K3 vs CR-1/IR-1

[Ariel & Claus 0]

I've tried to find the best answer to this on the forums but either the threads are old or people's priorities are different than ours. Therefore I will ask it myself:

The main priority is speed. We want the time from we file the I-130 petition till I (the non US-citizen) can enter the US legally the shortest possible. The speed at which I will obtain a permission to work is secondary and the cost of the application process is irrelevant.

So with these priorities: K3 or CR-1? (the marriage is younger than two years)

Another way to ask: With the priorities above (speed!), should we (a) just file the I-130 and let that play out or should we file the I-129F when we get the I-130 NOA1?

Thank you!

[kpatel 3]

I've tried to find the best answer to this on the forums but either the threads are old or people's priorities are different than ours. Therefore I will ask it myself:

The main priority is speed. We want the time from we file the I-130 petition till I (the non US-citizen) can enter the US legally the shortest possible. The speed at which I will obtain a permission to work is secondary and the cost of the application process is irrelevant.

So with these priorities: K3 or CR-1? (the marriage is younger than two years)

Another way to ask: With the priorities above (speed!), should we (a) just file the I-130 and let that play out or should we file the I-129F when we get the I-130 NOA1?

Thank you!

I-130 will take around 9-12 months. I applied on 18th Jan and expecting to be finished by end of November 2012.

[Andrea&Henry 311]

K3 doesnt exist anymore. In your case you need to apply for cr1 cause your marriage is under the 2 years. That would take between 8 to 13 month but the beneficiary will get everything. Althought, k1 (I 129) is the quickest one (in my case took me 6 month) is only for people who is NOT marry. That's why is a FIANCE VISA. If a US citizen has a foreign fiance, that's the kind of visa you use. Then after marriage, the beneficiary adjust the status to get the green card. You cannot use this one at all. I read cases of people who are already marry and submitted the k1 thinking that nobody will found out and they got caught. They had to appeal and refill the i 130 but they obviously had to wait much longer. So my adviced would be, apply the I130 as soon as possible and good luck

[Andrea&Henry 311]

Sadly, the words "speed", "quick" "fast" are not very common for the USCIS people. Takes time and a lot of patient. The only way I know to appeal that, is only if the petitionary is a soldier, marine, navy etc. USCIS have an very very VERY well deserve special treatment for them and their cases usually takes less than 2 month. Maybe if you talk to a lawyer you will find other legals way, but if you decide to take this road, be prepare to wait! Cheer up

[Ariel & Claus 0]

K3 doesnt exist anymore.

If the K3 doesn't exist anymore I don't understand why I can find up-to-date timelines on it, guides to applying for them, etc here on visajourney? uscis.gov still has a page for it here and so does travel.state.gov here.

On travel.state.gov there is this notice:

"Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition."

The way I understand this, the end of the K3 is only when I-130 is approved before or the same time as I-129F. What about the cases where the I-129F is approved before the I-130?

Can someone please confirm whether the K3 still excists or not and maybe link to some official statement about this?

[Andrea&Henry 311]

If you checked the website the famous k3 was basically submitt the i 130 and the 129 together but your spouse qasnt aloud to work until AOS but used to help US citizen to bring their spouse in a shorter time. Since feb 1, 2010 USCIS decided that k3 was no longer avaiable. And determinated that: CR1 visa is ONLY for marriages under 2 years, IR1 visa ONLY for marriages above that time and K1 visa (i129) ONLY for foreing fiance's of a US citizen. The wrong use or application of any of this visas grant you a denial. If you check the USCIS website you will find this information.

[Andrea&Henry 311]

Unfortunely, some people don't use the profile tools in the right way so they confused other users. You are not the first one. Or is people that their cases are from 2010 or older. I dont have the link when I read when I was searching my options when My husband proposed me. I was planning a wedding in my home town but then we decide to marry here cause the cr1 was a long period of time. I read a lot of cases like yours, that's why im sure. But maybe I could be wrong. Try to find recents topics of k3 and ask to somebody who's is dealing with it right now

[Andrea&Henry 311]

http://www.visajourney.com/forums/topic/354256-k3-non-immigrant-visa-overall-processing-time/ i found this topic about several people who used the k3 recently. I found it very very helpful

[Ariel & Claus 0]

Thanks Andrea and Henry, I think this other topic is answering our questions: http://www.visajourney.com/forums/topic/369751-k3-visa/

To quote a user on this topic:

"I'm sorry but this is very misleading.

The K-3 exists only on paper. Not in reality. It was made for a time when the CR-1 process took years to complete. Recent processing times for CR-1 visas have made the K-3 worthless as the I-129f and I-130 are processed at roughly the same time.

OP: If you applied for a K-3, there would also be an I-130 in your petition package. What will happen is that the I-130 petition (CR-1) and I-129f (K-3) are approved at the same time. Since CR-1 is a superior visa to the K-3, the K-3 will be administratively closed by NVC, and your case will be handled as CR-1. You won't have to do anything but wait for both petitions to be approved at the same, and the K-3 automatically be administratively closed."

On another note, I don't know why they don't just throw the whole k3 out if it doesn't exist!

[Julie y Pat 67]

Lawyers will still recommend the K3 because in the rare case where one might get one, they will be able to charge another fee for AOS

[saiqa 0]

I want to tell you the same thing like Andrea&Henry. When you are a foreign spouse of USC, be mentally ready to go through a long, stressful, painful and frustrating visa journey whatever way you choose. And the reality is, there is no shortcut. If you are lucky enough your case can be approved by USCIS even in less than one month (I find some cases here). But that is rare. If you want a quick process, you will be frustrated quickly.

We all have to be patient to get the reward of our own family, our sweet home. Welcome to this rough way of journey which worth a lot at the end

[pushbrk 13,168]

If the K3 doesn't exist anymore I don't understand why I can find up-to-date timelines on it, guides to applying for them, etc here on visajourney? uscis.gov still has a page for it here and so does travel.state.gov here.

On travel.state.gov there is this notice:

"Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition."

The way I understand this, the end of the K3 is only when I-130 is approved before or the same time as I-129F. What about the cases where the I-129F is approved before the I-130?

Can someone please confirm whether the K3 still excists or not and maybe link to some official statement about this?

Only when... is correct. What is not clear from what you are reading is that only is actually always. The two petitions have been being processed and approved together since late 2006. K3 is dead except in the extremely rare case of the I-130 getting held up.

[Ryan H 3,834]

Since feb 1, 2010 USCIS decided that k3 was no longer avaiable.

Incorrect agency, it was the NVC (a State Department organization) that implemented a procedure that made the K3 virtually unobtainable. USCIS has nothing to do with it.

Even though the K3 is nonexistent in practice, it will remain on the books and it will remain visible on the USCIS website until Congress repeals the provision in the LIFE Act that created it.

Edited September 14, 2012 by Ryan H

[Andrea&Henry 311]

Thank you are right, is the NVC!

[Andrea&Henry 311]

Basically, the k3 used to exist cause a few years ago, trying to get a cr1 could take years. Now that the process is way shorter I think is not necessary anymore