K3 or CR1???

[Kelvin Ly 0]

Hi all

I just file I-130 on Jan 06, 2007 to VSC, and plan to pursue I-129F for K3 visa. I have a few questions, please help me out.

1. If I go for K3, how much time do I save (unite with my wife and baby girl) compare to CR1? Assume that my application is sufficient.

I look at the Processing Dates for Applications and Petitions at VSC. It says Mar 12, 2006 for I-130, which is 10 months ago. To add the time case get to NVS, case get to consulate, visa interview; it's like 16 months. And I don't think it's that long. So info from Processing Dates is accurate? I also read a few threads and realize that most people get approved after 3 months (on average). So how much time would be a good estimation?

On the US Consulate in Ho Chi Minh City, Vietnam, it says the process for I-129F usually takes 9-12 months and I-130 is 3 months longer. If I go for K3, how long it takes? And how long for CR1?

2. K3 is generally faster than CR1. But at which point(s) in the process, K3 is faster?

I see that the time to get approved on I-130 and I129F are pretty much the same. The time from NOA2 (appoved) to the case reach the consulate are different for I-130 and I-129F? K3 has the same time fram with K1?

3. How long it usually takes from NOA2 (appoved) to the case reach the consulate?

4. How long it usually takes from Case reached consulate to interview?

On the US Consulate in Ho Chi Minh City, Vietnam, it says 2-4 months. Is it generally too much longer compare to other consulates? On the US Consulate in Ho Chi Minh City, Vietnam, it says the process for I-129F usually takes 9-12 months and I-130 is 3 months longer.

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I wish I could talk to some experienced people who already been thru. It's so stressful. If you could please email at LKNG2001@yahoo.com (Kelvin).

[Mike H. 0]

VSC has been quite fast with I130 and I129F these days. Please check below for my case. Of course, your mileage may vary.

Assuming your I130 and I129F are approved at the same time, the latter will be faster in the sense that there are less steps at the NVC before the case goes to your beneficiary's consulate. My wife already received notification from the consulate regarding I129F, but the I130 is still in limbo. However, we're thinking about abandoning the I129F to avoid the additional hassle involved in AOS.

Hope this helps, and good luck!

[~Jackie~ 30]

Some I130's get hung up for some reason. Our I130 took 17 months for approval and I know of a VJ member on month 13 for an I130 approval. Both of our husbands came on the K3.

Jackie

[sheraz 0]

Hi all

I just file I-130 on Jan 06, 2007 to VSC, and plan to pursue I-129F for K3 visa. I have a few questions, please help me out.

1. If I go for K3, how much time do I save (unite with my wife and baby girl) compare to CR1? Assume that my application is sufficient.

I look at the Processing Dates for Applications and Petitions at VSC. It says Mar 12, 2006 for I-130, which is 10 months ago. To add the time case get to NVS, case get to consulate, visa interview; it's like 16 months. And I don't think it's that long. So info from Processing Dates is accurate? I also read a few threads and realize that most people get approved after 3 months (on average). So how much time would be a good estimation?

On the US Consulate in Ho Chi Minh City, Vietnam, it says the process for I-129F usually takes 9-12 months and I-130 is 3 months longer. If I go for K3, how long it takes? And how long for CR1?

2. K3 is generally faster than CR1. But at which point(s) in the process, K3 is faster?

I see that the time to get approved on I-130 and I129F are pretty much the same. The time from NOA2 (appoved) to the case reach the consulate are different for I-130 and I-129F? K3 has the same time fram with K1?

3. How long it usually takes from NOA2 (appoved) to the case reach the consulate?

4. How long it usually takes from Case reached consulate to interview?

On the US Consulate in Ho Chi Minh City, Vietnam, it says 2-4 months. Is it generally too much longer compare to other consulates? On the US Consulate in Ho Chi Minh City, Vietnam, it says the process for I-129F usually takes 9-12 months and I-130 is 3 months longer.

==============

I wish I could talk to some experienced people who already been thru. It's so stressful. If you could please email at LKNG2001@yahoo.com (Kelvin).

K3 in my case was faster.

Application for I130 TSC 07/05 transfered to CSC

Application for K3 129 F to NBS 08/05 (I mth after filling I130)

129 F approved by late Oct 05.

NVC took 2 weeks.

2 weeks to Islamabad consulate and interview date given 12/05

Interview 02/06 and visa issued

I130 approval came 04/06

As you can see that K3 visa was faster. The question for any case is that which is approved faster. In my case it was k3 even though it was filed one mth later. K3 also has the advantage that their are less forms. Infact no forms to be sent to NVC and the consulate sends one interview date.

The hassle with K3 was the AOS step process. Figure in fees for AOS, EAD and the medical. It comes close to one thousand. In my case the ease of approval with K3 was worth the hassle for AOS.

With I130, the communications for addidavit of support, packet 3, 4 etc takes longer time. When your beneficiary is in US, AOS hassle is not that difficult.

[Kelvin Ly 0]

When wife comes to US on K3 visa, and I-130 gets appoved later (before the 2-year expiration):

1. She does not have to do the AOS anymore? Just apply for SSN and Work permit so she can work?

2. The I-129F by then will be automatically cancelled?

3. We then just pursue the CR-1 only?

4. She does not need to travel back to the abroad consulate to have the CR-1 visa interview?

If all answers to the above quesstions are YES, then I think K3 is worth it. It's just like CR-1, but your spouse can be with you earlier.

[lucyrich 20]

When wife comes to US on K3 visa, and I-130 gets appoved later (before the 2-year expiration):

1. She does not have to do the AOS anymore? Just apply for SSN and Work permit so she can work?

2. The I-129F by then will be automatically cancelled?

3. We then just pursue the CR-1 only?

4. She does not need to travel back to the abroad consulate to have the CR-1 visa interview?

If all answers to the above quesstions are YES, then I think K3 is worth it. It's just like CR-1, but your spouse can be with you earlier.

There are a few misunderstandings there. In fact, if forced into a yes/no answer to those four questions, I'd answer all four of those questions "NO".

If she comes in on a K-3, she only has temporary nonimmigrant status. She must eventually get a Green Card if she wants to stay in the US.

She can either get a Green card by staying in the US and doing adjustment of status, or she can get a Green Card by going abroad, getting a CR-1 (or IR-1) immigrant visa, and re-entering the US with that immigrant visa. Most K-3'ers adjust status, but going abroad for an immigrant visa is another option.

An approved I-130 doesn't give her any status or benefit by itself. It only gives her grounds to apply for a visa.

She can only get an immigrant visa by going abroad to a foreign consulate. They don't issue visas in the US.

If she comes in on an immigrant visa (either on her initial entry to the US, or after previously having entered on a K-3, doesn't matter), then she gets the Green Card automatically on entry, and is automatically authorized for work with no further paperwork.

[Kelvin Ly 0]

Thanks Rich

That is a BIG clarification for me. She has to do AOS anyway to get Green Card, or opt to go back to abroad consulate to get CR-1 visa, then Green Card.

I don't mind going thru AOS/EAD/SSN. But question is that how much time can I save by going thru K3? I understand that it can varies case by case for numerous reasons. But in general, at what point(s) in the processes of K3 and CR1, the time is shorter for K3?

1. K3 gets approved (NOA2) because it is sent to Chicago center? How long usually it takes to get approved? How much longer for Cr-1?

2. K3 is sent to NVC faster than CR-1? How long and how much longer for CR-1?

3. K3 is sent to abroad consulate faster than CR-1? How long and how much longer for CR-1?

4. K3 gets the priority for visa interview over CR-1?

According to the US Consulate in Ho Chi Minh city, Vietnam, K1/K3 is 9-12 months and CR-1 is 3 months longer. That seems a little long compare to what I heard or read from other people here VJ (K1/K3 is 6 months on average). Or they just post that number just to be safe and cover their slackness?

If it's only 3-month difference, I don't think it's worth to go thru K3. If it's like half year, then it's definitely worth it.

[lucyrich 20]

The two main places where the processing times vary are in the approval of the petition and in the NVC processing.

You've already looked at petition approval timelines on the USCIS site. Petition approval times have historically varied all over the place from time to time and depending on which petition you're filing and which center you're using. But lately, it seems like the USCIS is making progress on keeping petition approval timelines fairly close to 6 months. One thing I will almost guarantee: The processing timelines will change during the months when your paperwork is in the system, and you'll go crazy trying to predict an approval date based on those processing times.

The NVC processing is the big area where the CR-1 process slows down compared to the K-3. A K-3 typically sails through the NVC in a week or so. For a CR-1, they mail you some paperwork which you have to return, then they mail you some more and you return it, and it typically takes a few months to get through the NVC. So even if you had identical petition approval times, the K-3 would probably result in about a two or three month shortcut, because of the difference at the NVC. You may want to review other people's recent timelines in getting through the NVC, it's been awhile since I watched the timelines super-closely.

But each case is unique, and timelines really do change. You may want to file for the K-3 "just in case". The only disadvantage to filing for a K-3 is the filing fee and the time spent on the paperwork. You can always abandon it late in the game if it doesn't seem to offer enough of a shortcut. That's what we did (when we originally filed it, it looked like it would offer a year or two shortcut, based on the very long I-130 approval timelines that were current when we started. But because the timelines changed so much while our paperwork was in the system, the I-129F was actually approved many months after we had the CR-1 visa).