Need explaination PLZ !!!

[Henia 11]

Hello

Can anyone give a totally and utterly confused person in the most simplest of terms, what is the difference between the K-3 and CR/IR1 visas? I have read the comparison of marriage visas here on VJ.

We were orginally going to file for DCF, but that is not an option anymore of course. Now trying to see what our options are. I am trying to figure out, since I am waiting for my citizenship interview, also which visa K3 or CR/IR1 is the one I can upgrade to if I file the LPR I-130?

Also if anyone can tell me the fees breakdown, since I did not see it here...

I appreciate it very much

Respectfully, Henia

[kitkat1 5]

K3 = NON-immigrant spousal visa and requires AOS in the US after receiving the visa.

CRI/IRI = Immigrant visa spousal visa = green card - no more AOS

[riblet 0]

You can file the I130 as a permanent resident, and then upgrade by calling once you naturalize.

Once you naturalize you also have the option of filing the I129F - many people are opting not to do this now since the I130 petitions are being processed much more quickly then they used to be.

Basically, once you have an approved I130 petition, your spouse can apply for a IR/CR1 visa depending on how long you have been married. This is the best visa to enter on since you are immediately elegible to work and will be issued a green card when you enter the U.S.

If your main concern is with speed, and you don't mind not being able to work for about 3+ months when you enter the U.S., then the K3 visa is a good option. The I129F petition isn't being approved much faster than the I130 recently BUT the I129F passes through the NVC in about a week before going to the consulate, whereas the I130 is at the NVC for about 3 months. If you enter on the K3 you have to apply for work authorization before you can work. You also have to apply for a green card by Adjusting Status or having the approved I130 sent to the NVC and returning to the home country consulate for the IR/CR1 visa.

Also, if you do choose to file a I129F, and it turns out to be approved first, there is a good chance that the I130 will be retained and if you want it sent on to the NVC you will have to file the I824, and it's unclear how much additional time that adds.

For the fees, I'll try to mostly estimate off the top of my head:

K3: file I130, Then filing fee (170) + visa fee (100) + work authorization (175) + I485 (325) ...maybe biometrics? = $770 (not including I130 fee)

I130: filing fee (190) + visa fee (380) = $570

also, both visas require various documents (police certificates, medical exams, etc.)

I'm not sure if this is too much, or not enough info... hope it helps

Good luck with everything!

[Henia 11]

Thanks Riblet, that did help alot! You, too Good Luck with your petition!

[misa 2]

For the fees, I'll try to mostly estimate off the top of my head:

K3: file I130, Then filing fee (170) + visa fee (100) + work authorization (175) + I485 (325) ...maybe biometrics? = $770 (not including I130 fee)

With the $190 for the I-130 filing fee and it's about $1,000 USD. Not cheap, but worth it for faster reunions.

Edited January 25, 2007 by misa

[Henia 11]

After 2 days of nothing but reading gov www and VJ still Is there a benefit to filing the I-130 as LPR? I know you can upgrade, but is it even worth filing now? Since a USC does not need to wait for a visa to be availible and a LPR does. (I have a naturalization case pending)

And also Riblet wrote the work

work authorization (175) + I485 (325)

when are these filed? Same time as the I-130

Also Misa what does this mean in your timelime (sorry for my ignorance, I am just trying to understand all this) :

(probably putting the I-130 into storage because it's retained...)

Thanks again... Much appreciate

[kitkat1 5]

Is there a benefit to filing the I-130 as LPR? I know you can upgrade, but is it even worth filing now?

I wouldn't think so but it would be smart to ask a lawyer to be sure

work authorization (175) + I485 (325) when are these filed?

After the visa is received at the time of AOS in the US

[Henia 11]

Is there a benefit to filing the I-130 as LPR? I know you can upgrade, but is it even worth filing now?

I wouldn't think so but it would be smart to ask a lawyer to be sure

work authorization (175) + I485 (325) when are these filed?

After the visa is received at the time of AOS in the US

AOS is only needed for I-129f is used right? Not the I-130? The non-immigrant visa... and when filing we need to specific we are filing k3 or CR/RI1right?

[kitkat1 5]

AOS is only needed for I-129f is used right? Not the I-130? The non-immigrant visa

AOS is only needed with the K3 - that's the one you file both I-129F and I-130

... and when filing we need to specific we are filing k3 or CR/RI1right?

If you file the I-130 only, it results in a CR1/IRI so it's clear and they know.

Take a look here - it might help clarify:

http://www.travel.state.gov/visa/immigrant...es_1315.html#3d

[Reba 2]

What's the timeline on your citizenship application? I just may be worth it to send in the I-130 now and then when you get your citizenship status, upgrade. That way it'll already be there, you won't have to wait til then to compile everything and send it in, it'll be done. It may save you some initial processing. Or not. Its the government.

[Henia 11]

Thanks Kitkat for all the help.

I am still waiting for the citizenship interview Reba. I will start to compile the info so we can send it off.