New application needed for CR-1 if K3 doesn't go through?

[thewogans 1]

I'm wondering if I should submit a NEW application for the CR-1 if I've already applied for the K3(still in NSC).
If the K3 doesn't go through because they just don't like to issue those visas, will they(NVC) transfer the visa or do I need to start all over again?

I haven't been denied K3. I'm just trying to prepare for any possibilities and trying not to panic, though failing.

[Ian H. 207]

I think they may just be backlogged you can try contacting customer service to see if that's a possibility. Although part of the K3 is sending in the I 130 as well right? You can contact them and see if you could drop the K3 and just pursue the CR1/IR1, it never hurts to check. Of course if that's possible it should only be without having to file a new application so you won't lose your priority date. That's why many people don't do the K3 anymore because unfortunately it's taking about the same or even longer as the IR1. It was more convenient back then when it only took a few months.

[NikLR 13,227]

The issuing of visas etc is a DOS issue, not a USCIS issue, who does not issue visas. You have no problems right now, just wait for the petitions to be approved or not. As it is the chances of you actually getting a K3 is about 0.03% as the NVC will most likely close the I-129F if the approved I-130 reaches them before or at the same time as the I-129F.

I highly suggest reading up on both routes, but spend more time on the CR1 as it's most likely the route you will have.

[NikLR 13,227]

I think they may just be backlogged you can try contacting customer service to see if that's a possibility. Although part of the K3 is sending in the I 130 as well right? You can contact them and see if you could drop the K3 and just pursue the CR1/IR1, it never hurts to check. Of course if that's possible it should only be without having to file a new application so you won't lose your priority date. That's why many people don't do the K3 anymore because unfortunately it's taking about the same or even longer as the IR1. It was more convenient back then when it only took a few months.

K3 have never taken only a few months. They were produced when a spousal visa used to take 3-4 years. Now, becuase of USCIS policy to adjudicate the petitions together and subsequent NVC policy to close the I-129F if it reaches them at the same time or after the approved I-130, and even embassies and consulates who close that visa path, they're mostly obsolete and rarely granted.

Priority date has nothing to do with the spousal visa process for a USC spouse. There is always a visa available.

The OP has nothing to worry about. They will not need to refile even in the event of a denial at embassy because the USCIS allows for a reaffirmation of the I-130. Only if their original I-130 is completely denied would they ever need to refile.

[NigeriaorBust 4,087]

You can't file a K3 without the receipt for an I 130 why would need another I 130 ?

[Ian H. 207]

The are people that have got their K3 petitions approved in 4 months or less. My K1 petition also took 4 months.

K3 have never taken only a few months. They were produced when a spousal visa used to take 3-4 years. Now, becuase of USCIS policy to adjudicate the petitions together and subsequent NVC policy to close the I-129F if it reaches them at the same time or after the approved I-130, and even embassies and consulates who close that visa path, they're mostly obsolete and rarely granted.

Priority date has nothing to do with the spousal visa process for a USC spouse. There is always a visa available.

The OP has nothing to worry about. They will not need to refile even in the event of a denial at embassy because the USCIS allows for a reaffirmation of the I-130. Only if their original I-130 is completely denied would they ever need to refile.

[NikLR 13,227]

I had my I-130 approved in 4 months but that is NOT the norm at at the moment. Also the USCIS adjudicates the I-129F and I-130 together except in very very rare cases. That means the I-129F takes as long as the I-130 to be adjudicated so how fast or slow separate I-129f are moving for K1 visa paths at the moment is irrelevant.

[thewogans 1]

K3 have never taken only a few months. They were produced when a spousal visa used to take 3-4 years. Now, becuase of USCIS policy to adjudicate the petitions together and subsequent NVC policy to close the I-129F if it reaches them at the same time or after the approved I-130, and even embassies and consulates who close that visa path, they're mostly obsolete and rarely granted.

Priority date has nothing to do with the spousal visa process for a USC spouse. There is always a visa available.

The OP has nothing to worry about. They will not need to refile even in the event of a denial at embassy because the USCIS allows for a reaffirmation of the I-130. Only if their original I-130 is completely denied would they ever need to refile.

USCIS allows for reaffirmation of the I-130....... in the form of either the K3 or the CR-1? Is that correct?

Thank you everyone for responding

[Darnell 8,478]

thewogans -

if the I-130 ain't approved yet - submitting a I-129F actually slows down the process. the I-130 is pulled out of it's place in the queue, and put together with the I-129F, at the end of the queue.

Now - once an I-130 petition is approved and sent on to NVC - the beneficiary is allowed to apply for the visa at the National Visa Center.

I don't understand what you've written in post #1 - is there some backstory we need to know about ?

[thewogans 1]

thewogans -

if the I-130 ain't approved yet - submitting a I-129F actually slows down the process. the I-130 is pulled out of it's place in the queue, and put together with the I-129F, at the end of the queue.

Now - once an I-130 petition is approved and sent on to NVC - the beneficiary is allowed to apply for the visa at the National Visa Center.

I don't understand what you've written in post #1 - is there some backstory we need to know about ?

It's confusing, I know!!

I have BOTH the I-130 and the I-129f at the USCIS since Feb 2014. My original applications are for the K3 Visa.

My main concern is that because the K3 seems to be approved so rarely(something I didn't know upon applying) that the K3 will not be approved and then we'll have to start this whole process again going the CR-1 route. That's what the original post was about- whether I'll need to start over at the beginning for the CR-1 with new applications or if my original application for the K3 will be converted to the CR-1.

Our case is pretty cut and dry- We are married 6 years, together 15. 2 Kids, a healthy AOS from my family here (i'm the USC). My DH is flying back and forth to Ireland, staying here less than the 90 day visa waiver program requires. My kids are little! We need to be together as a familly!

[Darnell 8,478]

first, no conversion. You have 2 petitions in play, parallel paths at NVC.

second - you've 2 petitions in play. The I-129F will be closed at NVC, you can bet one of your kids on it.

third - when the I-130 is approved, and moved on to the NVC - you'll be chasing an IR-1 visa at NVC, more paperwork, two forms plus supporting documents.

fourth - you aren't starting over - it is a continuation of the IR-1 process. An approved I-130 petition is just the start, actually. More to do, but is no 'start over' - you are continuing the visa application process, with NVC.

So, sure - it's more time at NVC - but don't try to forecast the calendar until the I-130 and I-129F arrive at NVC.

as to the kids - are they USCitizens already? if no, did the USCitizen Petitioner file 2 additional I-130 petitions? yes? no ?

[NikLR 13,227]

No no you don't understand why the K3 is rarely granted.

First you filed the I-130 petition; then you filed the I-129F petition which pulled the I-130 out of line. Both petitions will be adjudicated together. After approval, if the I-129f reaches the NVC at the same time or after the I-130, the NVC will close the I-129F and the K3 visa path. The I-130 will remain at the NVC and you will be pursuing the IR1/CR1 visa. You do not have to start anything over.

Occasionally the I-129F gets to the NVC first and goes onto the embassy as a K3. You can pursue that or wait for the superior IR1, or often the embassy will close the path themselves once they know there is an approved I-130.

[sammar2056 6]

Ok.. am sliding this in here.. hope its okay.. We filed for a k-3 thru rapid visa.. our I-130 was approved back in June.. It went on to the NVC.. Rapid Visa told us there was nothing to worry about.. the K3 was going thru.. That was a lie.. It was dead in the water before it even left the building.. It went on to the NVC as a CR-1.. which now has me scrambling to find a joint sponsor. I was told just a few minutes ago by an agent at the NVC that the I-130 came to them as a CR-1...The I-134 that I filled out back when we started with RV.. useless.. Now I have to fill out a different form seeing it is no longer a K3....

[NikLR 13,227]

Yes you will need the I-864 for the CR1. Either way you needed the 125% as per the I-864P however. Joint sponsor can be anyone, LPR or USC, who meets the povertypoverty guidelines and is domiciled in the USA.

I hate making spelling mistakes... Grrr. So much editing due to lack of proof reading. /bad NLR!

Edited August 5, 2014 by NLR

[thewogans 1]

Thank you thank you for your responses. I have a MUCH clearer understanding about how the 2 applications will proceed.
I have done lots of reading on this- flow charts, blogs, etc. and it's just clicked now. I feel so much better! This is stressful.

I'm annoyed that K3 visas applications are still being offered if everything just goes the route of the CR1.

Yes, the kids are USC.

And thankfully, I won't be surprised and scrambling for a sponsor.