CR1 Petition

[~kiyah~ 14]

I am about to file our I130 petition, it will end up at the CSC I believe because I am in Texas.

I am looking at the I130 timelines and approvals on the site, and there are a huge number that are being processed and approved within 2-3 months. I am trying to determine whether it is even necessary to file the K3, and just go with the I130 instead of both petitions.

Also, I don't see anything regarding IMBRA on the I130 petition (rev 12/0/06) Does IMBRA only apply to K1 and K3 petitions? Has anyone gotten an RFE for not submitting anything regarding IMBRA with the I130?

Thanks in advance, I appreciate it.

~Kiyah~

[YuAndDan 153]

IMBRA has to do with Fiance(e) visas, so the questions are on I-129F form.

If you start the K-3 process by filing I-129F, after you get NOA1 for the I-130, USCIS will hold your CR-1 petition and let the K-3 one run through NVC, if you want to push the CR-1 through as well you will need to file form I-824 to move the I-130 (CR-1) along to NVC.

Edited January 10, 2007 by YuAndDan

[~kiyah~ 14]

Actually, I believe that is incorrect. I have to file the CR1 (I130) first before I can even file for the K3 (I129)...which is why I am even asking this question and trying to decide if the K3 is even necessary.

I know IMBRA applies to K1s, part of it also applies to K3s because it is a non-immigrant visa which is why I am asking about anyone receiving IMBRA RFEs for their I130...we all know what a mess IMBRA caused in the beginning. The form does not say anything about IMBRA for the I130, BUT did anyone get an RFE for it anyway? I am trying to be proactive here.

Thanks,

~Kiyah~

[Sofiyya 1,687]

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

[YuAndDan 153]

Actually, I believe that is incorrect. I have to file the CR1 (I130) first before I can even file for the K3 (I129)...which is why I am even asking this question and trying to decide if the K3 is even necessary.

I know IMBRA applies to K1s, part of it also applies to K3s because it is a non-immigrant visa which is why I am asking about anyone receiving IMBRA RFEs for their I130...we all know what a mess IMBRA caused in the beginning. The form does not say anything about IMBRA for the I130, BUT did anyone get an RFE for it anyway? I am trying to be proactive here.

Thanks,

~Kiyah~

Firstly that is what I said "you start the K-3 process by filing I-129F, after you get NOA1 for the I-130".

And IMBRA does not affect CR-1, IR-1, and K-3 petitioners, that is why there are no IMBRA questions on form I-130.

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)

See: http://www.uscis.gov/files/article/IMBRA072106.pdf

[~kiyah~ 14]

Actually, I believe that is incorrect. I have to file the CR1 (I130) first before I can even file for the K3 (I129)...which is why I am even asking this question and trying to decide if the K3 is even necessary.

I know IMBRA applies to K1s, part of it also applies to K3s because it is a non-immigrant visa which is why I am asking about anyone receiving IMBRA RFEs for their I130...we all know what a mess IMBRA caused in the beginning. The form does not say anything about IMBRA for the I130, BUT did anyone get an RFE for it anyway? I am trying to be proactive here.

Thanks,

~Kiyah~

Firstly that is what I said "you start the K-3 process by filing I-129F, after you get NOA1 for the I-130".

And IMBRA does not affect CR-1, IR-1, and K-3 petitioners, that is why there are no IMBRA questions on form I-130.

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)

See: http://www.uscis.gov/files/article/IMBRA072106.pdf

I got it, my bad.

The IMBRA filing limitations do not apply to the K3...however, the questions regarding marriage broker and any of the convictions mentioned in the law do apply to the K3 as well as the K1. I wanted to be proactive about sending in the info regarding IMBRA for the I130 rather than getting an RFE for the info (thus delaying any processing), but it is not listed on the I130 at all.

Has anyone who filed the I130 and gotten an RFE for an IMBRA related information? I guess I could just send it anyway, but would also like to know for statistical reasons. I will post this in the IMBRA section rather than here, maybe there are more there who could answer that question.

I am also thinking that since processing of the I130 has sped up that the K3 really isn't even necessary...we would rather have the CR1 and not have to adjust his status right away when he comes home.

Just trying to gather as much info as I can and make sure we choose our best option.

Thanks much

~Kiyah~

[~kiyah~ 14]

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

Thank you so much, and this is exactly what I am seeing...a lot faster I130 processing time. I really only see a few that are taking a long time.

~Kiyah~

[tanszani 0]

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

Thank you so much, and this is exactly what I am seeing...a lot faster I130 processing time. I really only see a few that are taking a long time.

~Kiyah~

But there is some waiting time to forward the approved I-130 to the NVC with the I-824 request.....I'm still waiting

for receipt and transfer confirmation. Unless your I-130 has already been forwarded instead of retained like

mine was.

[Captain Oates 911]

Having gone through k1 - AOS system with all the hoo-Haar and waiting and uncertainty and fingerprint sessions - and nerve wracking stuff, I wouldn't even consider doing k3 and aos

i am doing cr-1 and i ain't going nowhere near the USA until i get my mits on an immigrant visa and even then i am not going until my second wedding anniversary !

then all i have to worry about is whether the mailman loses my green card or they send a conditional one by mistake, or one with the wrong name on (I remember someone answering a question 'N/A' and they got a green card showing their nationality as 'Netherlands Antilles' !!!!!

So if you can arrange to have the minimum to do with this system then that is the way to go....

[dougyceci 0]

I struggled witht the same question and ended up only filing the I-130 . Filed in Sept and am now in the NVC stage. I agree with one of the earlier posts, the less you have to do with the system the easier the process may be. If you think your case is pretty straight forward it may be easier to go the CR-1 route. If you don't mind spending the extra money file both and see which one progresses faster. No one knows for sure.

[soulm8z0928 0]

no, imbra has nothing to do with cr1/ir1 visas.

this is just our experience, yours may differ, but.....we did cr1 visa only. my wife doesn't have her interview yet, but we are fairly certain based on other timelines here that it will be no later than march. that would be under 10 months from wedding to visa. we did use james' shortcuts (see thread pinned at top of nvc forum abt nvc timesavers), which i think saved us about 3 weeks time.

good luck on your journey!

[~kiyah~ 14]

Thank you so much everyone for your responses, I really do appreciate it. Very helpful

~Kiyah~

[doodlebug 3]

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

Do you mean 2006 or is 2005 right?

[Sofiyya 1,687]

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

Do you mean 2006 or is 2005 right?

I meant 2006! I've been so proud of myself not to get my years confused at the beginning of a new year, but now I'm going backwards, it seems! You caught me, sis!

[doodlebug 3]

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

Thank you so much, and this is exactly what I am seeing...a lot faster I130 processing time. I really only see a few that are taking a long time.

~Kiyah~

But there is some waiting time to forward the approved I-130 to the NVC with the I-824 request.....I'm still waiting

for receipt and transfer confirmation. Unless your I-130 has already been forwarded instead of retained like

mine was.

If I'm not mistaken, if he doesn't file the I-129F at all, and just files the I-130, he'll not need to file the I-824 request, right?

I've been going back and forward in my head about this too. If we do the K-3, it's extra $$$ to file extra forms to get the visa, then more $$$ and more forms to file for AOS. Not to mention it looks like most I-130's take about 90 days at the NVC whereas filing for AOS seems to take at least twice that amount of time.

It's so hard because waiting an additional 90 days for him to come here would suck but then it'd suck equally for us to have to go through this bullcrap for another 6 months or so after he's here, not to mention he'd really hate not working right away.