IR-1 & K-3 Question

[mdpo 0]

Hi Vj'ers,

This is my very first post, after reading tons of information with regards to IR-1 and K-3, I am a bit loss as to the advantage of filing a K-3.

My Wife just filed the I-130 last March 16, 2007 so we are waiting for the NOA1. However I am not sure as to whether I will be filing the I-129F for the K-3 when I receive the NOA1 since upon researching, some are getting IR-1 earlier than K-3. I don't want to be stucked with 2 approved petition and have to file I-824 just to transfer my approved K-3 to IR-1 (assuming K-3 was scheduled for interview first). However, part of me says my IR-1 might take longer since I am seeing some IR-1 petition that is stucked or have a timeline of more than a year.

Any advise you can provide with? It would be very much appreciated. Thanks!

A bit of background regarding my case:

I was petitioned before under a K-1 and it was approved and I was scheduled for interview March 14, 2007. However we got married married Dec. 2006 (due to request of her very old Grandmother) when wife went here for Christmas Vacation. So I called up US Embassy in Manila and was advised to still proceed with the Interview and Medical Checkup. To cut the story short, I was not issued a Visa and the consul advise me to ask my wife to file I-130 in her place of residence. So we have to go the process again of waiting. Right now I am doing everything on our own, since we got the service of a lawyer before for the K1. So I am thankful to this website/forum for all this information provided. Kudos! to this website and all the moderators.

[Coco&Kitten 42]

Hi!

I am new on this forum too and would like to see an answer to your question. I am having the same dilema... not know if IR-1 or K-3 is better...

Kitten

[Mononoke28 135]

It depends on what you prefer. The K-3 visa for most countries is being processed almost in the same amount of time as the CR-1/IR-1, but like you said, not in all cases. At this point it could be a gamble. The only pro of filing this type of visa could probably be that it's faster, but then again, not a guarrantee.

You also have to remember that once your spouse comes into the US with the K-3, she will have to adjust her status, apply for employment authorization and possibly advance parole if she wants to go back home for any reason before her green card arrives. All of that right now is about $600-$800, plus the $170 for the I-129F that you send out in the beginning. All of those fees will most likely double this summer when USCIS raises the prices.

As for the CR-1/IR-1, it's pretty simple. Spouse gets approved at the embassy, they come to the US and a month later, bam! they get their green card in the mail and are authorized to work in the US right away. No need to apply for anything else. BUT it could take longer than the K-3... BUT then again, it might not.

Talk it over with your spouses and see what feels best for you. In my case, CSC never sent out the NOA1 for my I-130 so it made more sense to leave it alone and wait for the CR-1/IR-1.

Edited March 20, 2007 by Mononoke28

[Niels Bohr 72]

WELCOME TO VJ!!!

[LvivLovers 39]

WELCOME TO VJ!!!

I had this same question myself. I don't know if it will work yet or not, but on my I-130 I clearly marked in several places that I intended to follow the consular process so that they would not retain it when I filed my I-129F. So I'm hoping at some point I can see whether or not it will be worth just waiting for the IR-1/CR-1.

[Yodrak 7]

mdpo,

Point of clarification: I-824 does not "transfer approved K-3 to IR-1". I-824 is to get the approved I-130 sent to the DoS so that a K3 can apply for an immigrant visa rather than apply for adjustment of status so as to become an LPR.

If a K3 wants to apply for adjustment of status they should not use I-824.

Yodrak

Hi Vj'ers,

This is my very first post, after reading tons of information with regards to IR-1 and K-3, I am a bit loss as to the advantage of filing a K-3.

My Wife just filed the I-130 last March 16, 2007 so we are waiting for the NOA1. However I am not sure as to whether I will be filing the I-129F for the K-3 when I receive the NOA1 since upon researching, some are getting IR-1 earlier than K-3. I don't want to be stucked with 2 approved petition and have to file I-824 just to transfer my approved K-3 to IR-1 (assuming K-3 was scheduled for interview first). ......

[nyseness 0]

I agree with Mononoke28. I was going to go the K3 route but later realized the speed and fees weren't worth the AOS process so I then decided to wait out the CR-1.

[pushbrk 13,043]

It depends on what you prefer. The K-3 visa for most countries is being processed almost in the same amount of time as the CR-1/IR-1, but like you said, not in all cases. At this point it could be a gamble. The only pro of filing this type of visa could probably be that it's faster, but then again, not a guarrantee.

You also have to remember that once your spouse comes into the US with the K-3, she will have to adjust her status, apply for employment authorization and possibly advance parole if she wants to go back home for any reason before her green card arrives. All of that right now is about $600-$800, plus the $170 for the I-129F that you send out in the beginning. All of those fees will most likely double this summer when USCIS raises the prices.

As for the CR-1/IR-1, it's pretty simple. Spouse gets approved at the embassy, they come to the US and a month later, bam! they get their green card in the mail and are authorized to work in the US right away. No need to apply for anything else. BUT it could take longer than the K-3... BUT then again, it might not.

Talk it over with your spouses and see what feels best for you. In my case, CSC never sent out the NOA1 for my I-130 so it made more sense to leave it alone and wait for the CR-1/IR-1.

One correction. K3 visa holders do not need Advanced Parole. The K3 is a multiple entry visa good for two years.

I would research the timelines for the Philipines specifically and then consider how IMBRA could come into play on your I-129F for the K3. Your earlier filing can complicate the whole process or not. Then make your own value judgment on what's best for you in your specific circumstances and based on your own priorities.

Edited March 20, 2007 by pushbrk

[Mononoke28 135]

One correction. K3 visa holders do not need Advanced Parole. The K3 is a multiple entry visa good for two years.

I would research the timelines for the Philipines specifically and then consider how IMBRA could come into play on your I-129F for the K3. Your earlier filing can complicate the whole process or not. Then make your own value judgment on what's best for you in your specific circumstances and based on your own priorities.

Oh wonderful I did not know that, then that would be another plus if you're considering a K-3.

[Mononoke28 135]

I agree with Mononoke28. I was going to go the K3 route but later realized the speed and fees weren't worth the AOS process so I then decided to wait out the CR-1.

Nyseness, I'm keeping my eye on your case every day because if my calculations are right... you should be getting your NOA2 in about 3 weeks or so. I'm keeping my fingers crossed because if you do, that means I should be getting mine in early May.

[nyseness 0]

I agree with Mononoke28. I was going to go the K3 route but later realized the speed and fees weren't worth the AOS process so I then decided to wait out the CR-1.

Nyseness, I'm keeping my eye on your case every day because if my calculations are right... you should be getting your NOA2 in about 3 weeks or so. I'm keeping my fingers crossed because if you do, that means I should be getting mine in early May.

Thanks Mononoke28 I hope I get it soon b/c the wait is starting to drive me nuts!!! I know it's still early but I spoke to someone in my congressman's office and she said she will see what can be done, so give her 10 days for a response. I'm really hoping for a late Aug interview date so the sooner the better.

Edited March 20, 2007 by nyseness

[mdpo 0]

Yodrak: thanks for the clarification, so the I-824 is the same as the AOS since instead of filing AOS, you will just be filing I-824 to continue the approved IR-1? Which one would be quicker? Also in both cases will the beneficiary be in US already?

I am still yet to see how long my NOA1 would come out so as to see in the timeline if it would be feasible to be filing for a K-3. Since as Mononke28 states, NOA1 might take at most 30 days...

Thanks for all the responses... hope all would go smoothly.