Why is the CR-1/IR-1 considered "superior" to K3?

[Beeeebs 19]

They both get converted to a green card, eventually.. but why are people on VJ saying that the CR-1/IR-1 is "superior" to the K3?

[florida4life 29]

K3 is almost like a K1 visa but you are married and a cr1 visa is where the spouse waits in home country until visa is issued.K3 is almost obsolete. A K-3 Visa allows a Non-US Citizen (spouse) married to a US Citizen to legally enter the US and adjust status to become a Legal Permanent Resident. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred).

The process of obtaining a K-3 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed to petition for an IR1 / CR1 Visa (see next section). What makes the K-3 Visa special is that instead of waiting for the I-130 to be approved, the US Citizen may, upon receipt of the I-130 being accepted by the USCIS, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less. The USCIS is responsible for processing the I-129F and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Spouse.

[lost_at_sea 995]

Two reasons I can think of:

1. K3s are rarely granted. Or, rather, it involves having two petitions (I-130 and I-129f) and the I-129f is rarely approved ahead of the I-130, and some folks on here believe having both petitions going complicates matters with USCIS (I have no opinion on this, personally).

2. It costs more if the K3 is granted. If you arrived on a K3, you then must do the AoS process which costs just over $1k, before the beneficiary gets their GC (whereas a CR-1/IR-1 entrant gets their GC straight away).

There may be more reasons. The K3 was just supposed to be a faster way to get a waiting spouse to the USA, but since no one manages to get one anymore by the looks of things...

[Darnell 8,478]

1. K-3 not eligible for SSN. CR-1 is.

2. CR-1 can work as soon as have SSN in hand. K-3 must pay 1170 and wait upwards of 11 months to get a green card, after arriving in USA

3. No SSN? Cannot fully participate in USA Society.

4. K-3 is not converted to a green card. Must send in a new pile of documents. No conversion, is new application, to get a green card.

[Beeeebs 19]

If I file a K3, will my I-130 be touched sooner? Not necessarily approved sooner but will it at least be touched sooner?

[Darnell 8,478]

it depends.

It really, really depends.

On what, you ask?

1. where the I-130 lands after the lockbox and

2. what happens to the I-130 after the I-129F is submitted .

There's been flux on this, these last 4 quarters, so if'n you pay attention, maybe the flux will be to your advantage.

[TBoneTX 45,291]

*** Thread moved from K-3 Process forum to the "What Visa Do I Need" forum. ***

[Harpa Timsah 13,258]

If I file a K3, will my I-130 be touched sooner? Not necessarily approved sooner but will it at least be touched sooner?

Why would you care about a touch? A touch is a meaningless thing, usually the file getting moved somewhere. it doesn't meant they start adjudicating it.