Is It Worth a Try??

[pushbrk 13,027]

Apply now dont delay anymore, CR1 is the choice, as far I know they were closing down K3.

Even ppl who had applied for K3 were being put in CR1 line, now immigration wanted all the test and finger print and all that stuff done prior to foregin spouse entering US.

Please learn and remember the difference between filing a petition and applying for a visa. Even people who filed petitions with the hope of their foreign spouse being able to apply for a K3 visa have been severely disappointed for a very long time.

[Adil & Jeanne 296]

I agree. This is one thing people can avoid with all the birth control out there. It does not support hardship. And K-3? Thought they did not use that anymore. My lawyer told me it was replaced with CR-1. There are some old cases floating around but the K-3 is called CT-1.

And all of us have hardships. Just this process is hard. Countries we deal with are torn by wars and no jobs and no educaiton chances.

[Dumb/Dumber 61]

Please learn and remember the difference between filing a petition and applying for a visa. Even people who filed petitions with the hope of their foreign spouse being able to apply for a K3 visa have been severely disappointed for a very long time.

Yes, so true waiting 8 months today for an NOA2.

[pushbrk 13,027]

I agree. This is one thing people can avoid with all the birth control out there. It does not support hardship. And K-3? Thought they did not use that anymore. My lawyer told me it was replaced with CR-1. There are some old cases floating around but the K-3 is called CT-1.

And all of us have hardships. Just this process is hard. Countries we deal with are torn by wars and no jobs and no educaiton chances.

Correction. CR1 never replaced K3. CR1 has been around a long time. K3 came into existence in 2001. K3 became virtually unavailable 2/1/2010 but there are some signs of procedure change that MAY make it possible to obtain again. It's too soon to be sure. I expect "replaced with" is just a misinterpretation of what your lawyer said but as a practical matter, he was wise to advise against trying it, at least at the time you filed.

[nica_chica3 0]

I want to thank everyone that actually gave advice. Part of me still wants to just try for the K-3. 4 to 6 weeks definitely makes a difference when dealing with a pregnancy. It could make the difference between him being here and not being here for the birth. We were also thinking of just trying for a tourist visa for right now, but with him being in Nicaragua and not having a bank account, property in his name, etc. that would give him ties, it seems like it would be a waste of money, time and effort. I know there is no "quick-fix", although it doesn't keep my heart from hoping!

I do want to say that I'm a little taken back by all the negativity around my pregnancy. Seems like everyone jumps to the conclusion that I did this because I thought the USCIS would jump to do whatever I wanted. That is absolutely not the case. As I see it, God gave me a miracle and I merely want my husband to experience it with me. That's it. The end. Therefore, I was asking for advice simply as to whether the K-3 is faster than the CR-1. All this junk about pregnancy just means you had sex is #######. Makes me second guess the forums here. Don't make premature judgments about people because of who you think they are. Maybe try to place yourself in their shoes for a second before you respond.

I know everyone around here probably gets irritated when it "appears" people want to cut corners, but I hope everyone reading this can understand the sentiment in having your family together for the birth of your first child. It's not how I planned it, but I wouldn't change it for the world. If any of you out there are praying people, I would ask you to please pray that it will all work out for him to get here, whatever way that may be. Thanks!!

[pushbrk 13,027]

I want to thank everyone that actually gave advice. Part of me still wants to just try for the K-3. 4 to 6 weeks definitely makes a difference when dealing with a pregnancy. It could make the difference between him being here and not being here for the birth. We were also thinking of just trying for a tourist visa for right now, but with him being in Nicaragua and not having a bank account, property in his name, etc. that would give him ties, it seems like it would be a waste of money, time and effort. I know there is no "quick-fix", although it doesn't keep my heart from hoping!

I do want to say that I'm a little taken back by all the negativity around my pregnancy. Seems like everyone jumps to the conclusion that I did this because I thought the USCIS would jump to do whatever I wanted. That is absolutely not the case. As I see it, God gave me a miracle and I merely want my husband to experience it with me. That's it. The end. Therefore, I was asking for advice simply as to whether the K-3 is faster than the CR-1. All this junk about pregnancy just means you had sex is #######. Makes me second guess the forums here. Don't make premature judgments about people because of who you think they are. Maybe try to place yourself in their shoes for a second before you respond.

I know everyone around here probably gets irritated when it "appears" people want to cut corners, but I hope everyone reading this can understand the sentiment in having your family together for the birth of your first child. It's not how I planned it, but I wouldn't change it for the world. If any of you out there are praying people, I would ask you to please pray that it will all work out for him to get here, whatever way that may be. Thanks!!

Remember the upside was 4 to 6 weeks, MAYBE, with the potential downside of the I-129F filing actually delaying the eventual CR1 process. Your choice but look at both sides first.

[Harsh_77 718]

Please learn and remember the difference between filing a petition and applying for a visa. Even people who filed petitions with the hope of their foreign spouse being able to apply for a K3 visa have been severely disappointed for a very long time.

So you r saying they are still issuing K3??

[pushbrk 13,027]

So you r saying they are still issuing K3??

It's not as simple as that. The "they" that issues visas are the "Consulates". If they get an application for a K3 visa, they will process it and issue it if the applicant is eligible. The difficulties in getting to that point are the result of turf wars between NVC (Dept. of State) and USCIS (Homeland Security). Since about 2004, when USCIS processing of I-130 for spouse of USC, pretty much caught up to their processing of I-129F for spouse, NVC began having double work for each visa applicant. The petitioners would let both petitions move through the process and take whichever came out first. The ideal became that the K3 visa appointment would be set and then the I-130 would arrive at the Consulate. The K3 interview would then become a CR1 interview a couple months earlier than it could have been accomplished otherwise. A K3 visa cannot be issued when an immigrant visa is immediately available and "immediately available" was left to State Dept. to define. They defined it as the I-130 case file being on station at a Consulate abroad. (Prior to 11/2006 I-129F petitions were adjudicated in Missouri, while the associated I-130 was in California or Vermont.

On 2/1/2010, NVC reacted by changing its procedures to consider an immigrant visa available when the I-130 was on station at NVC and started administratively closing I-129F petitions when they would arrive together with the I-130.

It APPEARS, USCIS has begun to counter that new NVC policy by holding the I-130 a few days and sending the I-129F on ahead. When the I-129F arrives ahead of the I-130, it gets pushed through to the Consulate, giving the couple the option to cease processing the I-130 through NVC, in favor of the K3 visa. My caution is that there are only about three instances I can point to recently where the I-129F got through. It's not enough to know for certain whether USCIS actually countered NVC or they are anamolies.

[Darnell 8,479]

regardless, you still need to file the I-130.

I suggest you ask for the expedite in the cover letter that you'll include in the I-130 submittal

and

on the outside of your envelope, write in big red letters 'I-130 Expedite' as the mail room will route it differently than if there was no expedite request.

IMO, you'll be approved for the expedite, as yer the USCitizen/Petitioner .

Remember, IF you get the expedite at USCIS, you'll have to ask for another expedite at NVC, and getting one there is do-able, as well. Usually it means the paperwork intake gets shoved to the Embassy IV unit, but there are variances on that, as well.

Good Luck! I say forget the K-3, these are mostly unattainable - see 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/

[san diego 407]

Completely agree with Darnell. Expedite for sure. You may not get it but you can try.

[nica_chica3 0]

regardless, you still need to file the I-130.

I suggest you ask for the expedite in the cover letter that you'll include in the I-130 submittal

and

on the outside of your envelope, write in big red letters 'I-130 Expedite' as the mail room will route it differently than if there was no expedite request.

IMO, you'll be approved for the expedite, as yer the USCitizen/Petitioner .

Remember, IF you get the expedite at USCIS, you'll have to ask for another expedite at NVC, and getting one there is do-able, as well. Usually it means the paperwork intake gets shoved to the Embassy IV unit, but there are variances on that, as well.

Good Luck! I say forget the K-3, these are mostly unattainable - see 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/

How do I go about proving the need for expediting?? What evidence are they looking for? What kind of documents, etc??

[san diego 407]

How do I go about proving the need for expediting?? What evidence are they looking for? What kind of documents, etc??

I think you need to provide the evidence that you are in financial hardship due to pregnancy and likely temporary disability. This is my take and this is true. I mean, how can you work while recovering from delivery?

Good luck!

[pushbrk 13,027]

I think you need to provide the evidence that you are in financial hardship due to pregnancy and likely temporary disability. This is my take and this is true. I mean, how can you work while recovering from delivery?

Good luck!

Well, first you need an actual justification. Once you've decided what that is, then document it. If it's just that you're pregnant, document that. More reason is better. Pregnancy, in and of itself really isn't a justification, IMO, but it doesn't hurt to try. Whatever you do, it must be the truth.

[san diego 407]

Well, first you need an actual justification. Once you've decided what that is, then document it. If it's just that you're pregnant, document that. More reason is better. Pregnancy, in and of itself really isn't a justification, IMO, but it doesn't hurt to try. Whatever you do, it must be the truth.

I agree, it must be true.

[nica_chica3 0]

Well, first you need an actual justification. Once you've decided what that is, then document it. If it's just that you're pregnant, document that. More reason is better. Pregnancy, in and of itself really isn't a justification, IMO, but it doesn't hurt to try. Whatever you do, it must be the truth.

I'm not sure if it's justifiable or not. I guess that's the hard part. I know I have previous outstanding medical bills (I have back problems) that total around $1100, and the prenatal bills are about to start rolling in. And then there is the fact that I will have 3 months family/medical leave after the baby, but it is unpaid time. So that means I would have 3 months without any income whatsoever. Does that kind of stuff sound justifiable??