K-3 Vs. CR-1 Visa HELP!

[Darcy Grey 1]

Righto guys,

I'm in need of some help! So as per the title I am torn between two visa categories to apply for.

My wife (The USC) has filed form I-13 (on the 14th of Jan) we have received the I-797 form as of today.

Of course the next stage is (as was planned) to apply for the K3 visa by filing form I-129F however upon looking at this website it seems allot of you are advising against it? Mainly due to the overall cost being allot cheaper than the K3 route.

Could someone that has some genuine experience with this process help in regards to how long the processing time for the CR-1 could be in comparison with the K-3 (5months)

Final question is relating to the K-3 form - My wife and I married in the UK, does that mean that I have to file the form here with the USA embassy in London as it's where the marriage took place?

Thanks in advance!

Darcy

[Darcy Grey 1]

I also just read the following:

" Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed. "

Does this mean I can't travel to the USA to visit my wife whilst my CR-1 Visa is being processed? Because with the K-3 you are indeed allowed to.

Thanks!

[apple21 953]

K3 is obsolete. You're fine with the i130 alone. You can immigrate to the US once you have the CR1 visa.

Edited January 21, 2014 by apple21

[Hypnos 6,576]

You won't receive a K-3 visa. Due to the faster processing times of CR-1 / IR-1 immigrant visas there is no longer much of a need for them. If the NVC receives an I-129F and an I-130 for the same married beneficiary then they will administratively close the I-129F and you will proceed solely on the CR-1.

You can apply for the K-3, and there is no fee to do so, but you've got more chance of winning the lottery twice in a row than receiving it.

[Ontarkie 14,221]

~~Duplicate thread removed, please do not post multiple threads for the same or similar question(s)~~

[Darcy Grey 1]

K3 is obsolete. You're fine with the i130 alone. You can immigrate to the US once you have the CR1 visa.

So once the I-130 petition is approved they then arrange an interview where you CR1 visa will be issued?

Can I still travel to the USA whilst the I-130 is being processed?

Thanks for you reply!

[Darcy Grey 1]

You won't receive a K-3 visa. Due to the faster processing times of CR-1 / IR-1 immigrant visas there is no longer much of a need for them. If the NVC receives an I-129F and an I-130 for the same married beneficiary then they will administratively close the I-129F and you will proceed solely on the CR-1.

You can apply for the K-3, and there is no fee to do so, but you've got more chance of winning the lottery twice in a row than receiving it.

Thanks for your reply!

So, like the K-3 there is a the I-129f form to apply, is there a similar form I need to apply for the CR-1 visa? As I couldn't find it online. Or am I to assume that continueing on alone with the I-130 will turn into the CR-1 aka - Permanent residency?

And finally do you know if I can travel to the USA whilst the I-130 /CR-1 is being processed?

Thanks again

[Hypnos 6,576]

The I-130 you already filed is a petition for an immigrant visa (in this case, CR-1).

You can travel to the US whilst the application is pending, just make sure you're honest with CBP when you attempt to enter. You may also want to bring along a copy of the I-130 receipt, so you can show them you are doing things the right way already. From the UK you will probably just be waved right through without issue.

Edited January 21, 2014 by Hypnos

[Darcy Grey 1]

The I-130 you already filed is a petition for an immigrant visa (in this case, CR-1).

You can travel to the US whilst the application is pending, just make sure you're honest with CBP when you attempt to enter. You may also want to bring along a copy of the I-130 receipt, so you can show them you are doing things the right way already. From the UK you will probably just be waved right through without issue.

Cheers Hypnos, appreciate your help.

So, until the I-130 is approved (and they do not ask for further evidence) then I dont have to file anything else is that correct?

I presume you went though a similar process? If so what happens once the I-130 is approved? They send it to the NVC then....?

Edited January 21, 2014 by darcygrey

[Hypnos 6,576]

You don't need to do anything else right now. Unfortunately, you should expect to have to wait ~8 - 12 months for the I-130 to be approved, since there is currently a backlog of standalone I-130s. Once approved it will be sent to the NVC, where you will give them the documents they need to have, and finally will proceed to the embassy who will conduct the interview and make the decision on the visa itself.

I went through adjustment of status, so didn't file an I-130, so my process was similar but not the same.

[Darcy Grey 1]

You don't need to do anything else right now. Unfortunately, you should expect to have to wait ~8 - 12 months for the I-130 to be approved, since there is currently a backlog of standalone I-130s. Once approved it will be sent to the NVC, where you will give them the documents they need to have, and finally will proceed to the embassy who will conduct the interview and make the decision on the visa itself.

I went through adjustment of status, so didn't file an I-130, so my process was similar but not the same.

That's my predicament, the K-3 was designed to shorten the time spent apart between a married couple. The average (current, according to their site, is 5 months) which is significantly shorted than 8-12 months of course.

I'll assume they are still issuing K-3 visas otherwise they would be withdrawn??

[Darcy Grey 1]

Also is there any harm in even applying for the K-3 as there is no filing fee for Form I-129F? If they both get processed at the same time then the K-3 get's dropped and automatically turns into the CR-1 Visa.

Is it therefore not worth the chance in case the I-130 really does take a long time? (8+ months)

Thanks

Edited January 21, 2014 by darcygrey

[bdrew612 1,071]

I've talked with my Congressman, Senator and an attorney and everyone is echoing the sentiment that is often posted here; the K-3 visa is obsolete. Apparently, once upon a time I-130s were taking years to approve, so the K-3 was designed so familes could be reunited while the I-130 was being processed (if ONLY that was USCIS' goal now). Fast forward to present day, the K-3 and I-130 have about the same processing time, so it won't get you in the US any quicker. But, if you enjoy filling out paperwork, then go for it

In the meantime, there's a great community of people here anxiously waiting for our spouses to come home

[Darcy Grey 1]

I've talked with my Congressman, Senator and an attorney and everyone is echoing the sentiment that is often posted here; the K-3 visa is obsolete. Apparently, once upon a time I-130s were taking years to approve, so the K-3 was designed so familes could be reunited while the I-130 was being processed (if ONLY that was USCIS' goal now). Fast forward to present day, the K-3 and I-130 have about the same processing time, so it won't get you in the US any quicker. But, if you enjoy filling out paperwork, then go for it

In the meantime, there's a great community of people here anxiously waiting for our spouses to come home

Hi mate thanks for your response!

In regards to the K-3 visa are they not being issued anymore because the I-130 gets processed at the same time or before the K-3? If so by the looks of things the I-130 has a bit of a back log and therefore does that not therefore tilt the favor back to the K-3 visa which has a shorter processing time? (5 months according to the USCIS)

Thanks in advance

[christeen 966]

You are certainly free to file for the k3, however it will most probably be for naught. A ballpark is about a year and the stats they put on the govt websites are all bunk as they manipulate the stats... And lawyers who say they will mak eit shorter are liars....