Is IR1 or K3 faster

[aniane 0]

Hi, I just mailed out my I-130 for my hubby to immigrate to the US from France. When I receive notification of receipt, would it be faster to apply for the IR1 or the K3? Also, is the IR1 automatic or do I need to file more forms indicating that we want the IR-1? I've been working on this all week, and am beginning to go a bit crazy with all the options.We live in France, but my hubby wants to move to the US this summer, as in 3 months away. I'm not sure that's a good idea until he has his visa. Could we potentially move to the US, with him on a tourist visa, but he leave before 3 months to wait out his paperwork in France and return to join us?

I appreciate your advice.

[cluelessinny 2]

thanks, I had no idea. this is a frustrating process.

it gets worst to have file a i 129f, i was very happy to find out i did not have to. it would have been a longer wait to have more documents mailed to me in america and then they throw them away because the i-130 would get approved first. plus the k3 has an extra 1000 dollar charge

[KevinF 3]

As the Paris embassy has to approve his visa, he would have to return in France to finish out his wait. Just to be safe, he should carry proof that he will return to France when it is necessary. Return ticket, proof of ownership of property or something that says he will return to France and not stay illegally.

Sounds like a good plan to me.

Bonne chance mon ami.

[grrrrreat 109]

Hi, I just mailed out my I-130 for my hubby to immigrate to the US from France. When I receive notification of receipt, would it be faster to apply for the IR1 or the K3? Also, is the IR1 automatic or do I need to file more forms indicating that we want the IR-1? I've been working on this all week, and am beginning to go a bit crazy with all the options.We live in France, but my hubby wants to move to the US this summer, as in 3 months away. I'm not sure that's a good idea until he has his visa. Could we potentially move to the US, with him on a tourist visa, but he leave before 3 months to wait out his paperwork in France and return to join us?

I appreciate your advice.

This question is a little complicated. First, you should read the CR-1/IR-1 guides on this site to get a sense of the process. You won't be able to apply for the IR-1 visa until the I-130 petition is approved, not after you get a notification of receipt. Generally, after you file the I-130 and it is approved, your case will be sent to the National Visa Center. You'll file the application for the visa and more documentation with the NVC, and when your case is complete, it will be sent to the Embassy in Paris for an interview and the issuance of the IR-1 visa. Although they sometimes process I-130s faster for US citizens who are filing from abroad, the entire process is likely to take more than three months. The K-3 takes the same amount of time, costs more and requires more paperwork, so I agree that it is generally obsolete.

Now, about moving to the US while the I-130 is pending. One requirement for entering the US on a tourist visa (or under the visa waiver program), is that you cannot have an intent to immigrate to the U.S. If you do have an intent to stay, you don't qualify. What this means practically is that sometimes aliens who have I-130 petitions pending are denied entry, because the immigration officer believes that the alien will probably stay and not return home. This is especially true of alien spouses who have U.S. citizen spouses living in the U.S. So, if he does want to come visit, he'll need to bring persuasive proof that he intends to go home at the end of the visit. This could be things like a job he has to get back to, a house or apartment under lease or that he owns, or similar things. The way you're describing it--"Could we potentially move to the US"--makes entering under the VWP problematic for him. Also remember that if someone asks him about where he is living or what he intends to do in the U.S., he can't lie. Misrepresentation can earn him a lifetime bar from the U.S.

The other thing to remember is that although you can estimate the time it takes to get an IR-1/CR-1 visa, it can sometimes take much longer than you expect because of circumstances beyond your control. If it takes much longer than three months, and he has trouble visiting the U.S., you may be living apart from him for awhile.

Generally, people plan their move around the visa process, and not the other way around, but only you can decide whether you should move back to the U.S. before he has his visa in hand. You should be aware of the risks involved in this and do not presume that he will necessarily be able to stay in the U.S. while the application is pending. And remember, he will not be able to work in the U.S. until he has the visa.

Edited April 12, 2012 by grrrrreat

[aniane 0]

Thank you very much for your long and thorough reply to my question. As far as entering the US with a I-130 petition in process, I think my hubby would be okay because we own a house in France, and we'll just make sure he has a return ticket.

I just sent an email off to the Paris embassy asking if we could please qualify for DCP since I am a long-term legal resident of France and also have French dual nationality and we have been married 8 years. I didn't mention to them that I already sent out the I-130 this Tuesday to the Chicago lockbox. I doubt they will let us do DCP anyway, because there is no info about DCP on their website, and it seems that they discourage it.

After working on these forms for a week, I just found out about the CR-1 visa and DCP yesterday. This is an unbelievably confusing process.

Do you know about the I-864 form? Since I don't currently have a high enough income, I asked my father to sponsor my husband and he is willing and able. But now I'm not sure we need to, since we own an expensive house in France. Would it make my petition better if my father sponsored? Also, we are planning on living with my parents in the US until we are settled.

I'm really confused between the I-864 and the I-864a. Would my father and I both fill out the I-864 or does one of us fill out the I-864? I've looked at the instructions to these forms, and have not been able to figure this out!

I almost feel like I'm in a Kafka story, bewildered by all this red-tape!

Thanks again for your help.

This question is a little complicated. First, you should read the CR-1/IR-1 guides on this site to get a sense of the process. You won't be able to apply for the IR-1 visa until the I-130 petition is approved, not after you get a notification of receipt. Generally, after you file the I-130 and it is approved, your case will be sent to the National Visa Center. You'll file the application for the visa and more documentation with the NVC, and when your case is complete, it will be sent to the Embassy in Paris for an interview and the issuance of the IR-1 visa. Although they sometimes process I-130s faster for US citizens who are filing from abroad, the entire process is likely to take more than three months. The K-3 takes the same amount of time, costs more and requires more paperwork, so I agree that it is generally obsolete.

Now, about moving to the US while the I-130 is pending. One requirement for entering the US on a tourist visa (or under the visa waiver program), is that you cannot have an intent to immigrate to the U.S. If you do have an intent to stay, you don't qualify. What this means practically is that sometimes aliens who have I-130 petitions pending are denied entry, because the immigration officer believes that the alien will probably stay and not return home. This is especially true of alien spouses who have U.S. citizen spouses living in the U.S. So, if he does want to come visit, he'll need to bring persuasive proof that he intends to go home at the end of the visit. This could be things like a job he has to get back to, a house or apartment under lease or that he owns, or similar things. The way you're describing it--"Could we potentially move to the US"--makes entering under the VWP problematic for him. Also remember that if someone asks him about where he is living or what he intends to do in the U.S., he can't lie. Misrepresentation can earn him a lifetime bar from the U.S.

The other thing to remember is that although you can estimate the time it takes to get an IR-1/CR-1 visa, it can sometimes take much longer than you expect because of circumstances beyond your control. If it takes much longer than three months, and he has trouble visiting the U.S., you may be living apart from him for awhile.

Generally, people plan their move around the visa process, and not the other way around, but only you can decide whether you should move back to the U.S. before he has his visa in hand. You should be aware of the risks involved in this and do not presume that he will necessarily be able to stay in the U.S. while the application is pending. And remember, he will not be able to work in the U.S. until he has the visa.

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thanks

quote name=cluelessinny' timestamp='1334241754' post='5293799]

it gets worst to have file a i 129f, i was very happy to find out i did not have to. it would have been a longer wait to have more documents mailed to me in america and then they throw them away because the i-130 would get approved first. plus the k3 has an extra 1000 dollar charge

[Ryan H 3,812]

I just sent an email off to the Paris embassy asking if we could please qualify for DCP since I am a long-term legal resident of France and also have French dual nationality and we have been married 8 years. I didn't mention to them that I already sent out the I-130 this Tuesday to the Chicago lockbox. I doubt they will let us do DCP anyway, because there is no info about DCP on their website, and it seems that they discourage it.

After working on these forms for a week, I just found out about the CR-1 visa and DCP yesterday. This is an unbelievably confusing process.

If you meant DCF (Direct Consular Filing) of the I-130, it's unavailable in France because there is no USCIS field office there. I don't know what DCP is.

I'm really confused between the I-864 and the I-864a. Would my father and I both fill out the I-864 or does one of us fill out the I-864? I've looked at the instructions to these forms, and have not been able to figure this out!

You would both fill out the I-864.

[aniane 0]

Thanks for responding.

Paris just replied to my email saying they won't do DCF with no explanation.

Thanks for your info on the I-864 as well. Who is supposed to file the I-864a?

If you meant DCF (Direct Consular Filing) of the I-130, it's unavailable in France because there is no USCIS field office there. I don't know what DCP is.

You would both fill out the I-864.

[grrrrreat 109]

Thanks for responding.

Paris just replied to my email saying they won't do DCF with no explanation.

Thanks for your info on the I-864 as well. Who is supposed to file the I-864a?

Read the guides on here, they are very helpful. You need to file I-130 now--don't worry about the visa forms or I-864 now until the I-130 is approved by USCIS. USCIS here in the U.S. may still process your petition faster since you are filing from abroad. There's a thread on "auto-expediting" somewhere around here that you might want to read. You'll get an I-797C Notice of Action form soon, which will say that the petition was received. (Called "NOA1" around here.) You're looking for a SECOND I-797C, which says that the petition was APPROVED. (Called "NOA2" here.) At that point, you want to look at the guides on here about contacting the National Visa Center to pay the fees and submit the application for a visa. There are a lot of short-cuts on this site that can make that process go much faster.

The petitioner always has to file I-864, even if there is a co-sponsor. The co-sponsor also files I-864.

I-864A is for members of a household of the sponsor. So, for instance, if a sponsor is married, and wants to include his spouse's income in the income he's using to qualify for sponsorship, the spouse can fill out I-864A. But they don't need to if the sponsor can qualify based on his own income.

You can use assets to qualify instead of income, but you need more assets (several times as much depending on the sponsor's relationship to the immigrant). You also have to convince the consular official that the assets can be readily converted into cash, which may or may not be possible with a house, so using income generally is much easier. Good luck!

Edited April 13, 2012 by grrrrreat