cr-1 vs AOS

[KaynUSA 0]

Hi everyone, well my husband is here in the US on a K-3 visa now, but we just got approval for the cr-1 and now they are wanting me to send his birth certificate and our marriage documents to NVC. I am confused because I have heard that if we go for the AOS it could take years before he recieves his greencard. His K-3 is good for the next two years. Has anyone gone back to their country and finished the cr-1 or do most people just start over with the AOS here in the USA? I am worried that if he goes back and they deny his CR-1 for whatever reason, he wont be able to come back here to the US. But then again, the prospect of waiting two years or more for aos, doesnt sound appealing either. I have read on other sites that if we accepted the k-3 , we are obligated to do the AOS here in the USA. Will they hold it against us if we continue with the CR-1 ? I feel that we are really punished because we are married, seems that K-1 visa holders are treated better. If anyone has been thru the AOS or the Cr-1 process...please let me know which way was quickest and which way was less stressful. If you took the Cr-1 how long did you have to stay before they mailed you your greencard? How long would he have to be in his native country before returning to the US?

[CutienPurg 0]

you're certainly not obligated to do AOS although I think you have a valid concern about denial. To me it begs the question; if they issued the K-3 without problems , what problems would arise to call for denial of the Cr-1.? I would imagine it can happen but for what reason? The amount of time he would have to stay in his home country would depend on the process at the particular consulate. If he's approved it may just be for the amount of time it takes to process the visa and mail it or have it ready for pickup..... seems those numbers could be obtained using the timelines.

On a personal note , we chose the option of going back to Canada for the CR-1 interview. We felt it a better risk than being held up up in namecheck hell. Either option has it's risk I suppose. Namecheck hell keeps you stuck in limbo but at least you're together. Consular processing of the CR-1 avoids limbo but threatens a separation.

I wish I had a definative response here but it really ends up being a matter of personal risk assessment.

Good Luck

[pushbrk 13,044]

you're certainly not obligated to do AOS although I think you have a valid concern about denial. To me it begs the question; if they issued the K-3 without problems , what problems would arise to call for denial of the Cr-1.? I would imagine it can happen but for what reason? The amount of time he would have to stay in his home country would depend on the process at the particular consulate. If he's approved it may just be for the amount of time it takes to process the visa and mail it or have it ready for pickup..... seems those numbers could be obtained using the timelines.

On a personal note , we chose the option of going back to Canada for the CR-1 interview. We felt it a better risk than being held up up in namecheck hell. Either option has it's risk I suppose. Namecheck hell keeps you stuck in limbo but at least you're together. Consular processing of the CR-1 avoids limbo but threatens a separation.

I wish I had a definative response here but it really ends up being a matter of personal risk assessment.

Good Luck

I concur. You are the ones that best know your case and circumstances including any known risk factors. It's a judgment call. No, you are not obligated to chose AOS instead.

[MPGGPM 0]

Hi everyone, well my husband is here in the US on a K-3 visa now, but we just got approval for the cr-1 and now they are wanting me to send his birth certificate and our marriage documents to NVC. I am confused because I have heard that if we go for the AOS it could take years before he recieves his greencard. His K-3 is good for the next two years. Has anyone gone back to their country and finished the cr-1 or do most people just start over with the AOS here in the USA? I am worried that if he goes back and they deny his CR-1 for whatever reason, he wont be able to come back here to the US. But then again, the prospect of waiting two years or more for aos, doesnt sound appealing either. I have read on other sites that if we accepted the k-3 , we are obligated to do the AOS here in the USA. Will they hold it against us if we continue with the CR-1 ? I feel that we are really punished because we are married, seems that K-1 visa holders are treated better. If anyone has been thru the AOS or the Cr-1 process...please let me know which way was quickest and which way was less stressful. If you took the Cr-1 how long did you have to stay before they mailed you your greencard? How long would he have to be in his native country before returning to the US?

It's your call, as everyone has said................as to whether you want to take the chance and have him go back, (although as others have said, if he was already approved for the K-3, I would think he'd be okay)................... ..but I can help you a bit to give you a better understanding of how long, if you stick with the CR-1 route, that you will have until the actual interview in Ankara.

You said you got "approval" for the CR-1 and you are at the NVC stage now. If you are at just the beginning of the NVC stage, then you will be looking at around approximately 4-5 months until your interview in Ankara.

If you make yourself the "agent", then I don't see why he'd have to be separated from you long at all. The NVC will send you all the forms, fee bill, etc.....and since he's already here, it might even go quicker than mine did, because he will be here to sign everything he needs to, and you don't have to spend time FEDEX'ing everything to Turkey.

When it finally comes time to do the interview, we were given about 2 weeks notice prior to the interview, of the date. (some get theirs even earlier) That should be more than enough time for you to make plans and reservations.

He will most likely have to do the medical in Turkey, since the Embassy has an approved list of doctors,( all in Turkey) but that can be done just a few days before the interview. My wife's interview was on a Wednesday, she had her medical the Thursday prior. Your husband must have relatives in Turkey, so I would think he could stay with them for the few days prior to the interview, and the days after . You could probably also use their address as the "foreign address", which will be where they Embassy will send the visa once he is approved. That takes, from everything I have read, 3-5 business days under normal circumstances.

Basically, I would imagine the amout of time he will actually have to be in Turkey, to be about 1-2 weeks. That depends, of course, on the outcome of the interview, and how things go while there.

Edited April 9, 2007 by MPGGPM