To use a lawyer or not-applying for K-3

[Marilyn. 340]

we had a lawyer and he seemed to hinder our case more then he helped... I had to keep him on his toes and correct his mistakes...... so he ended up being a waste of money....

[CanadianButterfly 0]

Wow you guys are great on here! With your help I probably could do it myself. I know that it's my husband that has to file for me since he's the American citizen, but of course he would have me do all the paper work anyway... LOL

The only thing is I've heard some horror stories of people having their whole application sent back to them and denied...had to start over and everything just because they forgot one thing or did something minor incorrect. I don't want that to happen to me. I wonder if I were to do everything myself if I should just have a lawyer read it over before I send it in, or if that's even necessary.

Like I said you're replies are really helping, so thanks a lot and keep them coming!

Canadian_Butterfly

[devblt 0]

Wow you guys are great on here! With your help I probably could do it myself. I know that it's my husband that has to file for me since he's the American citizen, but of course he would have me do all the paper work anyway... LOL

The only thing is I've heard some horror stories of people having their whole application sent back to them and denied...had to start over and everything just because they forgot one thing or did something minor incorrect. I don't want that to happen to me. I wonder if I were to do everything myself if I should just have a lawyer read it over before I send it in, or if that's even necessary.

Like I said you're replies are really helping, so thanks a lot and keep them coming!

Canadian_Butterfly

If you need someone to look over your documents and also want to save a few $$ send your application to me.. I'll only charge you 10% of what a lawyer would charge

Seriously though, when you look at the documents that need to be filled out.. even a 10 year old can fill it out. Just double check and triple check your own work and you should be fine

[CanadianButterfly 0]

Wow you guys are great on here! With your help I probably could do it myself. I know that it's my husband that has to file for me since he's the American citizen, but of course he would have me do all the paper work anyway... LOL

The only thing is I've heard some horror stories of people having their whole application sent back to them and denied...had to start over and everything just because they forgot one thing or did something minor incorrect. I don't want that to happen to me. I wonder if I were to do everything myself if I should just have a lawyer read it over before I send it in, or if that's even necessary.

Like I said you're replies are really helping, so thanks a lot and keep them coming!

Canadian_Butterfly

If you need someone to look over your documents and also want to save a few $$ send your application to me.. I'll only charge you 10% of what a lawyer would charge

Seriously though, when you look at the documents that need to be filled out.. even a 10 year old can fill it out. Just double check and triple check your own work and you should be fine

Hahaha ... I'll keep you in mind when I get through it Devblt. To be honest I haven't even looked at the actual forms as yet...I think I'm just psyching myself out. Plus I don't know 100% which forms I need to look at or start on...I'm a confused butterfly. LOL

Canadian_Butterfly

[meauxna 15]

Plus I don't know 100% which forms I need to look at or start on...

CB, can I recommend that you don't psych yourself out?

There are essentially two choices you have as an already-spouse of a USC: an Immigrant Visa (CR/IR) or a K-3. Each has different benefits and drawbacks that will depend entirely on your specific situation.

Starting here is good: http://www.visajourney.com/forums/index.ph...mp;page=compare

Skip the K-1 stuff, and disregard DCF unless your USC spouse also lives in Canada.

That narrows it all down some, doesn't it?

[CanadianButterfly 0]

Plus I don't know 100% which forms I need to look at or start on...

CB, can I recommend that you don't psych yourself out?

There are essentially two choices you have as an already-spouse of a USC: an Immigrant Visa (CR/IR) or a K-3. Each has different benefits and drawbacks that will depend entirely on your specific situation.

Starting here is good: http://www.visajourney.com/forums/index.ph...mp;page=compare

Skip the K-1 stuff, and disregard DCF unless your USC spouse also lives in Canada.

That narrows it all down some, doesn't it?

Thanks meauxna! That does indeed narrow it down some! Since you said that there are benefits and drawbacks to both then I'll just have to read through and figure out which one is best for me. ...Or do you apply for both?

Canadian_Butterfly

[devblt 0]

Plus I don't know 100% which forms I need to look at or start on...

CB, can I recommend that you don't psych yourself out?

There are essentially two choices you have as an already-spouse of a USC: an Immigrant Visa (CR/IR) or a K-3. Each has different benefits and drawbacks that will depend entirely on your specific situation.

Starting here is good: http://www.visajourney.com/forums/index.ph...mp;page=compare

Skip the K-1 stuff, and disregard DCF unless your USC spouse also lives in Canada.

That narrows it all down some, doesn't it?

Thanks meauxna! That does indeed narrow it down some! Since you said that there are benefits and drawbacks to both then I'll just have to read through and figure out which one is best for me. ...Or do you apply for both?

Canadian_Butterfly

By applying for a K3 you are automatically applying for a CR1 visa. For the K3 you first need to send of the I-130 (which by itself is the CR1 visa) and once you get your receipt conformation you would submit the I-129F.

The key difference between the two is how quickly the two of you can be together.. (no boubt there are others). If you are not overly concerned about how long the two of you will be apart, the CR1 visa is the best to go with as it has the least amonut of paper work that needs to be filed, is the cheapest option, and when you finally get over states side, you'll have your GC straight away. With the K3 visa, you'll have to file the additional I129F and when you finally get over to the states, you'll have to files for Adjustment of Status which is more $$$. You may save about 2-3 months in time by applying for a K3, but you'll spend more $$$ in the process. So the question is what makes more sense in your situation. Saving $$$ or being reunited quicker. Personally I opted for saving $$$

[meauxna 15]

Thanks meauxna! That does indeed narrow it down some! Since you said that there are benefits and drawbacks to both then I'll just have to read through and figure out which one is best for me. ...Or do you apply for both?

You used to be able to apply for both, but that does not seem to be the case anymore. Rather, you can apply for both, but you will only 'get' the K-3 if you go that way.

Points to consider:

-How soon does the immigrant NEED to work? Can s/he spend the first 3-5 months in the US without working, or are the #1 breadwinner or have a job offer waiting that requires them to have work authorization from the get-go?

-How soon does the immigrant NEED to move to the US? Would a couple more months apart be a palatable tradeoff for additional immediate immigration benefits?

-What are the comparative timelines of the various offices you'll have to deal with? There will be one calculation for the petition/Service Center. There will be another for later applications, some of them more urgent than others.

You haven't really shared any of your short, mid and long term objectives, but these are some of the factors that would determine which visa type is 'best' for your family.

[meauxna 15]

By applying for a K3 you are automatically applying for a CR1 visa.

dev, a gentle correction.

The I-130 is the petition that is required to start either/both of these processes--IOW, you can't have a K-3 petition go in without also having an I-130 in.

However, the Service is now looking at the additional I-129f and thinking: hey, you must really actually want to get a K-3, so we will NOT continue you on the Immigrant Visa path (CR-1).

Once the K-3 process is started, you now have to stick with it and ultimately apply to Adjust Status/AOS in the US.

[Yodrak 7]

devblt,

No, you're not. And an I-130 petition is neither an immigrant visa nor is it an immigrant visa application.

Yodrak

By applying for a K3 you are automatically applying for a CR1 visa. For the K3 you first need to send of the I-130 (which by itself is the CR1 visa) and once you get your receipt conformation you would submit the I-129F.

.....

[devblt 0]

devblt,

No, you're not. And an I-130 petition is neither an immigrant visa nor is it an immigrant visa application.

Yodrak

By applying for a K3 you are automatically applying for a CR1 visa. For the K3 you first need to send of the I-130 (which by itself is the CR1 visa) and once you get your receipt conformation you would submit the I-129F.

.....

My humble apologies

[CanadianButterfly 0]

Thanks again to all, this is great help!

I'm taking it all in, everything you guys have to say!

Canadian_Butterfly

[CanadianButterfly 0]

Hello everyone.

I have to admit I am still very confused here. I read through the choices that I have and under "Spousal Visa (RI-1 / CR-1)" I see that it states:

"This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better then a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead)."

...From that it seems like you are automatically applying for the CR-1 when you apply for a K-3 visa. Or, at least it looks like you can apply for both and see which one comes through first and go with that. Maybe I'm reading it wrong and misunderstanding completely.

**Can someone please help me make sense of this? (Sorry if I'm asking stupid questions here, I've been reading too much and I'm just confusing myself more and more.) ** ...I didn't even see the forms for the CR-1 visa.

Thanks again guys, I really appreciate all the help.

Canadian_Butterfly

[CutienPurg 0]

The likeliest scenario will be that once your petition for the K-3 is received, both the I-130 petition and the I-129F will be sent to the same service center to be processed together. More than likely they will also be approved together. Once they are approved, unless you clearly indicated that you wish for consular processing of the I-130, the USCIS will retain the I-130 petition and it will be held at the National Benefits Center(until AOS), the I-129F will be forwarded to the NVC and then on to the appropriate consulate/embassy for K-3 processing. If you decide you would like consular processing of the I-130 after approval, resulting in a CR-1 visa AND you discover it has been retained , you may then file an I-824 requesting your approved petition be forwarded to the NVC. The I-824 comes with a cost of $200.00 and an unknown wait time for processing. It is only after receiving an approval on the I-824 that you may proceed with consular processing of the I-130.

I want to emphasize that this is the likeliest scenario based on the information Ive seen on this board. Nothing is 100%.

Good Luck and Welcome!!!

[Peikko 1,575]

No matter what choice you make, you have to file the 1-130. Once that is filed you 'can' opt to also file the 1-129f (K3)

Both applications will move along similtaneously. What is not clear is how quickly each one will go through the system.

At one time, the CR-1 was so slow compared with a fiance visa, the K3 was introduced because it did seem very unfair that a spouse could not enter the USA while a fiance could.

Now, these time lines are less clear and other aspect could influence your choice.

The CR-1 is not a visa, it's the green card so obviously, once you have that then your spouse can work/apply for driving licence etc etc. The K3 is a visa that you use to wait for your AOS process, or as some have done, the CR-1 process.

The 1-130 is the application for the CR-1.

I hope this makes it a little clearer.