K3 - lots of questions!!

[super 0]

hi there

I am only just starting to investigate and realise how time consuming this visa application process is.

I was born in the US but left when I was only 3. I have lived in Australia since and my husband is also an Australian and we were married 4 months ago.

Right now we are living in China but plan to move to the States to live in the near future.

We will be here for at least a year or so before we return home or go somewhere else.

Just wondering a few things.

* What is the difference between K3 and IR1? I don't understand.

* Do we need to / can we only apply if we are living in the US ? (or just me). Can we apply from Shanghai?

* If he gets work in the States and a company sponsors him, is it easier/quicker for him to get the K3?

* Once you get the K3 how many years can you live in the US for? Can you leave and reenter the country during this time period?

* How long rougly does it take to get once you lodge the application?

* I am not currently working so is this a big hindrance?

If you were me, what would be the first things you would find out, or steps to take?

Thanks for your help and advice.

[pushbrk 13,114]

hi there

I am only just starting to investigate and realise how time consuming this visa application process is.

I was born in the US but left when I was only 3. I have lived in Australia since and my husband is also an Australian and we were married 4 months ago.

Right now we are living in China but plan to move to the States to live in the near future.

We will be here for at least a year or so before we return home or go somewhere else.

Just wondering a few things.

* What is the difference between K3 and IR1? I don't understand.

* Do we need to / can we only apply if we are living in the US ? (or just me). Can we apply from Shanghai?

* If he gets work in the States and a company sponsors him, is it easier/quicker for him to get the K3?

* Once you get the K3 how many years can you live in the US for? Can you leave and reenter the country during this time period?

* How long rougly does it take to get once you lodge the application?

* I am not currently working so is this a big hindrance?

If you were me, what would be the first things you would find out, or steps to take?

Thanks for your help and advice.

K3 visas are for people who want to make their permanent residence in the US. You say you only want to be in the US a year or so. Since your husband is Australian, he doesn't need a visa to enter the US. If he wants to work here, I would look into what it takes for an Australian to work in the US.

If US permanent residence is your actual goal, then yes, you can file for a CR1 visa directly with a Consulate in China. That would actually faster and more permanent than the K3.

Do you have a US passport?

[super 0]

K3 visas are for people who want to make their permanent residence in the US. You say you only want to be in the US a year or so.

Do you have a US passport?

Sorry if you misread my msg. I meant we will be in China for a year before we leave. We are in China right now.

yes I have a US passport and it is current.

sorry I still dont understand the difference between CR1 and K3??

Edited June 14, 2007 by super

[Tareq 0]

sorry I still dont understand the difference between CR1 and K3??

The main difference between CR1 and K3 is that CR1 is an "immigrant visa" while K3 is a non-immigrant visa. You are required to apply for a CR1 (by filing Form I-130) before you can apply for K3 (by filing Form I-129F).

Please see the visa guides here at VJ to better understands the pros and cons for each visa type.

http://www.visajourney.com/forums/index.ph...mp;page=compare

In a nutshell, a K3 visa allows a person to enter the US (as a non-immigrant) but with the intent to adjust status from non-immigrant K3 to that of a permanent resident (by filing Form I-485) once in the US. So the non-US citizen spouse can enter the US while the I-130 application (for CR1) gets approved (instead of waiting overseas).

In your specific situation while you are not in the US and will live in China for another year, the best (and probably the fastest) option for you would be DCF (Direct Consular Filing). Check out the link (above) for more info on DCF.

K3 visa holders can travel in and out of the US without any restrictions, however, keep in mind that the purpose of the visa is to allow intending immigrant to enter and wait in the U.S. while I-130 gets approved so they can adjust status to permanent resident.

Edited June 14, 2007 by Tareq

[NikkisPrecious 0]

I think a CR1 is if you have been married less than 2 years and IR1 if you been married over 2 years.. can someone confirm?

[pushbrk 13,114]

K3 visas are for people who want to make their permanent residence in the US. You say you only want to be in the US a year or so.

Do you have a US passport?

Sorry if you misread my msg. I meant we will be in China for a year before we leave. We are in China right now.

yes I have a US passport and it is current.

sorry I still dont understand the difference between CR1 and K3??

I see. I thought since you left the US at age three, "home" was Australia. If you are married and living in Shanghai, the first thing I would do is to determine whether you qualify to file a petition directly with a Consulate in China, that would result in a CR1 visa.

You say you are not currently working, but do you have resident status in China? Your qualification for DCF will depend on you current status in China.

If no DCF, then yes you can initiate the process by filing petitions from China but you'll do so with a service center in the US. In either event, you'll need to establish a US domicile before his visa interview. You have some time to learn about that.

For discussion clarity, you, the USC begin the process by filing a petition. Later, after your petition is approved, your husband will apply for a visa.

[elmcitymaven 9,712]

I think a CR1 is if you have been married less than 2 years and IR1 if you been married over 2 years.. can someone confirm?

Yes, that's correct. The 2 years is counted from the date of entry to the States, and not the date of application or approval of the visa, I seem to recall. The IR1 gives the immigrant spouse a 10-year green card, and the CR1 will give a 2-year green card (after which time you will need to lift conditions, resulting in a 10-year green card).

[pushbrk 13,114]

I think a CR1 is if you have been married less than 2 years and IR1 if you been married over 2 years.. can someone confirm?

Yes, that's correct. The 2 years is counted from the date of entry to the States, and not the date of application or approval of the visa, I seem to recall. The IR1 gives the immigrant spouse a 10-year green card, and the CR1 will give a 2-year green card (after which time you will need to lift conditions, resulting in a 10-year green card).

You are confusing potentially three different two-year periods.

1. If, at visa issue date, the couple has been married two years, the visa is an IR1. Less than two years, CR1 visa.

2. If the couple has been married two years before US entry on a CR1 visa, the green card is 10 years.

3. If the immigrant visa holder enters on a CR1 before the second anniversary of marriage, they get a conditional, two year green card. That's the two years that begins on US entry. You then file to remove the conditions within the 90 day period preceding the second anniversary of US entry.

I think the OP is asking about the difference between CR1 and K3.

[super 0]

I see. I thought since you left the US at age three, "home" was Australia. If you are married and living in Shanghai, the first thing I would do is to determine whether you qualify to file a petition directly with a Consulate in China, that would result in a CR1 visa.

You say you are not currently working, but do you have resident status in China? Your qualification for DCF will depend on you current status in China.

If no DCF, then yes you can initiate the process by filing petitions from China but you'll do so with a service center in the US. In either event, you'll need to establish a US domicile before his visa interview. You have some time to learn about that.

For discussion clarity, you, the USC begin the process by filing a petition. Later, after your petition is approved, your husband will apply for a visa.

Thanks for your advice. The more i read the more confused I get , haha.

Yes, "home" has always been Australia. I have not lived in the US since I left at age 3.

We both have resident status. We can live here for 1 year, and after that it can be renewed if need be.

My husband has a working visa too but I don't (and I'm not working).

I'm still not entirely sure what the difference between CR1 and DCF is? But since my case is a little unusual in that we are not living in our "home" town OR the US, .. we need to do a DCF?

So I should consult the consulate in Shanghai to file a DCF??

How long do you think this will take?

We don't need it in a hurry since we won't be moving to the US till maybe 18 months - 2 years from now..

Thanks.

[pushbrk 13,114]

I see. I thought since you left the US at age three, "home" was Australia. If you are married and living in Shanghai, the first thing I would do is to determine whether you qualify to file a petition directly with a Consulate in China, that would result in a CR1 visa.

You say you are not currently working, but do you have resident status in China? Your qualification for DCF will depend on you current status in China.

If no DCF, then yes you can initiate the process by filing petitions from China but you'll do so with a service center in the US. In either event, you'll need to establish a US domicile before his visa interview. You have some time to learn about that.

For discussion clarity, you, the USC begin the process by filing a petition. Later, after your petition is approved, your husband will apply for a visa.

Thanks for your advice. The more i read the more confused I get , haha.

Yes, "home" has always been Australia. I have not lived in the US since I left at age 3.

We both have resident status. We can live here for 1 year, and after that it can be renewed if need be.

My husband has a working visa too but I don't (and I'm not working).

I'm still not entirely sure what the difference between CR1 and DCF is? But since my case is a little unusual in that we are not living in our "home" town OR the US, .. we need to do a DCF?

So I should consult the consulate in Shanghai to file a DCF??

How long do you think this will take?

We don't need it in a hurry since we won't be moving to the US till maybe 18 months - 2 years from now..

Thanks.

CR1 is a Visa. DCF is a way of filing the petition. It means Direct Consular Filing. Those of us in the states, file our petitions with Service Centers in the US. You would be filing an I-130 petition with the USCIS office at the Shanghai Consulate. Later the case would be transferred to Guangzhou for Consular processing of your husband's visa application He'll be appying for a CR1 visa.

For more China specific help, DCF or otherwise, I suggest you also check out http://www.candleforlove.com

Please tell them I sent you.

If you have a residence permit, you qualify for DCF but you can check with the Consulate directly for confirmation.

Edited June 15, 2007 by pushbrk

[Reba 2]

I will add also that the primary difference between K3 and CR1/IR1 visas is that upon entry with a CR1/IR1 the person can seek work. With a K3, you have to apply separately, after entry, for the employment authorization document, which usually takes about 90 days to receive. So if finding a job immediately upon arrival is important, the CR1/IR1 is your best bet.

As the USC half in this scenario is not currently working, nor has domicile or job in the US, you'll want to read over the instructions for the Affidavit of Support, and find yourselves a joint sponsor in the US. Unless you have a job lined up for yourself, or are independently wealthy with income from other means.