CR-1 vs K-3

[Alex & Ivan 44]

Hello everyone! So I have been reading endlessly on the visa topics and which one would be the best route for me. I chose the CR-1 route but seems that the timeline is forever to get it approved but because it had better perks in the end I thought I would be able to wait out the time frame. I recently got married in Mexico this past May and my husband is currently living there while I am living here in the states. I have been reading that a lot of married couples file for the K-3 Visa and are getting a faster response rate to approval than the CR-1 but is more expensive in the long run because they have to file for an adjustment of status as well as wait for the green card to work. I also see that those with K-3 visas are also being converted to the CR-1. With the CR-1, since I have been married for less than 2 years my husband will have to file to have his conditions moved off his residency from what I understand. I guess my question is, can I file for a K-3 visa while waiting for the CR-1 approval? And would I still have to file for an adjustment of status and go through the process of the K-3 Visa or would applying for the K-3 just speed up his time to be here but still would follow the normal CR-1 process?

[piff 46]

K3 is 4-8 months faster, that is the only reason  Good luck! K-3 while waiting for CR-1 is possible, yes. Once you file I-130, then file I-129F for K-3 and that is it. They will then send it over to the Embassy

[Alex & Ivan 44]

Will this change anything with my current CR-1 application or process going forward?

[geowrian 22,337]

You can apply, but K-3 is obsolete. It's a relic from back when a CR-1/IR-1 was taking multiple years to process. The I-129F will almost certainly either be closed by USCIS when the I-130 is approved, or be closed by NVC after the NOA2. I'm not sure what you read about it, but it must have been severely outdated. The I-130 remains open and you would pursue a CR-1.

 

CR-1 is an immigrant visa...you will not file for AOS after entry. I think you're thinking of a K-1 (fiancee). You need to do ROC with either approach if you get your LPR status before the 2 year marriage anniversary.

Edited August 18, 2017 by geowrian

[Alex & Ivan 44]

I guess what I have been reading is people are filing for the I-129F? and they are getting approval a lot quicker to have their partners come to the states. But generally those are for people filing for K-3Visas (at least that is what it is showing under the processing times). But good to know that either way I will still be considered as pursuing the CR-1 and it changes nothing on that end.

[geowrian 22,337]

1 minute ago, Alex & Ivan said:

I guess what I have been reading is people are filing for the I-129F? and they are getting approval a lot quicker to have their partners come to the states. But generally those are for people filing for K-3Visas (at least that is what it is showing under the processing times). But good to know that either way I will still be considered as pursuing the CR-1 and it changes nothing on that end.

Lots of people file an I-129F (myself included), but for a fiancee to obtain a K-1 visa. There's currently only 7 active K-3s within the past year here on VJ (http://www.visajourney.com/timeline/stats.php?history=360), http://www.visajourney.com/timeline/k1list.php?cfl=&op1=3&op2=d&op3=3&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=All&dfile=No&adv=, so there's no a lot of data to go on.

 

https://rapidvisa.com/k-3-spousal-visa-still-available/

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2016AnnualReport/FY16AnnualReport-TableXVIB.pdf (102 K-3s issued last fiscal year, compared to close to 133,000 CR-1/IR-1 visas in the same period)

 

But yes, filing for the K-3 won't hurt your existing I-130, and the CR-1 path remains opens.

[Alex & Ivan 44]

17 minutes ago, geowrian said:

Lots of people file an I-129F (myself included), but for a fiancee to obtain a K-1 visa. There's currently only 7 active K-3s within the past year here on VJ (http://www.visajourney.com/timeline/stats.php?history=360), http://www.visajourney.com/timeline/k1list.php?cfl=&op1=3&op2=d&op3=3&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=All&dfile=No&adv=, so there's no a lot of data to go on.

 

https://rapidvisa.com/k-3-spousal-visa-still-available/

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2016AnnualReport/FY16AnnualReport-TableXVIB.pdf (102 K-3s issued last fiscal year, compared to close to 133,000 CR-1/IR-1 visas in the same period)

 

But yes, filing for the K-3 won't hurt your existing I-130, and the CR-1 path remains opens.

I have also read that by submitting for the I-129F it pulls your I-130  from your CR-1 application in line to begin again. Does this mean that the time will then be more prolonged since we are already 2mo into the process? Sorry for all the questions, it just seems that there are lots of different topics going around. I know that the K-3 Visa has phased out little by little yet people are still submitting for the I-129F getting them faster approval. Is submitting the i-129F a good way to go to make the process faster for him to get here or am I just wasting my time putting in the extra application :/

[geowrian 22,337]

5 minutes ago, Alex & Ivan said:

I have also read that by submitting for the I-129F it pulls your I-130  from your CR-1 application in line to begin again. Does this mean that the time will then be more prolonged since we are already 2mo into the process? Sorry for all the questions, it just seems that there are lots of different topics going around. I know that the K-3 Visa has phased out little by little yet people are still submitting for the I-129F getting them faster approval. Is submitting the i-129F a good way to go to make the process faster for him to get here or am I just wasting my time putting in the extra application :/

Unfortunately, I don't have any source to confirm or deny that theory. I have heard it as well. I know they do send the I-129F to the same service center as the I-130 to be associated with the corresponding I-130. But does it increase or reset the clock? I have no evidence to confirm or deny that, sorry.

 

It's really up to you, but the odds of getting a K-3 are incredibly low and would be, at best, only a few months faster and is more expensive. I personally would not go down that route in my circumstances. Others may (and have) choose(n) to try anyway. Sorry for the non-answer answer...I'm just not one to tell somebody what to do (so long as it's legal)...just relay the relevant info.

Edited August 18, 2017 by geowrian

[Alex & Ivan 44]

13 minutes ago, geowrian said:

Unfortunately, I don't have any source to confirm or deny that theory. I have heard it as well. I know they do send the I-129F to the same service center as the I-130 to be associated with the corresponding I-130. But does it increase or reset the clock? I have no evidence to confirm or deny that, sorry.

 

It's really up to you, but the odds of getting a K-3 are incredibly low and would be, at best, only a few months faster and is more expensive. I personally would not go down that route in my circumstances. Others may (and have) choose(n) to try anyway. Sorry for the non-answer answer...I'm just not one to tell somebody what to do (so long as it's legal)...just relay the relevant info.

Thank you

[JFH 12,190]

14 hours ago, Alex & Ivan said:

Iyet people are still submitting for the I-129F getting them faster approval. 

Where are you getting your data? In the whole world there were only 103 K-3s issued last year, as per the information geowrian posted. Not all visa applicants join this site - in fact we are a small minority of the total number here. I have yet to see an active poster here on the K-3 path. Many have tried but all the ones I have seen have been administratively closed. 

 

We all go through that desperate time of waiting and wanting to do anything and everything that might make the process faster. Eventually we all realize the only thing you can do is wait. Be patient. I promise you it will all be worth it in the end and very soon this will just be a distant memory. 

Edited August 19, 2017 by JFH

[NikLR 13,227]

I think since 2012 I've seen maybe 10 K3 make it through on VJ.  

[Ahmed&Freda 628]

I filed a i129F for a k3 visa after I received my noa1 for my i130.  Just before I received my noa2 for the i130 I received notification that my k3 was cancelled due to beneficiary receiving other benefits (meaning his i130 was approved and we were going the cr1 route).  I think it definitely doesn't hurt especially just in case your i130 processing center is behind.  My case was in Potomac so my i130 was approved first (hence the cancelling of the k3) but if I was in Nebraska (were cases are behind)  perhaps it would have come helped but I'm not certain.  

[pushbrk 12,898]

On 8/18/2017 at 3:35 PM, geowrian said:

 

But yes, filing for the K-3 won't hurt your existing I-130, and the CR-1 path remains opens.

In fact, if the I-129F for a spouse ever catches up with the I-130, the I-130 loses its place in line.  I haven't seen a K3 visa issued in years.