CR-1 or K-3?

[ny123 0]

Hi,

I am US citizen, and just married with a Chinese lady. I hope she can come to US ASAP (green card or not initially doesn't matter at all)

I consult an attorney, here is the reply:

"If you want her to come in asap, the K-3 will be the fastest to get into the U.S. by probably a couple of/few months.

I checked online and the I-130 is taking about 7 months and the I-129 for the K-3 is taking about 5 months"

Is what he said true that K-3 is faster than CR-1?

If so, why do more people in here choose CR-1 instead?

We will use VSC.

thanks a lot!

[Donnison2011 1]

I don't think the K3 is even an option any longer. Believe you have to go the CR1 route and it can take 9-12 months aprox to complete the process.

Anybody please feel free to correct me if I am wrong

[ny123 0]

I don't think the K3 is even an option any longer. Believe you have to go the CR1 route and it can take 9-12 months aprox to complete the process.

Anybody please feel free to correct me if I am wrong

Thanks.

that's what I thought also (CR-1). So it's safe to say this attorney sucks, at least he doesn't have much experience on this field.

[Ryan H 3,812]

I don't think the K3 is even an option any longer.

Incorrect, the provision of the LIFE Act that created the K3 was never repealed. The K3 is still on the books.

Now with that being said........

OP: That attorney you spoke with has not kept up with the times. If you were to file an I-129F in conjunction with an I-130, USCIS would pull the I-130 from it's place in the queue and place it with the I-129F that was just submitted, that's how the two petitions are tied together. Furthermore, if the I-129F for K3 arrives at the NVC at the same time or after the I-130 arrives there, the I-129F will be administratively closed.

Posted times by USCIS from NOA1 to NOA2 is 5 months. With a CR-1, electronic processing is available when the file arrives at the NVC. If you opt for EP, then your file will be electronically transferred to the Consulate in Guangzhou, no wait time for it to be shipped there and sit in the customs warehouse for a length of time.

Once the NVC completes their work on the file and electronically transfers the file to GZ, you are looking at a 25-45 day timeframe for an interview.

A tentative timeframe would look like this:

NOA1 to NOA2: 5 months; can be more, can be less, depends on how fast the service center your file is sent to is working

NVC: if you manage things correctly on your end, it can be quick; you can't control things on the NVC end; the time your file is at the NVC can be a few weeks or a couple of months

Consulate: after the NVC completes the file and transfers it electronically, interview will take place in 25-45 days

If you don't opt for EP, then you have the time it takes for the file to shipped from the NVC to the Consulate and the time the file will sit in the customs warehouse until the Consulate has it brought over

Edited July 6, 2011 by Ryan H

[ny123 0]

thanks a lot, Ryan!

[Navyk 78]

I just want to let you know that there is thread out here - you can check it yourself. This guy filed I-130 and then filed I-129F (K-3) after receiving NOA1 of the I-130. His I-130 was approved and generally the I-129F gets dropped after I-130 is approved but in his case his I-130 got approved way back on 5/20 but his case was kept pending as the I-129F wasn't approved yet by 5/20. it is almost 40 days after I-130 was approved and he case is not being transferred to NVC.

I am not saying that every case will be like this but just be cautious in making a decision. I debated on these two options and dropped the ides of filing for I-129f, as the times lines were just 10 - 20 days apart. And the cost involved in I-129F is more, as one will have to pay fees for I-485 (Adjustment of status) after entry into US and also run around the ofice to get Green Card..... with I-130, your spouse will come in under Green Card status and the Green card will be mailed to the address given in the DS-230.

Bottom line, just ignore the I-129F (K-3) route. I-129F (K-1) route is different and is for bring a finacee and not for spouses.

[Darnell 8,478]

ya, historically, the I-129F for subsequent K-3 is dropped at NVC after USCIS approves it -

see 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/

I would question yer attorney, if he/she/it knows anything about Electronic Processing for Guangzhou bound Visa Applications - if he/she/it does not - run for the hills.

[ny123 0]

Thanks a lot, Navy and Wuhanrocks!

any good attorneys on this in NJ?

[Darnell 8,478]

I don't pay attention to state-specific attornies, as VJ is a 'do it yerself' immigration web portal.

If you truly wish to check in with an attorney who is Guangzhou specific, I highly recommend Marc Ellis (google 'Marc Ellis Immigration' for his website)

[Shenzhen 34]

In my opinion if you do not have any red flags and have never filed before I would do it your self. Attorney's will probably slow you down. Once they get your money you are just a number. MY attorney cost me 4 months. Since I was supporting her while she was waiting to come here that cost me quite a bit. IF I was not on top of the game by following visa journey it would have been much much longer. You just have to make sure all the forms are filled out correctly the attorney fills them out and then has you look them over. YOU provide the information! I have filed 2 previous petitions huge red flags in the end I had to hire someone in Guangzhou to help us anyhow. I can provide her information to you when the time comes. She was awesome and extremely reasonable. For example I sent in 3 tax returns 07,08,09 Also my attorney did not tell me I needed 2010 tax return. I was informed no 2010 return no visa. I had 3 weeks to get it filed before her interview. I literally got everything sent to her 1 week before her interview. OH from what I have read filing both K-3 and Cr-1 will just slow things down. Just file the CR-1. My attorney filed both and I waited 7.5 months at the USCIS.