Going after CR1 after getting K3

[kpathak 0]

Folks,

My wife should be getting her K3 shortly and should be home by the end of the month. My CR1 file will be getting to the embassy in a couple of months (after I respond to an RFE soon).

Just confirming -- we can still pursue the CR1 process (in liew of the EAD/AOS) right? She can still go to India, give another interview and put an end to the immigration water torture, right? No EAD/AOS required after that?

Thanks,

KP

[aussiewench 9]

That is correct, there is no AOS or applying for EAD etc. Sometimes one has to apply for the SSN if it doesnt come through automatically as it should but thats it. If on entry to the US with the CR-1 and the marriage is less than two years she will be granted immigrant status with conditions (2 year GC), which she must apply to have removed 90 days prior to the two year anniversary on entry to the US. If married two years or more on entry to the US, she will be granted immigrant status with no conditions (10 year GC). One should bring it to the attention of the immigrations officer if one has a CR-1 and married two years or more on entry, to ensure the correct status is granted.

[Jayman007 0]

So, my wife was issued her K-3 visa in Thailand and is now in the US with me. We travel back and forth between the US and Thailand and stay about 3 months in each location. Her I-130 was approved and we now have the option of going back to Thailand for the CR-1 visa or doing the AOS here in the US. I'm not sure what to do. What is the fastest/cheapest/easiest option here?

If we were to continue on with the CR-1 visa in Thailand, what paper work from the K-3 visa can be used again? Does she have to get the medical and police certs again? I am leaning toward the CR-1 visa as she can continue to travel on her current K-3 and she can interview again in Thailand (more comfortable for her).

If anyone wants to add their opinions on the subject that would be greatly appreciated.

[simple_male 1]

Folks,

My wife should be getting her K3 shortly and should be home by the end of the month. My CR1 file will be getting to the embassy in a couple of months (after I respond to an RFE soon).

Just confirming -- we can still pursue the CR1 process (in liew of the EAD/AOS) right? She can still go to India, give another interview and put an end to the immigration water torture, right? No EAD/AOS required after that?

Thanks,

KP

KP,

You are right.

[Jayman007 0]

So we have received the I-130 approval already. The last thing I received from NVC was the payment due for the I-864 processing as well as the choice of agent form. If I send this payment in, what happens next? Where and when do I send in the I-864?

We will be traveling back to Thailand soon (after 2 months) and I want to know if I should be expecting more papers in the US or if the processing gets picked up by the Embassy in Thailand and they start mailing us directly at our address in Thailand.

Edited September 14, 2006 by Jayman007

[kpathak 0]

Thanks for all the responses folks -- appreciate it and it helps.

Cheers,

KP

[aussiewench 9]

You can send the I-864 as soon as you know it has been generated by NVC. The addresses you will find in James Shortcuts.

Have you read NVC Timesavers. Within that thread you will also find James Shortcuts. There is also info about making your choice of agent (which is the DS-3032) by email. Many have been successfully emailing the choice of agent for quite some time now. The email should come from the beneficiary, just as the DS-3032 would have. Just remember that whoever is made choice of agent and the address used, is where the IV Bill and DS-230 (visa application) will be sent to. May be tricky for you planning this to know where you will be when the IV Bill is generated and sent out from NVC as this is something that cannot be self generated. You will need to get your timing right. The sooner you get the choice of agent in the sooner they will generate the IV Bill. That being the case you should be able to have the IV Bill sent to your US address with you as the choice of agent as even if you are in Thailand you can self generate. Just have someone that you trust that can double check on the DS-230 packet that you will receive at your US address to ensure you will be submitting all that is required from your spouse as consulates can vary with certain documents etc.

DS-230 - Only part one should be signed. If required to also submit Part II, it is signed at the interview.

Information on DS-230 packet from NVC

Click on the appropriate link for what is required at NVC. If the top link does not apply to the country of the applicant/beneficiary, then you are only required to submit part I along with a photocopy of the biographics page of the passport

Instructions for Immigrant Visa Applicants (applying in Albania, Canada, Lebanon, Philippines, Turkey, United Arab Emirates or on the continent of Africa)

When one is required to submit both parts 1 & II and all documents listed in the above link, the NVC reviews all documents and schedules the interview. Part 1 should only be signed not part II as that has to be signed at the interview stage in front of the conof.

Instructions for Immigrant Visa Applicants (NOT applying in Albania, Canada, Lebanon, Philippines, Turkey, United Arab Emirates or on the continent of Africa)

When one is only required to submit DS-230 part 1 and a copy of the biographics page of the passport, the consulate will schedule the interview.

So we have received the I-130 approval already. The last thing I received from NVC was the payment due for the I-864 processing as well as the choice of agent form. If I send this payment in, what happens next? Where and when do I send in the I-864?

We will be traveling back to Thailand soon (after 2 months) and I want to know if I should be expecting more papers in the US or if the processing gets picked up by the Embassy in Thailand and they start mailing us directly at our address in Thailand.

Edited September 14, 2006 by aussiewench

[miker32us 6]

My wife just got her K-3 also and we have decided to follow the CR-1 in Taiwan rather than file for AOS. We have to go back to Taiwan next spring and hope to get the CR-1 completed then. The CR-1 has already been approved by USCIS and is at NVC awaiting the payment of the $70 fee bill and $380 immigrant visa application bills. My logic was that AOS would involve USCIS and I wanted to avoid them at any cost. Does this make sense?

[tshah 0]

My wife just got her K-3 also and we have decided to follow the CR-1 in Taiwan rather than file for AOS. We have to go back to Taiwan next spring and hope to get the CR-1 completed then. The CR-1 has already been approved by USCIS and is at NVC awaiting the payment of the $70 fee bill and $380 immigrant visa application bills. My logic was that AOS would involve USCIS and I wanted to avoid them at any cost. Does this make sense?

I don't know. Generally these days FBI name check can delay the issuance of visa even at consulate or here. If the case is at foreign consulate and it is held up due to FBI name check, it makes it very difficult to keep track when you are living in the US. On the contaray, if you are doing AOS in the US and you held up in FBI name check, then you still can stay in the US on K3 and even after K3 expiration based on filling the extension to stay in the US.

If you are in the foreign country and your visa is help up due to FBI name check, then you will have to wait it out there and you may not be able to come to the US if your K3 has expired. Filing the extension after K3 if your green card process is not done, is only available if you do AOS here in the US. It is not an option if you are continuing CR-1 at the consulate.

So this is a tough question to answer. I'm also in the same situation and slowly but surely I'm leaning towards AOS.

[de&a 0]

If we were to continue on with the CR-1 visa in Thailand, what paper work from the K-3 visa can be used again? Does she have to get the medical and police certs again? I am leaning toward the CR-1 visa as she can continue to travel on her current K-3 and she can interview again in Thailand (more comfortable for her).

If anyone wants to add their opinions on the subject that would be greatly appreciated.

We are considering the same thing. What paperwork if any can be used again from the K3 for the CR-1?

Thanks

[user786 0]

Regarding the statement "Filing the extension after K3 if your green card process is not done, is only available if you do AOS here in the US. It is not an option if you are continuing CR-1 at the consulate."

Actually you can file I-539 extension of K3 status if you are in the USA and awaiting CR-1 at a foreign consulate. The question is if you will still be allowed to travel back into the US if you leave. This seems to be highly debateable. Some say the extension is only to keep you in legal status while in the usa but you can no longer travel out and back in on the extension. Others say that you can continue to stay legally in the US on the extension and that it is also valid for reentry after travelling out.

Back the the point though....you can defeintely file I-539 extension of K3 status even if you are awaiting immigrant visa interview at a foreign consulate. You are required to submit proof that you have alredy applied for adjustment of status in the usa OR that you are applying for immigrant visa at foreign consulate.

My wife just got her K-3 also and we have decided to follow the CR-1 in Taiwan rather than file for AOS. We have to go back to Taiwan next spring and hope to get the CR-1 completed then. The CR-1 has already been approved by USCIS and is at NVC awaiting the payment of the $70 fee bill and $380 immigrant visa application bills. My logic was that AOS would involve USCIS and I wanted to avoid them at any cost. Does this make sense?

I don't know. Generally these days FBI name check can delay the issuance of visa even at consulate or here. If the case is at foreign consulate and it is held up due to FBI name check, it makes it very difficult to keep track when you are living in the US. On the contaray, if you are doing AOS in the US and you held up in FBI name check, then you still can stay in the US on K3 and even after K3 expiration based on filling the extension to stay in the US.

If you are in the foreign country and your visa is help up due to FBI name check, then you will have to wait it out there and you may not be able to come to the US if your K3 has expired. Filing the extension after K3 if your green card process is not done, is only available if you do AOS here in the US. It is not an option if you are continuing CR-1 at the consulate.

So this is a tough question to answer. I'm also in the same situation and slowly but surely I'm leaning towards AOS.

[Yodrak 7]

Jayman,

You should have received a form DS-3032, choice of address and agent, from the NVC to tell them to who and at what address mailings should be sent.

Since you and your wife will be traveling back and forth between the USA and Thailand, you may want to designate a 3rd party in a stable location to receive the mailings and forward them to wherever you may be at the time.

Yodrak

So we have received the I-130 approval already. The last thing I received from NVC was the payment due for the I-864 processing as well as the choice of agent form. If I send this payment in, what happens next? Where and when do I send in the I-864?

We will be traveling back to Thailand soon (after 2 months) and I want to know if I should be expecting more papers in the US or if the processing gets picked up by the Embassy in Thailand and they start mailing us directly at our address in Thailand.

[Jayman007 0]

We decided to just go ahead and do the AOS here in the US. I emailed the Embassy in Bangkok and they told me she would have to go and do the medical eval all over again for the CR-1. She would NOT be able to reuse her medical paperwork from her K-3 application. Knowing that, we decided it would be easier to just file the AOS here in the US.