k3 vs IR1/CR1

[reza30 2]

what are the advantages and disadvantages about k3 vs IR1/CR1? can we get married and live together overseas as the process is going for any of these? any less stress on finical support or all are the same?

thanks

Edited October 31, 2017 by reza30

[NikLR 13,227]

K3 is obsolete. Less than .1% are granted. They're an inferior visa anyhow that save at most a few months for a visa (twice as long to greencard) and cost twice as much.

Regardless the financial support is the same. 

You can always live overseas understanding the issues involved. 

[EandH0904 1,184]

The K3 is no longer a thing. 

The CR1 is for those couples married less than 2 years, the IR1 is for couples married longer than 2 years. If you file CR1 and then during the process you hit your 2 year mark it will automatically go to an IR1. 

 

You can live with your spouse while you are married in their country and file the CR1 paperwork if you have a US domicile, and can find a joint sponsor for you. 

Some countries do Direct Consular Filing, which takes less time too. 

 

It would help if you fill out your profile and timeline - you said you are filing for K1 right now. By filing out your profile and timeline, you can connect with others from the country you are involved with, which will help responders know if you can do the DCF etc. 

[reza30 2]

1 minute ago, EandH0904 said:

The K3 is no longer a thing. 

The CR1 is for those couples married less than 2 years, the IR1 is for couples married longer than 2 years. If you file CR1 and then during the process you hit your 2 year mark it will automatically go to an IR1. 

 

You can live with your spouse while you are married in their country and file the CR1 paperwork if you have a US domicile, and can find a joint sponsor for you. 

Some countries do Direct Consular Filing, which takes less time too. 

 

It would help if you fill out your profile and timeline - you said you are filing for K1 right now. By filing out your profile and timeline, you can connect with others from the country you are involved with, which will help responders know if you can do the DCF etc. 

i was going to file for k1 and use my brother as co sponsor but i changed my mind ( due to many problems that occurred recently) my plan now is get married and stay there together and come back here, the whole is causing me too much stress and i was going to give up but i talked to her today and decided to get married and wait for visa if possible

[C-ma'am 684]

**Post moved from K1 to CR1 for assistance with processes on Spousal Visa

[Unlockable 7,314]

37 minutes ago, reza30 said:

i was going to file for k1 and use my brother as co sponsor but i changed my mind ( due to many problems that occurred recently) my plan now is get married and stay there together and come back here, the whole is causing me too much stress and i was going to give up but i talked to her today and decided to get married and wait for visa if possible

Sounds like the CR1 is your your only option. Roughly 12 - 14 months.

Please review the guides for help. http://www.visajourney.com/content/guides/ 

 

Good luck.

[EandH0904 1,184]

47 minutes ago, reza30 said:

i was going to file for k1 and use my brother as co sponsor but i changed my mind ( due to many problems that occurred recently) my plan now is get married and stay there together and come back here, the whole is causing me too much stress and i was going to give up but i talked to her today and decided to get married and wait for visa if possible

If you are having problems and under stress about the situation, perhaps its best if you not rush into anything. Long distance relationships are hard on all of us who have been involved in them. Moving to another country adds a whole new level of stress - job insecurities, completely different situation, missing friends/family - this will be difficult for a very long time and you have to really be committed to go through it all. 

[MyJourney 276]

AFAIK, there is no filing fee for K3....it is supposed to help the married couples stay together in the US while their CR (conditional relative) or IR (immediate relative) petitions. 
The only downside is that it is not always (well, very rarely) serving its purpose since the processing times are about the same as the CR/IR petitions....
I may be wrong, if so, I would love to see a proof that K3 is discontinued/obsolete. 

[reza30 2]

10 minutes ago, MyJourney said:

AFAIK, there is no filing fee for K3....it is supposed to help the married couples stay together in the US while their CR (conditional relative) or IR (immediate relative) petitions. 
The only downside is that it is not always (well, very rarely) serving its purpose since the processing times are about the same as the CR/IR petitions....
I may be wrong, if so, I would love to see a proof that K3 is discontinued/obsolete. 

 Form I-130 costs $535

[geowrian 22,337]

1 hour ago, MyJourney said:

AFAIK, there is no filing fee for K3....it is supposed to help the married couples stay together in the US while their CR (conditional relative) or IR (immediate relative) petitions. 
The only downside is that it is not always (well, very rarely) serving its purpose since the processing times are about the same as the CR/IR petitions....
I may be wrong, if so, I would love to see a proof that K3 is discontinued/obsolete. 

There's no additional fee in that the I-129F can be filed using the I-130's NOA1 instead of payment (from the instructions: "There is no fee for Form I-129F petitions for classification of an alien as a spouse of a United States citizen.").

K-3 entrants would also typically go through AOS just like K-1 applicants, which is an extra $1225.

 

I'm not sure what counts as "proof" of it being obsolete. It's still on the books until the law changes. You can just look at the many, many cases of it happening with no recent success stories, many reputable sources stating this, and the DOS data on the number of K-3s issued over the years.

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

 

There were 102 K-3s issued in the most recent fiscal year published...versus the 133,465 IR-1 + CR-1 visas issued in the same year

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2016AnnualReport/FY16AnnualReport-TableXVIB.pdf

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2016AnnualReport/FY16AnnualReport-TableII.pdf

Edited October 31, 2017 by geowrian

[MyJourney 276]

So the bottom line is, there is no additional fee involved (not counting the super-expensive AOS which is a very likely scenario). It is technically not "obsolete". You can still file it at no additional cost. However, you may likely to obtain your cr/ir immigrant status before k3, which kind of beats the original purpose of k3...

[NikLR 13,227]

It is USCIS policy to adjudicate both parts of a K3 petition together.  The I-130 and I-129F.  

It is NVC policy to close an approved I-129F if it reaches the NVC at the same time or after the I-130. 

Over 99% of K3 visas are closed either at the USCIS or NVC and occasionally by a consulate or embassy.  

The K3 route will save time at the NVC as it is treated like the K1.

The beneficiary must AOS to get a green card however, making the K3 twice as expensive as the CR1 and often twice as long to green card if the AOS takes a year.  It very rarely issued and was put on the books when an I-130 would take several years to adjudicate.  

Policy procedures, inferior visa capability, and lack of saving any time makes the K3 obsolete.  There is no point in even trying unless the I-130 is in a black hole.  

 

Obsolete does not only mean never used, it means out of date, replaced by something better... 

[Cyberfx1024 7,980]

1 hour ago, MyJourney said:

So the bottom line is, there is no additional fee involved (not counting the super-expensive AOS which is a very likely scenario). It is technically not "obsolete". You can still file it at no additional cost. However, you may likely to obtain your cr/ir immigrant status before k3, which kind of beats the original purpose of k3...

You are right about it being "technically not obsolete" but in the whole year last year there was only 132 issued worldwide according to the USCIS website. So 99.9% of the time it will just revert to the CR1 petition. 

[Ahmed&Freda 628]

On 10/31/2017 at 9:29 AM, reza30 said:

what are the advantages and disadvantages about k3 vs IR1/CR1? can we get married and live together overseas as the process is going for any of these? any less stress on finical support or all are the same?

thanks

You still have to file a I130 before you can submit the i129F.  I have not seen any k3s that have been approved before the i130 even though its technically still an option it likely will be closed once your i130 is approved (that's what happened in my case).  You can file it as it will not cost you an extra just in case it proves helpful for you but I would definitely recommend doing it yourself and NOT hiring a lawyer...not worth it the money they would charge.