Left the Country while Advance Parole and AOS were still pending

[hmh33 117]

If the attorney suggested a K-3 that's a very big clue that you should see a different attorney.

I would suggest looking up J Craig Fong.

[raven52 233]

I hope I am wrong, but your guys are in "big trouble".,., I have read so many stories of people taking chances like this, for reasons, that are very near, and dear to the, BUT to USCIS.,.,., YOU will suffer the actions!

The VJ ""golden rule"" never buy at ticket to anything, nor plan anything significant, until """""YOU"""" have the necessary paper work ""IN HAND"".,.,., i.e..,.visa, AP, etc!

I hope I am wrong, and I wish you good luck, but I think you are going to be a very long time until you are together, for good!

[christeen 966]

I second the poster who suggested asking another attorney (hey 2 opinions are better than 1) but k3 visas are rarely issued these days (a few randome ones sneaking by the system in the past few weeks) ... But at least you are preparing for if she has to go back... The. You will file the 130 for the CR1, after which you could also add the k3 application afterward at no cost... But she will wait over in Germany and interview over there. Process for cr1 has been in the 12-16 month range currently.... Sorry ur going through this, but a big lesson for,others .... Wishing you good luck and please keep us updated so we can advise better any others who end up in this situation... Again, hope you had an amazing experience to cherish out of the whole think... Looked pretty neat..

[badlo 1]

The K-3 is obsolete; you would be filing for a CR-1 immigrant visa.

We've already filed an I-130, and based on this information the attorney suggested the I-129F. would the CR-1 still be the better option in this situation? i think i understand the differences K3 - non permanent vs CR-1 permanent (w/ green card)

is this correct?

[Hypnos 6,576]

Someone did the maths and you have around a 0.3% chance of actually receiving a K-3. It's an inferior visa, since you have to pay more to adjust status and cannot work immediately upon entry, unlike a CR-1.

It's much, much more likely that you will receive a CR-1 instead of a K-3; once the NVC receives an I-130 and I-129F for the same beneficiary then the K-3 will be administratively closed and you would proceed solely along the CR-1 path.

Edited February 16, 2014 by Hypnos

[badlo 1]

I second the poster who suggested asking another attorney (hey 2 opinions are better than 1) but k3 visas are rarely issued these days (a few randome ones sneaking by the system in the past few weeks) ... But at least you are preparing for if she has to go back... The. You will file the 130 for the CR1, after which you could also add the k3 application afterward at no cost... But she will wait over in Germany and interview over there. Process for cr1 has been in the 12-16 month range currently.... Sorry ur going through this, but a big lesson for,others .... Wishing you good luck and please keep us updated so we can advise better any others who end up in this situation... Again, hope you had an amazing experience to cherish out of the whole think... Looked pretty neat..

12-16 months...geez my night keeps getting better and better...where are you getting these times from? we have already filed the i-130 and the attorney said that we can file to have a change of venue for the i-130 to the US consulate in Germany. which is why i think she suggested the K3 visa. is the CR-1 that much different from the K3 that it would behoove us to start all over with a CR-1?

Someone did the maths and you have around a 0.3% chance of actually receiving a K-3. It's an inferior visa, since you have to pay more to adjust status and cannot work immediately upon entry, unlike a CR-1.

It's much, much more likely that you will receive a CR-1 instead of a K-3; once the NVC receives an I-130 and I-129F for the same beneficiary then the K-3 will be administratively closed and you would proceed solely along the CR-1 path.

Thank you for clarification =D and quick too

[Hypnos 6,576]

Brainfarted.

Since an I-130 has already been filed then that will continue, even if the I-485 is denied. I was thinking the adjustment was from a K-1, which usually doesn't need an I-130.

Edited February 16, 2014 by Hypnos

[badlo 1]

When did you file the I-130?

We filed on 12/23/13.

Brainfarted.

Since an I-130 has already been filed then that will continue, even if the I-485 is denied. I was thinking the adjustment was from a K-1, which usually doesn't need an I-130.

OK then we should file the i129f? Or the cr-1?

[Hypnos 6,576]

An I-130 gives a CR-1, it's just that you usually have to file an I-130 when filing an adjustment of status case too, which is what you did initially. As I said, even once the I-485 is denied (which at this point is a near certainty) the I-130 will live on.

You can file an I-129F on top of the I-130 seeking a K-3, but as I said above it's highly unlikely you'd receive it; it might be best to see what happens at the deferred inspection interview first.

Edited February 16, 2014 by Hypnos

[badlo 1]

An I-130 gives a CR-1, it's just that you usually have to file an I-130 when filing an adjustment of status case too, which is what you did initially. As I said, even once the I-485 is denied (which at this point is a near certainty) the I-130 will live on.

You can file an I-129F on top of the I-130 seeking a K-3, but as I said above it's highly unlikely you'd receive it; it might be best to see what happens at the deferred inspection interview first.

okay cool thanks again for being so quick tonight. everyone here has been really helpful and supportive. yeah i hope this can be a lesson to others in the future of what can happen if you don't listen and leave the country without AP.

ill keep updating on our status. thanks again

[Hypnos 6,576]

Please do post back after the deferred inspection interview, so that people in similar situations will be able to see what happens.

Good luck.

[canadian_wife 1,822]

Keep us posted

I know you attended a wedding, but why did you leave? Is there anything you can show to indicate the necessity of leaving?

good luck

[Ketsuban 1,034]

12-16 months...geez my night keeps getting better and better...where are you getting these times from?

We have a big community here of a lot of other people filing for the CR-1 (including me ). Last year, USCIS didn't work on ANY of the CR-1 I-130 petitions, because they were overloaded with DACA applications. They have been working through our backlog quite quickly the past couple of months, but there are still people caught at the back of the queue (namely at the Nebraska Service Center...).

[Boiler 45,532]

Cases like this is where Lawyers make their money.

[christeen 966]

With the I 130 still being processed, then it should cut some time off the CR1 wait times. A new CR1 application is processing 12-14 months start to finish.. You gained A few months since you are still in the queue doing he change of venue... You can go ahead and file for he K3, won't hurt anything and it is free when you have the I130 filed... Good luck, keep us posted...