Sydney K-1 Questions

[SnE 0]

Yes and no. I wouldn't waste my time with a K3. The Cr-1 is the superior visa to K3 and both mean waiting again. Also, though you have filed an i-129F you would still have to file ANOTHER I-129F for the K3 because when you sent the I-129F for the K1 you weren't married (obviously) which would be a requirement for the I-129F for the K3 possible.

What I WOULD do in your position is still have the June "celebration" (seeing it's already planned) and then still continue the K1 route and get married when you get the visa in a court house or something. The only problem with this is the risk they don't permit you entry for the celebration, or the USCIS thinks your celebration was official and deny the K1 'cause they think you're already married.

The only reason I mentioned the K3 is because it lets me work and stay in the US while it is in process, from the small amount about it that I have read. Does the CR-1 allow the same? I'll have to look into it.

I think your second suggestion is a great idea and I think that is likely what we'll do. I'll have to look into visiting the US while the visa is still in process.

Thanks for the reply.

[VanessaTony 3,567]

The only reason I mentioned the K3 is because it lets me work and stay in the US while it is in process, from the small amount about it that I have read. Does the CR-1 allow the same? I'll have to look into it.

I think your second suggestion is a great idea and I think that is likely what we'll do. I'll have to look into visiting the US while the visa is still in process.

Thanks for the reply.

Oh no... the K3 doesn't allow that... The K3 needs to be approved before you can move to the US. The difference between it and the CR-1 is the K3 requires you to file for AOS... that's about it. The K3 lets you leave and re-enter multiple times but you don't actually get a greencard until you file AOS. The CR-1 will get you a GC stamp on entry, and about a month later it will arrive in the mail. No AOS. Totally the better option over K3.

Here is the K3 flowchart (so you know what to expect with that visa): http://www.visajourney.com/content/k3flow

Here is the CR-1 flowchart: http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

Unless you want to refile everything again (and if you're unwilling to move the date a bit) then you'll have to consider the option of going through with the celebration making sure it is NOT legal.

[SnE 0]

Oh no... the K3 doesn't allow that... The K3 needs to be approved before you can move to the US. The difference between it and the CR-1 is the K3 requires you to file for AOS... that's about it. The K3 lets you leave and re-enter multiple times but you don't actually get a greencard until you file AOS. The CR-1 will get you a GC stamp on entry, and about a month later it will arrive in the mail. No AOS. Totally the better option over K3.

Ok I think I understand. I had read Travel.State.Gov which says:

This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.

I guess I'm just not too hot at deciphering these government sites. Thank god I found this site.

[VanessaTony 3,567]

Ok I think I understand. I had read Travel.State.Gov which says:

I guess I'm just not too hot at deciphering these government sites. Thank god I found this site.

No you're right that's confusing. K1's like K3's are non-immigrant visas. So basically you enter and then because you're not an immigrant you need to then file the "immigrant" paperwork. The wording "immigrant visa petition" is confusing because you don't apply for a "visa petition" you apply for Adjustment of Status based on the approved K3. Weird.

It used to be that CR-1's took a LOT longer than K1's or K3's so people thought (rightly so) that the K's were more beneficial because at least you could be together while you wait for the next part of the process (AOS to get the GC). Now that the CR-1 is basically the same amount of processing time the K3 is just useless because who would pay more money, and want to file more paperwork, when the waiting time is basically the same?

[KLS2010 30]

Vanessa is right (she usually is!! Pay attention to what she says and you can't go too far wrong with this process!)

I don't understand why the 'official' line is still that K3s reduce the amount of time that couples are separated. This hasn't been true for a couple of years apparently from what I have read here on VJ. There is a very knowledgable member here called pushbrk - I read a few posts of his not too long ago where he was explaining the history of the K3 visa - basically it was introduced as a way of re-uniting couples sooner as at the time it was taking a couple of years to have a CR1/IR1 visa approved.

In the last couple of years, the processing times for CR1/IR1 have improved drastically (although it doesn't feel like it when you wait 9mths like I did (and I know of others for whom it has taken over a year), but I would still much prefer that then the 2yrs or more it used to take). Now, K3 and CR1/IR1 are approved in much the same amount of time. And in reality, a K3 will probably never be issued anyway as apparently the NVC effectively 'kills' the K3 and processes the CR1/IR1. That's not necessarily a bad thing - as Vanessa mentioned - the CR1/IR1 is easily the superior (read: 'cheaper and less paperwork') visa anyway.

Best of luck!