K-3 to CR-1 conversion process questions

[rgfox 10]

I have read through the guides, and I have a few questions for folks who have been through the process. I filed the I-130 and I-129F for my wife and am now in the well-known holding pattern. And wondering why they just don't get rid of the K-3 altogether if they just convert it to a CR-1 anyway! But I digress.

1) Will I need to send the Affidavit of Support to the NVC, or to my wife to take with her to the interview? Does this depend on whether they close the K-3 or not? It is not clear to me.

2) The Choice of Agent form: is this only applicable for the CR-1? She should specify me as the agent, right? I am a USC in Washington, DC, she is in Russia.

3) If she designates me as the agent, the Consulate in Moscow will still communicate directly with her with instructions for the interview, to schedule it, etc, right?

Just thinking ahead. Thanks,

Richard

[MIBEN 83]

Original AOS goes to NVC they forward it to the embassy. Your wife should have a copy of all documents for the interview.

Yes you will be her appointed agent unless she has an attorney. You will get notiified before her just send her any emails you receive.

Good luck,

[Ryan H 3,812]

I have read through the guides, and I have a few questions for folks who have been through the process. I filed the I-130 and I-129F for my wife and am now in the well-known holding pattern. And wondering why they just don't get rid of the K-3 altogether if they just convert it to a CR-1 anyway! But I digress.

A K3 petition is not converted, it's administratively closed by the NVC if they have an approved CR-1 petition on station.

1) Will I need to send the Affidavit of Support to the NVC, or to my wife to take with her to the interview? Does this depend on whether they close the K-3 or not? It is not clear to me.

If you end up on the CR-1 path, you will send the Affidavit of Support to the NVC.

2) The Choice of Agent form: is this only applicable for the CR-1? She should specify me as the agent, right? I am a USC in Washington, DC, she is in Russia.

The choice of agent form is only applicable when processing by the NVC is involved (as is the case with the CR-1). If you have an attorney, the attorney is automatically designated as the agent and this is a form you will never deal with. Otherwise, she can designate whomever she wants to be the agent, foreign beneficiaries usually designate the US Citizen petitioner.

3) If she designates me as the agent, the Consulate in Moscow will still communicate directly with her with instructions for the interview, to schedule it, etc, right?

Once the case is complete at the NVC, the NVC will schedule an interview based on what the Embassy in Moscow has available. Both of you will be notified.

Yes you will be her appointed agent unless she has an attorney.

The OP would only be the appointed agent if his wife specifically designates him as the agent, he would not be automatically designated as the appointed agent as this statement would imply.

[pushbrk 12,883]

The I-130 petition is technically not a CR1 petition. If CR1 is the appropriate visa category for the beneficiary, it is the approved I-130 that puts them on that path. Otherwise, the approved I-130 puts any beneficiary on the immigrant visa path appropriate to their circumstance and relationship to the petitioner.

Thank you for again correcting this misconception that ANYTHING gets "CONVERTED". Nothing does.

[rgfox 10]

Thanks folks. Very informative.