Hope that helps.

[tom&tata 2]

CR-1 comes with permanent residency.

With a K-3, you either need to adjust for permanent residency at some point within the USA or keep the CR-1 cooking and, at the time of the interview, as I understand it, both of you will need to travel to the embassy that handles CR-1 visa applications for the beneficiaries country.

CR-1 is less fuss. It comes with permanent residency, work permission, and freedom to come and go from the USA. K-3 only gives you multiple entry privileges. You have to apply for permission to work, which would probably take a few months.

K3 might be faster. Might not be faster.

CR-1 is the "better" visa.

Hope that helps.

Why both need to travel ?

[pja002 0]

My understanding is that the K visas were introduced to "Keep familys together". It says so on the USCIS website somewhere. CR1/IR1 where taking so long to process that the congress put together the K visas so that the fiance/spouse could enter the US and then complete the permenant visa application from the US.

Apparently the NVC has sped up some in recent years. (Although imho it is still way to slow.)

You must have the CR1/IR1 visa in the end. K3 visa is just a temporary visa.

If you expect difficulty in processing or the embassy in the country that your wife is coming from is slow, check out the Foreign Embassy and Consulate Forum or the Forum devote to that neck of the woods, then you should consider the K3. In our case, the IR1 and the K3 have hit our embassy at the same time so the K3 has not been faster at all, but that is all due to the IMBRA fiasco. We will not be completing the K3.

[Dogwood_Poet 16]

Thanks for all the advice! Right now I think I will stick with the CR-1, but I am going to send Kathlene another set of the biographical forms for her to sign and I will keep them handy if I decide to apply for the K3 for her as well. Maybe it would be a good insurance policy to go ahead and file for the K3 as a backup plan.

But from what I can find out, it does seem that the time difference between the two is getting less and less, so it sort of seem like trying to find the right checkout lane at the grocery store!

[Marilyn. 340]

we didn't have sucess with the K3 back in Canada so we just ditched it and went with the CR1... it took us just over a year from start to finish

[mendeleev 68]

CR-1 comes with permanent residency.

With a K-3, you either need to adjust for permanent residency at some point within the USA or keep the CR-1 cooking and, at the time of the interview, as I understand it, both of you will need to travel to the embassy that handles CR-1 visa applications for the beneficiaries country.

CR-1 is less fuss. It comes with permanent residency, work permission, and freedom to come and go from the USA. K-3 only gives you multiple entry privileges. You have to apply for permission to work, which would probably take a few months.

K3 might be faster. Might not be faster.

CR-1 is the "better" visa.

Hope that helps.

Why both need to travel ?

Good question -- and one I'll look into more. In a CR-1, the beneficiary essentially adjusts status before coming to the USA. If one adjusts status from a K1/K3 within the USA, both spouses attended the AOS interview and the goal is to establish the bona fides of the marriage. I thought the CR-1 interview was completely analogous. Maybe the analogy is only substantial and not complete.

[aussiewench 9]

CR-1 comes with permanent residency.

With a K-3, you either need to adjust for permanent residency at some point within the USA or keep the CR-1 cooking and, at the time of the interview, as I understand it, both of you will need to travel to the embassy that handles CR-1 visa applications for the beneficiaries country.

CR-1 is less fuss. It comes with permanent residency, work permission, and freedom to come and go from the USA. K-3 only gives you multiple entry privileges. You have to apply for permission to work, which would probably take a few months.

K3 might be faster. Might not be faster.

CR-1 is the "better" visa.

Hope that helps.

Why both need to travel ?

Good question -- and one I'll look into more. In a CR-1, the beneficiary essentially adjusts status before coming to the USA. If one adjusts status from a K1/K3 within the USA, both spouses attended the AOS interview and the goal is to establish the bona fides of the marriage. I thought the CR-1 interview was completely analogous. Maybe the analogy is only substantial and not complete.

novotul'

No requirement for both to attend the interview for the CR-1 visa interview. Many if not most of us have done these interviews without the USC spouse present........no different then those interviewing for K visas. If USC spouse chooses to be and the consulate allows then they can be present.

[mendeleev 68]

Wench, as usual, is correct. I don't know how I got it into my mind that I would need to present at a CR-1 interview, since I also "knew" that the relevant embassy for me (Moscow), does not allow USC Petitioners to be present during the interview.

Guess I lost my mind as I was getting ready to return to Russia -- and for sure I lost more of it along the way -- hope the parts catch up with me soon!

[ingridalleny 0]

CR-1 comes with permanent residency.

With a K-3, you either need to adjust for permanent residency at some point within the USA or keep the CR-1 cooking and, at the time of the interview, as I understand it, both of you will need to travel to the embassy that handles CR-1 visa applications for the beneficiaries country.

CR-1 is less fuss. It comes with permanent residency, work permission, and freedom to come and go from the USA. K-3 only gives you multiple entry privileges. You have to apply for permission to work, which would probably take a few months.

K3 might be faster. Might not be faster.

CR-1 is the "better" visa.

Hope that helps.

HELLO, I READ WHAT YOU WROTE , AND THIS IS THE FIRST TIME i CAME TO THIS WEBSITE, THAT i AM GLAD i FOUND, IF YOU COULD ANSWER ME ,IT WOULD BE GREAT HELP, BECAUSE IT IS VERY DIFFICULT FOR ME TO GET STRAIGHT ANSWERS FROM THE EMBASSY., YOU SEEM TO KNOW A LOT OR MORE THAN ME SO ,... I HAVE THE CR-1 VISA AND IT SAYS IT GIVES ME 6 MONTHS TO LEAVE MY COUNTRY (PERU) AND THERE ARE STILL 3 MONTHS TO GO FOR ME TO LEAVE, MY VISA WAS GIVEN IN JULY AND I LEAVE IN NOVEMBER, SO I WAS THINKING IF I HAVE TO CHANGE MY VISA TO THE PERMANET ONE OR IT CAN BE DONE BY ITSELF OR MY HUSBAND HAS TO DO IT? OR...I DONT KNOW... HOW LONG DOES IT TAKE ?BECAUSE I READ SOMEWHERE ELSE THAT I HAVE TO DO IT BEFORE MY SECOND ANIVERSSARY , THAT IS THE DEAD LINE FOR THE CR1, BECAUSE IF IT TAKES TOO LONG MAYBE I CAN LOSE IT, OR NOT...? DOES IT HAVE TO BE DONE FROM THE STATES??OR CAN I SPEED IT UP FROM PERU?.

THANKs A LOT FOR TAKING THE TIME TO READ THIS AND i WOULD APPRECIATE YOUR COMEntS OR ADVICE , THANKS INGRID.ingridalleny@yahoo.com

[aussiewench 9]

HELLO, I READ WHAT YOU WROTE , AND THIS IS THE FIRST TIME i CAME TO THIS WEBSITE, THAT i AM GLAD i FOUND, IF YOU COULD ANSWER ME ,IT WOULD BE GREAT HELP, BECAUSE IT IS VERY DIFFICULT FOR ME TO GET STRAIGHT ANSWERS FROM THE EMBASSY., YOU SEEM TO KNOW A LOT OR MORE THAN ME SO ,... I HAVE THE CR-1 VISA AND IT SAYS IT GIVES ME 6 MONTHS TO LEAVE MY COUNTRY (PERU) AND THERE ARE STILL 3 MONTHS TO GO FOR ME TO LEAVE, MY VISA WAS GIVEN IN JULY AND I LEAVE IN NOVEMBER, SO I WAS THINKING IF I HAVE TO CHANGE MY VISA TO THE PERMANET ONE OR IT CAN BE DONE BY ITSELF OR MY HUSBAND HAS TO DO IT? OR...I DONT KNOW... HOW LONG DOES IT TAKE ?BECAUSE I READ SOMEWHERE ELSE THAT I HAVE TO DO IT BEFORE MY SECOND ANIVERSSARY , THAT IS THE DEAD LINE FOR THE CR1, BECAUSE IF IT TAKES TOO LONG MAYBE I CAN LOSE IT, OR NOT...? DOES IT HAVE TO BE DONE FROM THE STATES??OR CAN I SPEED IT UP FROM PERU?.

THANKs A LOT FOR TAKING THE TIME TO READ THIS AND i WOULD APPRECIATE YOUR COMEntS OR ADVICE , THANKS INGRID.ingridalleny@yahoo.com

ingridalleny

There is no changing of the visa. At POE they will grant you immigrant status with conditions if you have been married less then two years - two year green card. If on entry you have been married two years or more you will be granted immigrant status without conditions - 10 year green card. You do however have to bring it the officers attention at Port of Entry when you are going through immigration if you have been married two years or more on entry, so as the correct status will be granted. Otherwise it can be a pain in the butt to correct later.

Edited September 12, 2006 by aussiewench

[meauxna 15]

I HAVE THE CR-1 VISA AND IT SAYS IT GIVES ME 6 MONTHS TO LEAVE MY COUNTRY (PERU) AND THERE ARE STILL 3 MONTHS TO GO FOR ME TO LEAVE, MY VISA WAS GIVEN IN JULY AND I LEAVE IN NOVEMBER, SO I WAS THINKING IF I HAVE TO CHANGE MY VISA TO THE PERMANET ONE OR IT CAN BE DONE BY ITSELF OR MY HUSBAND HAS TO DO IT? OR...I DONT KNOW... HOW LONG DOES IT TAKE ?BECAUSE I READ SOMEWHERE ELSE THAT I HAVE TO DO IT BEFORE MY SECOND ANIVERSSARY ,

Ingrid, you will do this change, called Removing Conditions or Form I-751, after you have been in the US for almost 2 years. You and your husband will file it together.

Here's a couple of things to read that explain it; let us know if you still have questions afterward.

When you are ready to come to the US:

Arriving in America

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

Maybe it would be a good insurance policy to go ahead and file for the K3 as a backup plan.

But from what I can find out, it does seem that the time difference between the two is getting less and less, so it sort of seem like trying to find the right checkout lane at the grocery store!

Dogwood, that's exactly how I view the K-3--insurance. You don't know what the future holds, and there can be advantages to the K-3. I'm the biggest fan of the Immigrant Visa, but there are times when a K makes more sense. You'll know if you come to one of those times, and having filed I-129f, you'll be prepared too.

The good news that busts your (good) grocery line analogy is that you don't have to be in one line or the other--you are simultaneously in both!

[ingridalleny 0]

HELLO, I READ WHAT YOU WROTE , AND THIS IS THE FIRST TIME i CAME TO THIS WEBSITE, THAT i AM GLAD i FOUND, IF YOU COULD ANSWER ME ,IT WOULD BE GREAT HELP, BECAUSE IT IS VERY DIFFICULT FOR ME TO GET STRAIGHT ANSWERS FROM THE EMBASSY., YOU SEEM TO KNOW A LOT OR MORE THAN ME SO ,... I HAVE THE CR-1 VISA AND IT SAYS IT GIVES ME 6 MONTHS TO LEAVE MY COUNTRY (PERU) AND THERE ARE STILL 3 MONTHS TO GO FOR ME TO LEAVE, MY VISA WAS GIVEN IN JULY AND I LEAVE IN NOVEMBER, SO I WAS THINKING IF I HAVE TO CHANGE MY VISA TO THE PERMANET ONE OR IT CAN BE DONE BY ITSELF OR MY HUSBAND HAS TO DO IT? OR...I DONT KNOW... HOW LONG DOES IT TAKE ?BECAUSE I READ SOMEWHERE ELSE THAT I HAVE TO DO IT BEFORE MY SECOND ANIVERSSARY , THAT IS THE DEAD LINE FOR THE CR1, BECAUSE IF IT TAKES TOO LONG MAYBE I CAN LOSE IT, OR NOT...? DOES IT HAVE TO BE DONE FROM THE STATES??OR CAN I SPEED IT UP FROM PERU?.

THANKs A LOT FOR TAKING THE TIME TO READ THIS AND i WOULD APPRECIATE YOUR COMEntS OR ADVICE , THANKS INGRID.ingridalleny@yahoo.com

ingridalleny

There is no changing of the visa. At POE they will grant you immigrant status with conditions if you have been married less then two years - two year green card. If on entry you have been married two years or more you will be granted immigrant status without conditions - 10 year green card. You do however have to bring it the officers attention at Port of Entry when you are going through immigration if you have been married two years or more on entry, so as the correct status will be granted. Otherwise it can be a pain in the butt to correct later.

thanks to all for answering and giving me sites to ckeck , you are great help just by answering back

[simple_male 1]

Forgive me if this is covered somewhere else. (Reading all the govermentese about visas, etc has me a little confused)

What is the advantages to going CR-1 over K3 or vis-versa? I know the K3 can be faster, but you still have lots of work to do once your spouse is here, while with the CR-1 all we will have to file is at the end of the two years for adjustment from conditional to permanent resident status. (we got married this July)

I live in western Kentucky, so if I understand correctly, we would have to travel the closest office for all of the interviews we would need. Plus I understand she may not be able to work when she first gets here under the K3.

Again, if this is covered somewhere else, let me know and I apologize for not finding it on my own.

I am really enjoying this site and I know it will be a LOT of help as Kathlene and I go on this journey for us to be together again.

Did you read the CR-1 and K-3 guides on thi website? They contain useful information.