Which route is faster or better- K-1, K-3 or CR-1?

[Villanelle 4,122]

@TWISTIE 

 

You seem to be missing a very big piece of what was explained on page 1 of this thread so I'm going to try to explain it to you a different way. 

 

You can and should file the k3, it may shorten the process BUT and this is a big but and where you are getting confused- it most likely won't be approved.  Now i know that's confusing and sounds contradicting. Im saying you should file it and it may help but also saying it wont be approved? Yes. Let me explain. 

 

As others have explained and you seem to know:you need to first file the 130. They will begin processing it. It will take about 1 yr apx to make its way through the system and be approved.  Immediately after filing the 130 you file the k3. Think of them as 2 trains on 2 different tracks. They move independently of each other. 130 train will take 1 yr. The k3 train may take less, lets say 5 months. So at 5 months when the k3 gets to the end and the Officer sees you also have a 130 train still chugging along policy tells them to approve the 130 instead of the k3. This would result in your 130 being approved sooner than it would be if it's the only train. 

 

The reason the statistics only show a handful of k3s is not because they aren't being filed. They are! It's because only a handful of Officers for whatever reason chose not to follow policy and approved the k3 instead of the 130 CR.

 

Does that make sense? 

 

When the processing times for k3 and 130 are similar its not helpful to file the k3. When they are drastically different and the k3 is shorter then YES it can be helpful to file it. But make no mistake the k3  will most likely not be approved. You should plan on moving forward with the CR as they will close the k3 in favor of it.

[nelmagriffin 151]

Greetings!

I would highly recommend CR1. Less hassles with papers and applications once here in the USA.

[millefleur 5,047]

**Four non-contributory posts removed along with 2 replies quoting said posts. Please keep to the topic at hand so as not to derail the conversation off topic.**

 

VJ Moderation

Edited August 8, 2021 by millefleur

[millefleur 5,047]

2 hours ago, TWISTIE said:

I think people are awaking now or realizing only lately that K-3 is the only viable option for them to speed things up...

So, just to understand, the plan you are referring to is the one @Villanelle mentions, which is:

 

1 hour ago, Villanelle said:

Immediately after filing the 130 you file the k3. Think of them as 2 trains on 2 different tracks. They move independently of each other. 130 train will take 1 yr. The k3 train may take less, lets say 5 months. So at 5 months when the k3 gets to the end and the Officer sees you also have a 130 train still chugging along policy tells them to approve the 130 instead of the k3. This would result in your 130 being approved sooner than it would be if it's the only train. 

I mean, sure, you can absolutely do that if you want. When myself and others here mentioned the K-3 being dead, we mean most likely you will not actually end up with a K-3 visa, but a CR-1 one as that is what will be approved. But by all means, if you want to file 2 petitions, go for it. Keep in mind you need to get married first, and you referred to your fiance in your first post, so the marriage would need to take place, and then you can file on this path with the "two trains" as Villanelle calls them.

 

Oh, and according to the DOS website itself:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#4

 

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

[Lucky2Lucky 2,526]

5 hours ago, TWISTIE said:

 Why do you think K-3 has been dead for years?? We all know why...right...but that was BEFORE covid...but AFTER covid this is only viable option for people to speed things up...I am not talking K-3 in respect to prior to covid...Thus, it doesn’t matter if it was dead or alive before, but NOW...AFTER covid this is the only viable option seems like it...I would like to discuss this option of K-3 post covid when backlog has piled up and things have slowed down so much at every level of govt. like at USCIS, NVC, and at consulate. BEFORE covid, k-3 was dead because k-1 and cr-1 used to process way quicker than this k-3..that’s why it was dead....but now k-3 could process quicker that CR-1 (for sure, given govt. processing time) and it could be faster than k-1 as well...What do you say?

If you are so certain then file the k3 and come back and let us all be amazed at your success. Your wife won’t work or travel as you said but if she has a family emergency is she okay with not being there for her family or saying goodbye to someone before they die? That’s a drawback of k1. 

[Nasirlahore 28]

Go for option  #3 bro, it will save you lot of money and time,plus even if you get k1 visa you still be in lot of pain for next two to three years.cr route  is best .

[HRQX 4,145]

1 hour ago, Luckycuds said:

Your wife won’t work or travel as you said but if she has a family emergency is she okay with not being there for her family or saying goodbye to someone before they die?

Just a note that AOS from K-3 is not abandoned when leaving the US without AP (but as already mentioned, actually getting the K-3 is extremely rare); 8 CFR § 245.2(a)(4)(ii)(C) : "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."

 

Also, the K-3 allows multiple entries during it's 2 year validity. https://www.visajourney.com/guides/marriage-visa-comparison/ "the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa."

[carmel34 3,650]

After months of extensive research on how to bring a foreign fiancé/fiancée or spouse to the US through the various immigration options you are asking about, my husband and I concluded that CR-1 was the best by far.  None of the options are "quick," especially in the COVID environment.  Good luck whatever you decide to do!

[Crazy Cat 42,032]

11 hours ago, TWISTIE said:

You are correct that there has NOT been a K-3 Issued since March 2020, but its because people were NOT filing it.

Incorrect.   We have seen K-3s administratively closed by USCIS.  The I-129F is closed, while the I-130 is processed, resulting in a CR/IR-1 visa.   The service center which processes your I-130 will be determined by USCIS (not based on your geographical location).  In addition, USCIS can (and does) routinely transfer cases to other services centers based on their internal policies and work load.  You seem to have reached your decision based on something other than the facts.  I suggest you reread this entire thread.  Good luck.

Edited August 8, 2021 by Lucky Cat

[Villanelle 4,122]

Also just FYI @TWISTIE here is the link to how processing times are calculated https://egov.uscis.gov/processing-times/more-info

 

The processing times are an estimation and as explained above they are constantly changing. VSC tends to have the longest ones because VSC is home to the Officers who process AWA and other difficult cases. It causes their numbers to be higher but that's what happens when you calculate using the formula described in the link. Those cases though are processed by a dedicated team so their slower pace really doesn't impact the speed of the rest of VSC. 

 

USCIS also frequently does a bit of shuffling around to keep the numbers even regarding processing times. They also seem to occasionally use a 'trick' of randomly approving more recently filed petitions because it will impact the numbers favorably. No one really knows the internal bureaucracy that goes on beside those in charge but statistics are a huge part of the government and they do manipulate them different ways for different reasons.  Perhaps higher numbers means they can offer overtime or higher more workers? I don't know. Perhaps related to COVID if they show higher numbers they can get some kind of benefit from congress. Again who knows. It is what it is. Expedites are available for those who qualify and every one else just needs to wait. Patience is key with immigration. 

[Lucky2Lucky 2,526]

2 hours ago, HRQX said:

Just a note that AOS from K-3 is not abandoned when leaving the US without AP (but as already mentioned, actually getting the K-3 is extremely rare); 8 CFR § 245.2(a)(4)(ii)(C) : "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."

 

Also, the K-3 allows multiple entries during it's 2 year validity. https://www.visajourney.com/guides/marriage-visa-comparison/ "the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa."

Thank you I did not know that for k3. I should have referenced the k1 for that part of my comment as OP said travel wouldn’t be needed.

[JeanneAdil 6,606]

CR1 if you have already met your fiancee and have ability to marry

 

if you google the question "how do i file K3 visa?" 

the following answer pops up from May 26, 2021

 

 

 

Is The K3 Visa Still Available? The K3 has been out-of-date for several years. People who submit a K3 nonimmigrant visa petition will likely have their petitions changed to the CR1/IR1 Immigrant Visa.May 26, 2021

 

And you are asking about fast from a county that is not fast as most go into long AP for security checks after the interview as India has poor records on individuals 

 

In the long run here unless it is a low fraud country,   most of us prefer the CR1 as its far superior

As you said some friends were denied a K1

and now if they want to continue with their American fiancee ,  they will need to marry and go that route adding substantial time to a visa

and many embassies give spouse visa priority for interview at this time

 

But whichever way you go,  fast Or quickly,  is not going to happen unless you move to India for be with her

[TWISTIE 30]

9 hours ago, nelmagriffin said:

Greetings!

I would highly recommend CR1. Less hassles with papers and applications once here in the USA.

Thank you so much. You are right that this route would be less hassles once here in the US, but the only problem seems to ME is a veryyy long time waiting to arrive in the US given the processing time on govt. site...Do you think those processing time might be wrong..perhaps?? How come it could be 2 yrs processing time only for I-130? I have been here for 30 yrs and have personally seen thousands of my friends and family to have gone thru all this so many times...not even one time I-130 took 2 yrs to process...I-485 used to take long, but not I-130...and back then when fees for this petition used to be only $80 or less...govt increased fees over the years especially back then to justify to clear up backlog and streamline the whole processing...hired thousands of 3rd parties contractors like those in various lockdowns and new hiring of adjudication...that’s why until a few yrs back I-130 used to take only 4-5 months because I did it for my ex a few years ago...but now their site is saying that it will take 2 yrs?? That’s unbelievable...I thought this delay in processing is because of covid but people have said over here that their petition/case took this long even before covid...I think its time for people to write to govt...filing lawsuits..like how thing was back in days...to make govt. do their job on time. Can’t use covid as a reason to this much delay...if they are getting paid on tax-payers’ money...

[TWISTIE 30]

1 hour ago, JeanneAdil said:

CR1 if you have already met your fiancee and have ability to marry

 

if you google the question "how do i file K3 visa?" 

the following answer pops up from May 26, 2021

 

 

 

Is The K3 Visa Still Available? The K3 has been out-of-date for several years. People who submit a K3 nonimmigrant visa petition will likely have their petitions changed to the CR1/IR1 Immigrant Visa.May 26, 2021

 

And you are asking about fast from a county that is not fast as most go into long AP for security checks after the interview as India has poor records on individuals 

 

In the long run here unless it is a low fraud country,   most of us prefer the CR1 as its far superior

As you said some friends were denied a K1

and now if they want to continue with their American fiancee ,  they will need to marry and go that route adding substantial time to a visa

and many embassies give spouse visa priority for interview at this time

 

But whichever way you go,  fast Or quickly,  is not going to happen unless you move to India for be with her

I understand what you and others have been saying about k-3 visa...that its been out of date for several years...its dead...its totally non-existence in last many years...etc..etc..etc...and I completely agree with all of you. However, please try to understand that all these factual things about k-3 visa were because nobody was going thru k-3 visa because k-1 and CR-1 were much faster and less hassle free options until recently..then why would anyone choose for K-3?? I myself didn’t choose k-3 route when I filed for my ex previously just a few years back...its just only now the whole equation has been changed on the processing time...The processing time for I-130 alone for CR-1 in my jurisdiction now is taking 2 yrs or more...and that’s what is making me to explore more better option to speed up the process a bit faster...and k-3 is the only viable option seems to ME...

 

And you are right that people could stuck in AP for long time, but this could happen with anyone in any country...not only in countries which are known for fraud but to any country as AP is related to many things...My whole idea about k-3 is moving the case faster from US at least...nobody has control over consulate processing time...whether its k-1, CR-1 or K-3 once its in the hand of consulate....Over there I have no control or option, but at least I have an option over here...

 

And moving to India with her, then I believe you didn’t read my posting well enough...I was looking to discuss options to bring her to US as quick as possible...It was not about me moving there to be with her..Thanks for your input...

[nelmagriffin 151]

Greetings!

I can safely say that i highly recommend CR1 visa as I was a K3 beneficiary myself. Keeping documents and  dates is a big hassle versus entering as legal permananet visa holder.

With regards as to how long is the processing for Cr1. I have high hopes that it can go faster once everything will comes back to normal.

Best regards NG

Edited August 8, 2021 by nelmagriffin