married in exile

[DaveStephChalm 3]

Hi

My wife and I have been commuting for four years. I was thinking about AOS on my ESTA last time I was in the USA but decided to return to Australia becasue I wasn't sure if that was okay.

We got married in the USA about a year and a half ago of a four year relationship with regular visits. we are very much in love, have stacks of photos of her kids and us together, a wedding album, stat decks ready.... we were looking at filling I130 for K3.... an attorny advised us that the K3 was dead and we needed to go down the CR1/IR1 route, the way he worded the reply though made it sound like he had an out and that it was not the case the K3 was dead. we have daily telphone calls, facebook, skype messages, four years worth!!!!!

Either way which is best and fastest....? or is I130>k3 and CR1 all the same?

I have updated my ESTA and planning to return for Christmas and stay for three months before I have to return for work in Australia.

any ideas would be greatly appreciated.

Dave

[Shanelle 21]

Hi. I've been told that the K-3 is basically "phased out" and to apply for the CR-1/IR-1 was the better alternative.

Hope this helps

[Ian H. 207]

You can file for the K3 if you want to. You have to submit form I-129F once you have the NOA1 for the I-130. There's not really an advantage in the rare event that you get it though because it would just cost more. It was convenient back in the day when they were approved way before the I-130.

The best thing you can do is get the CR1, which by the time you get here you would already have 2 years married and wouldn't have to do ROC and entering as an LPR means you can work without applying for an EAD.

[DaveStephChalm 3]

Thanks. Been thinking CR1 is way to go. I will be back for xmas on ESTA and read that i could possibly file I130 concurrently with I485 (AOS), but if we wait a bit longer and pursue CR1 without subsequent need for AOS to LPR and AED, itd be cheaper....

QED!

[d3adc0d3 186]

Thanks. Been thinking CR1 is way to go. I will be back for xmas on ESTA and read that i could possibly file I130 concurrently with I485 (AOS), but if we wait a bit longer and pursue CR1 without subsequent need for AOS to LPR and AED, itd be cheaper....

QED!

The timeline for a CR1/IR1 vs a K1/K3 (barring some bizarre circumstances or a high fraud country), is typically a matter of just months. The CR1 is the best option for you in my opinion.

The K1/K3 visa costs about $2500 in total fees. You have to pay the petition fee (~$450), the visa processing fee (~$200) if it's granted, the fee to adjust the status ($1070), and if you're married less than 2 years the fee to lift the conditions on your green card (~$500). I don't remember the exact numbers, so keep in mind those are most definitely estimates from my very much asleep brain.

The CR1 visa you pay for the petition fee, the visa fee, and if you've been married less than 2 years at the time you enter the US, the fee to lift your conditions in 2 years.

K1/K3 typically takes about 8-12 months until the visa is in your hands (if approved).

CR1/IR1 typically takes about 10-14 months until the visa is in your hands (if approved).

Edited October 31, 2014 by d3adc0d3