Pursuing K3 AND IR-1/CR-1

[LvivLovers 39]

I'm planning to pursue both the K3 AND IR-1/CR-1. When I submitted my I-130, I indicated clearly in several places that I wanted them to forward the I-130 on and not just retain it when my I-129F is submitted. We'll see how well this works vs. filing the I-824.

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

[Yodrak 7]

LvivLovers,

When the NVC contacts you after they have received your approved I-130 petition from the USCIS they will contact both you and your spouse to begin the immigrant visa application process. You respond by either submitting the fees and forms for the immigrant visa or by telling them that your spouse will adjust status.

Yodrak

I'm planning to pursue both the K3 AND IR-1/CR-1. When I submitted my I-130, I indicated clearly in several places that I wanted them to forward the I-130 on and not just retain it when my I-129F is submitted. We'll see how well this works vs. filing the I-824.

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

[Niels Bohr 72]

GOOD LUCK!!!

[aussiewench 9]

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

If the I-130 continues through NVC with the application for a visa (DS-230) and I-1864 etc., and your spouse interviews for and enters on the K-3. She will have two options.

1) Adjust status in the US from the K-3

2) Return to the consulate/embassy for the immigrant visa. Once granted she will reenter the US and be granted permanent residency. If married under two years on entry the green card comes with conditions which must be applied for to be removed 90 days prior to the two year anniversary of her entry into the US on the immigrant visa, or if married more than two years on entry, she will be granted permanent residency with no conditions. (often have to draw attention to the more than two year marriage to be granted the correct status)

[LvivLovers 39]

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

If the I-130 continues through NVC with the application for a visa (DS-230) and I-1864 etc., and your spouse interviews for and enters on the K-3. She will have two options.

1) Adjust status in the US from the K-3

2) Return to the consulate/embassy for the immigrant visa. Once granted she will reenter the US and be granted permanent residency. If married under two years on entry the green card comes with conditions which must be applied for to be removed 90 days prior to the two year anniversary of her entry into the US on the immigrant visa, or if married more than two years on entry, she will be granted permanent residency with no conditions. (often have to draw attention to the more than two year marriage to be granted the correct status)

Ok. That finally makes sense to me. So if I do manage to get my I-130 to the NVC, get it approved, and get it to the US Embassy before her K3 interview we can hopefully change it to an IR-1/CR-1 interview instead. If the I-130 is taking a really long time, we'll just adjust status in the US from the K-3 since we want to minimize our time apart. Now what if she gets her K3, but the I-130 arrives shortly therafter? Is it possible for us then to interview again and get an IR-1/CR-1 even though she just got her K3?

Thanks so much for the help!

[aussiewench 9]

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

If the I-130 continues through NVC with the application for a visa (DS-230) and I-1864 etc., and your spouse interviews for and enters on the K-3. She will have two options.

1) Adjust status in the US from the K-3

2) Return to the consulate/embassy for the immigrant visa. Once granted she will reenter the US and be granted permanent residency. If married under two years on entry the green card comes with conditions which must be applied for to be removed 90 days prior to the two year anniversary of her entry into the US on the immigrant visa, or if married more than two years on entry, she will be granted permanent residency with no conditions. (often have to draw attention to the more than two year marriage to be granted the correct status)

Ok. That finally makes sense to me. So if I do manage to get my I-130 to the NVC, get it approved, and get it to the US Embassy before her K3 interview we can hopefully change it to an IR-1/CR-1 interview instead. If the I-130 is taking a really long time, we'll just adjust status in the US from the K-3 since we want to minimize our time apart. Now what if she gets her K3, but the I-130 arrives shortly therafter? Is it possible for us then to interview again and get an IR-1/CR-1 even though she just got her K3?

Thanks so much for the help!

Yes, but you will have to look at the time it takes for an interview to be scheduled at the consulate for the immigrant visa. Your spouse can either wait for the immigrant visa interview by not activating the K-3, or she can enter the US on the K-3 and then return to the consulate when the interview date comes around. Many have done this and it is an official option. You may like to look at the times it is taking to complete the adjustment of status process at the Office you would be required to go through. Some Offices are taking up to 2-3 years. In these cases, depending on your circumstances, it can be beneficial to return for the immigrant visa. Obviously financial situation figures into things as well, as a trip back to the consulate adds extra $$$$$

[dabucos 0]

We so glad to find this topic! Our K3 and CR1 interviews are only 2 week apart here in Manila. The K3 is first then CR1 two weeks later. We can attend and get BOTH visas ok and they dont mind? We just will not tell them that we have 2 interviews or should we? How does this work? We are so worried what to do at the first K3 interview because we dont want to turn down either visa, please help! Thank you!

Dab

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

If the I-130 continues through NVC with the application for a visa (DS-230) and I-1864 etc., and your spouse interviews for and enters on the K-3. She will have two options.

1) Adjust status in the US from the K-3

2) Return to the consulate/embassy for the immigrant visa. Once granted she will reenter the US and be granted permanent residency. If married under two years on entry the green card comes with conditions which must be applied for to be removed 90 days prior to the two year anniversary of her entry into the US on the immigrant visa, or if married more than two years on entry, she will be granted permanent residency with no conditions. (often have to draw attention to the more than two year marriage to be granted the correct status)

Ok. That finally makes sense to me. So if I do manage to get my I-130 to the NVC, get it approved, and get it to the US Embassy before her K3 interview we can hopefully change it to an IR-1/CR-1 interview instead. If the I-130 is taking a really long time, we'll just adjust status in the US from the K-3 since we want to minimize our time apart. Now what if she gets her K3, but the I-130 arrives shortly therafter? Is it possible for us then to interview again and get an IR-1/CR-1 even though she just got her K3?

Thanks so much for the help!

Yes, but you will have to look at the time it takes for an interview to be scheduled at the consulate for the immigrant visa. Your spouse can either wait for the immigrant visa interview by not activating the K-3, or she can enter the US on the K-3 and then return to the consulate when the interview date comes around. Many have done this and it is an official option. You may like to look at the times it is taking to complete the adjustment of status process at the Office you would be required to go through. Some Offices are taking up to 2-3 years. In these cases, depending on your circumstances, it can be beneficial to return for the immigrant visa. Obviously financial situation figures into things as well, as a trip back to the consulate adds extra $$$$$

Edited May 13, 2007 by dabucos

[pushbrk 13,010]

By law, a K3 visa is only available when an immigrant visa is not immediately available. What is supposed to happen when the immigrant visa case arrives on station after a K3 interview is scheduled, is that the interview converts to CR or IR1 interview and if successful the immigrant visa is issued instead of the K3.

All you really need to do is notify the Consulate before or during the interview appointment that your CR1 case is there and go for it. One interview. One CR1 visa.

We so glad to find this topic! Our K3 and CR1 interviews are only 2 week apart here in Manila. The K3 is first then CR1 two weeks later. We can attend and get BOTH visas ok and they dont mind? We just will not tell them that we have 2 interviews or should we? How does this work? We are so worried what to do at the first K3 interview because we dont want to turn down either visa, please help! Thank you!

Dab

Anyway, my thoughts were I'd rather have the IR-1/CR-1 (like everyone else), so if we can get this processed reasonably close to the same amount of time as the K3 (within a month or so), we'd just go for the IR-1/CR-1. So the only way to really know, I figured, is to pursue them both at the same time. But here's my question...if I start going through all the process for the I-130 at the NVC and my K3 makes it to the US Embassy in Ukraine where my wife lives and we decide to just go for the K3 due to a big time difference between the K3 and IR-1/CR-1...what happens to the I-130 etc. at the NVC? Since there's a considerable amount of work and fees done there, I'd like to not abandon all that process and file Adjustment of Status once she gets to the USA. Is there any way to get the K3 visa so she can get to the USA, and then keep processing that I-130?

I've seen plenty of info on here about pursuing the K3 or the IR-1/CR-1...but I'm really confused when it comes to pursuing both. Any input?

If the I-130 continues through NVC with the application for a visa (DS-230) and I-1864 etc., and your spouse interviews for and enters on the K-3. She will have two options.

1) Adjust status in the US from the K-3

2) Return to the consulate/embassy for the immigrant visa. Once granted she will reenter the US and be granted permanent residency. If married under two years on entry the green card comes with conditions which must be applied for to be removed 90 days prior to the two year anniversary of her entry into the US on the immigrant visa, or if married more than two years on entry, she will be granted permanent residency with no conditions. (often have to draw attention to the more than two year marriage to be granted the correct status)

Ok. That finally makes sense to me. So if I do manage to get my I-130 to the NVC, get it approved, and get it to the US Embassy before her K3 interview we can hopefully change it to an IR-1/CR-1 interview instead. If the I-130 is taking a really long time, we'll just adjust status in the US from the K-3 since we want to minimize our time apart. Now what if she gets her K3, but the I-130 arrives shortly therafter? Is it possible for us then to interview again and get an IR-1/CR-1 even though she just got her K3?

Thanks so much for the help!

Yes, but you will have to look at the time it takes for an interview to be scheduled at the consulate for the immigrant visa. Your spouse can either wait for the immigrant visa interview by not activating the K-3, or she can enter the US on the K-3 and then return to the consulate when the interview date comes around. Many have done this and it is an official option. You may like to look at the times it is taking to complete the adjustment of status process at the Office you would be required to go through. Some Offices are taking up to 2-3 years. In these cases, depending on your circumstances, it can be beneficial to return for the immigrant visa. Obviously financial situation figures into things as well, as a trip back to the consulate adds extra $$$$$