Delay CR-1 for K3? - Are AOS and IV fees forfeited if we proceed with both?

[Michael and Milahjean 0]

I'm hoping members of this forum can assist with a decision I may be faced with shortly.

Check with our timeline in my signature below.

Our I-129F submittal was delayed about 3 weeks while I waited for signed G325a from my spouse to arrive.

Our I-130 was approved in early Sept and we are now well on the way to having the AOS fee bill sent to me, with the IV bill to follow after the choice of agent email is accepted by NVC.

If I proceed with payment of the AOS and IV fees, and we move forward with this, when the I-129F is approved I'm wondering if the I-129F may catch up or pass the I-130. I'm thinking that our I-129F approval is imminent, possibly later this month.

If NVC forwards the I-129F to Manila and my spouse proceeds with submitting the K visa application and fee and she is then scheduled for an interview, if we have also proceeded with the I-130 processing at NVC, is it possible that the I-130 will override the I-129F? If she had been scheduled for the K3 interview already, will it be canceled and then rescheduled for the CR-1 interview, possibly a later date? Could it maybe be the same date???

Then, if we choose to proceed with the K3 visa, what happens to the funds paid for the AOS and IV bill? We can't hold the CR-1 processing since we've paid the fees, right?

Here's my quandry. She will graduate from college late March 2007. It is important to me to attend this major event. There is a slim chance that the CR-1 visa may be issued about that time, if there are no delays, and this is most certainly the best route to take. But, if the K3 process begins within the next 30 days or so and she is scheduled for the K3 interview within another 90-120 days, I'm sure that will happen in plenty of time for me to attend the graduation and also bring her back to the US then.

If we proceed with the CR-1 visa, we risk the K3 being overridden, right? And if we pay the fees for the AOS and IV bill, then we've committed to that route? Will that be forfeited if we use the K3 process? If by chance we can do the K3 and make it work, then we need to begin the adjustment after she arrives and pay more fees for that. The money is not an issue, but I'm just curious. I'm just not sure whether the CR-1 timing is going to fit the plan. I'm assuming that we need to choose which route to take before I submit the AOS fee and the IV fee for the CR-1.

My gut is telling me to follow the CR-1 using what shortcuts I can due to it's automatic green card and forget the K3, even if it means that I'll be unable to attend her graduation. That's going to hurt though. I don't have the vacation time and funds to do graduation and come back again a short time later to escort her here.

Any thoughts or advice? Thanks for everyone for being so unbelievably helpful here. God Bless.

[riblet 0]

Okay - lots of questions... the first thing I can think to say simply is that if the K3 and the I-130 arrive at the consulate at the same time, the consulate will pursue the I-130 and not the K3.

Second, if you choose to pursue the K3 you do not necessarily forfeit any fees. Your spouse could get the K3, come to the U.S. and then return to the Phillipines for her I-130 interview.

Or you could drop the I-130 and just pursue the K3, and then adjust status when she arrives in the U.S.

I hope this answers your questions, your post had a lot of info it.

I'm hoping members of this forum can assist with a decision I may be faced with shortly.

Check with our timeline in my signature below.

Our I-129F submittal was delayed about 3 weeks while I waited for signed G325a from my spouse to arrive.

Our I-130 was approved in early Sept and we are now well on the way to having the AOS fee bill sent to me, with the IV bill to follow after the choice of agent email is accepted by NVC.

If I proceed with payment of the AOS and IV fees, and we move forward with this, when the I-129F is approved I'm wondering if the I-129F may catch up or pass the I-130. I'm thinking that our I-129F approval is imminent, possibly later this month.

If NVC forwards the I-129F to Manila and my spouse proceeds with submitting the K visa application and fee and she is then scheduled for an interview, if we have also proceeded with the I-130 processing at NVC, is it possible that the I-130 will override the I-129F? If she had been scheduled for the K3 interview already, will it be canceled and then rescheduled for the CR-1 interview, possibly a later date? Could it maybe be the same date???

Then, if we choose to proceed with the K3 visa, what happens to the funds paid for the AOS and IV bill? We can't hold the CR-1 processing since we've paid the fees, right?

Here's my quandry. She will graduate from college late March 2007. It is important to me to attend this major event. There is a slim chance that the CR-1 visa may be issued about that time, if there are no delays, and this is most certainly the best route to take. But, if the K3 process begins within the next 30 days or so and she is scheduled for the K3 interview within another 90-120 days, I'm sure that will happen in plenty of time for me to attend the graduation and also bring her back to the US then.

If we proceed with the CR-1 visa, we risk the K3 being overridden, right? And if we pay the fees for the AOS and IV bill, then we've committed to that route? Will that be forfeited if we use the K3 process? If by chance we can do the K3 and make it work, then we need to begin the adjustment after she arrives and pay more fees for that. The money is not an issue, but I'm just curious. I'm just not sure whether the CR-1 timing is going to fit the plan. I'm assuming that we need to choose which route to take before I submit the AOS fee and the IV fee for the CR-1.

My gut is telling me to follow the CR-1 using what shortcuts I can due to it's automatic green card and forget the K3, even if it means that I'll be unable to attend her graduation. That's going to hurt though. I don't have the vacation time and funds to do graduation and come back again a short time later to escort her here.

Any thoughts or advice? Thanks for everyone for being so unbelievably helpful here. God Bless.

[domini loka 0]

Here it goes....there is no garantee your k3 will be approved soon......Now I suggest you continue your CR1 if they both arrive into the embassy they will take CR1 which will give her the GC right away if you've been married more than 2 yrs it will expire in 10 yrs if less than 2years then you have to adjust status in 2 yrs.......

I would continue the CR1 you are not sure how long in will take fot the k3

good luck