Just Married...CR1 or K3

[Moyo 0]

We finally got married in California. Just got back from honeymoon and we are going to start the visa process.

I live in Toronto and my spouse lives in San Diego. I am starting to see that a CR1 could be faster or better than a K3?

What should I do to be able to be down in San Diego to live and work in the shortest time?

Thanks!

[Samoray 165]

IR1/CR1 is your best bet as a spouse of a USC

Good Luck

[Darnell 8,478]

K-3's are unobtainable these days, as the underlying petition, the I-129F, is closed at NVC when it travels together with the approved I-130.

Have a read?

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/

then let us know what you decide ?

[Moyo 0]

Thank you. I am guessing its about an 8 month wait? Or is it longer now?

[YuAndDan 153]

Thank you. I am guessing its about an 8 month wait? Or is it longer now?

8 months is the norm for most consulates, 5 months or so at USCIS, 2 months at NVC, and then another month or so at the consulate.

CR-1 is better than K-3, most doing a K-Visa do not realize, cannot work for months after arriving in the USA.

Also NVC has been closing K-3 petitions for more than a year now, do to it being an irrelevant visa type. K-3 was for WAITING for I-130 approval, and since I-130 is being approved BEFORE K-3 can be issued, there is no longer a need for it.

Edited April 7, 2011 by YuAndDan

[canadian_wife 1,822]

Figure 8 - 10 months. Montreal can be really slow, it has taken up to 7 months just to get an interview in the past. Thankfully they have sped up considerably but you never know when it can revert back

Good luck

[Harsh_77 718]

Last I know was they were not doing K3, they are diverting them to CR1.

[Moosker 7]

IR1/CR1!

[Me and my wife 9]

K3 is supposed to be faster. Some people get k3 visa whereas some donot, as their CR1 and k3 get approved at the same time. It is the matter of luck. Some people follow cr1 route and get their spouse here in USA in 7 months and some waiting over 9 months like me. No one can expect anything certain. THere is no standards and timelines in the immigration. Only difference between cr1 and k3 is "when application get approved, it is sent to embassy quicker. One doesnot has to provide many documentation to NVC". If k3 is approved,Looking at timelines, k3 is faster than cr1 for 1 or 2 months. Best thing about k3 is "if you do not have strong income, you can do adjustment of status and show affidit of support with both spouse income after spouse come to USA". It is really hard to say which one is better as it will be very hard to stay away from spouse, as you start living seperately. It depends on you how you want to balance these stuff. It depends totally on your priority.

[Darnell 8,478]

K3 is supposed to be faster.

Not since October 2009. What have you been reading?

[Jojo92122 1,924]

We finally got married in California. Just got back from honeymoon and we are going to start the visa process.

I live in Toronto and my spouse lives in San Diego. I am starting to see that a CR1 could be faster or better than a K3?

What should I do to be able to be down in San Diego to live and work in the shortest time?

Thanks!

Where are you right now? Are you in the US or outside the US?

If you are inside the US, you can file to adjust your status to a legal permanent resident. Filing will allow you to stay in the US legally.

[Moyo 0]

Where are you right now? Are you in the US or outside the US?

If you are inside the US, you can file to adjust your status to a legal permanent resident. Filing will allow you to stay in the US legally.

I am inside the USA and Canada on a daily basis. I am employed as a pilot in Canada. That is what I was wondering...if I can do an AOS even though I do not have (nor require) a visa to enter the USA.

[canadian_wife 1,822]

If you do AOS then you are actually unable to travel until you have your green card or your AP (advanced parole). This can take up to 90 days to get. if you are a pilot, can your profession sustain this?

If no, then simply file the I-130

PS - when you do travel to the US as a pilot, do you use a crewman's visa? If yes, you cannot adjust status anyway

Good luck

[Moyo 0]

If you do AOS then you are actually unable to travel until you have your green card or your AP (advanced parole). This can take up to 90 days to get. if you are a pilot, can your profession sustain this?

If no, then simply file the I-130

PS - when you do travel to the US as a pilot, do you use a crewman's visa? If yes, you cannot adjust status anyway

Good luck

I dont go to the USA with a crewman visa. I also go once a month to visit. I hate the part about being unemployed for 3 months but moreso of waiting for 10 months for a CR1 to process.

[YuAndDan 153]

If you do AOS then you are actually unable to travel until you have your green card or your AP (advanced parole). This can take up to 90 days to get. if you are a pilot, can your profession sustain this?

If no, then simply file the I-130

PS - when you do travel to the US as a pilot, do you use a crewman's visa? If yes, you cannot adjust status anyway

Good luck

Actually a K-3 can travel while the visa is valid, however, most consulates started shortening it down to a 90 day visa because of the approved I-130, no sense traveling while waiting for something to get approved that was approved BEFORE K-3 was issued. This was in the months before NVC started closing K-3 petitions altogether.