K3 Visa and IR1/CR1

[Lavendar 0]

Reading about the K3 Visa and IR1/CR1 ... I am a little confused, and wanted to make sure I am getting this right...a little confused about time line as well. So below is what I think?

1. File I-130

2. Receive I-797. How long does it take to receive this?

3. File I-129F

4. Receive approval of EITHER I-130 or I-129F...

I-130 = the IR1/CR1 petition

Becomes a permanent residence at entry, no AOS needed after entry. Can start working immediately.

I-129F = K3 Visa

Enter the US under K3 (immigrant) Visa, and can stay within US for 2 years and possible extension, with multiple entries.

At this point, either apply for AOS & employment authorization immediately OR notify consulate to continue processing the I-130?

IF chose to notify consulate to continue processing the I-130 (due to faster processing time there instead of AOS)..

Would the spouse need to return to respective country for interview?

Can an employment authorization also be filed?

Another question a little off topic, between the K1 and K3, on average, is the K1 easier to do and faster to process?

[Que Saudade 284]

K3 Visa has been phased out. No longer an option.... That should help..

[canadian_wife 1,822]

K3 Visa has been phased out. No longer an option.... That should help..

This is not exactly true, USCIS will process the I129F and the I130 together and, generally, approve both petitions on the same day. Now, NVC policy says that if the petitions arrive together, the I129F will be administrativly closed

However, recently in a few cases USCIS has been sending the I129F first allowing it to be processed and advanced onto the consulate

Good luck

[Lavendar 0]

Sorry, another question...

1. The I-130/I-129F is being process and the spouse visits under VWP.

2. Before the duration of the intended stay ends, we find out that the I-130/I-129F has been approved.

3. Will the spouse need to return to respective country and re-enter US? What is the proper process in this case?

[canadian_wife 1,822]

Anytime the spouse enters the US they must leave on or before the date of their authorized stay. In this case if the I129F and the I130 are approved by USCIS and the beneficiary is in the US then yes, the spouse MUST return. This is to prevent overstay and to complete the medical and interview in the home country, in this case, the UK

Good luck

[Darnell 8,478]

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/

[pushbrk 12,898]

K3 Visa has been phased out. No longer an option.... That should help..

Several indications lately that USCIS has changed their petition forwarding policy to counteract the 2/1/2010 NVC change in policy. While I think you need a special reason to WANT a K3 visa and have thought that since late 2006, I would no longer say K3 isn't an option. Things change and they may well have changed again recently.

[JoannaV 174]

In general, the CR-1/IR-1 is processed fast enough to make the K3 irrelevant. There may be some situations where the K3 is still an option, but coming from the UK I really don't think so.

[pushbrk 12,898]

In general, the CR-1/IR-1 is processed fast enough to make the K3 irrelevant. There may be some situations where the K3 is still an option, but coming from the UK I really don't think so.

K3 is a good option when immediate immigration is not planned. These situations are fairly unusual but we see them quite often just the same.

[Nich-Nick 3,354]

Sorry, another question...

1. The I-130/I-129F is being process and the spouse visits under VWP.

2. Before the duration of the intended stay ends, we find out that the I-130/I-129F has been approved.

3. Will the spouse need to return to respective country and re-enter US? What is the proper process in this case?

Lavender--I think you're missing a piece of the puzzle. Approval of the petition is just the first part. It allows your spouse to apply for a visa. There's still more forms, documents to gather, fees to pay, a medical exam in London and an interview in London.

He is months from being able to live in the US when the petition is approved.

[Lavendar 0]

Lavender--I think you're missing a piece of the puzzle. Approval of the petition is just the first part. It allows your spouse to apply for a visa. There's still more forms, documents to gather, fees to pay, a medical exam in London and an interview in London.

He is months from being able to live in the US when the petition is approved.

Oh... I thought that was all part of the processing of I-130..

So a more proper timeline would be (for CA Service Center, 5 months processing time)

Day 1 - File I-130

Month 5 - Approval of I-130 (USCIS)

Month 5.5 - Approved I-130 goes from USCIS to NVC

Month 5.5~9.5 - More forms, documents, medical exams, interview? (NVC) (4 month estimate I am pulling from thin air, sound about right?)

Month 9.5 - Spouse goes to USA and becomes permanent residence at entry

[canadian_wife 1,822]

Don't set timelines for yourself, bank on 8-12 months from start to finish. You'll only get disapointed if you set these timelines

It takes as long as it takes

Good luck

[Nich-Nick 3,354]

Oh... I thought that was all part of the processing of I-130..

So a more proper timeline would be (for CA Service Center, 5 months processing time)

Day 1 - File I-130

Month 5 - Approval of I-130 (USCIS)

Month 5.5 - Approved I-130 goes from USCIS to NVC

Month 5.5~9.5 - More forms, documents, medical exams, interview? (NVC) (4 month estimate I am pulling from thin air, sound about right?)

Month 9.5 - Spouse goes to USA and becomes permanent residence at entry

I'll edit your schedule a bit, but won't guess the time because each step as potential to have delays along the way.

File I-130

Approval of I-130 (USCIS)

Approved I-130 goes from USCIS to NVC

More forms, documents, fee payment (NVC)

Case goes from NVC to London embassy

Medical exams, immunizations, interview (London)

CR1 visa approved. Delivered 7-10 days later.

Spouse goes to USA and becomes permanent residence at entry

To speed things uo, look ahead at what must be done for the next step.

Example: one of the documents to NVC is a UK police certificate. It requires a passport photo and signing off by someone "official" whose known you 2 years. then you wait on it to arrive. It's good for 12 months. So before the petition is approved, order the police certificate so it's there the minute NVC is ready for it.

Example: Immunizations are required to get a CR1. Learn what they are. Go to NHS and get your shots and a list of all your previous immunizations sorted so you are prepared for the medical exam with immunization proof.

Don't worry about the whole thing now, but while you're waiting at one step, figure out what will be asked of you at the next one before they give you instructions of what to do.

[Darnell 8,478]

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

[BryaNadiya 0]

Bryan and I started on the K3 visa on the advice of my sister. We have now got to the NOA2 stage and recently Bryan sent an e-mail to the NVC about me completing the process in the US as I was due to visit him soon. (They said no by the way, as I guessed they would).

I am now confused as to what to do (if anything) after noticing that they have listed our preference category as CR1. Can anyone explain what this now means for us?

Case Number: xxxxxxxxxxxxxx

Petitioner's Name: BRYAN

Principal Applicant's Name: NADIA

Preference Category: CR1

Your Priority Date: 19May2011

Foreign State Chargeability: GREAT BRITAIN AND NORTHERN IRELAND

U.S. EMBASSY

24 GROSVENOR SQUARE

LONDON, W1A 1AE

UNITED KINGDOM