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

[TWISTIE 30]

3 hours ago, Lucky Cat said:

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.

Sorry but you are not correct at all in your opinion as well.  I know that USCIS shift and transfer cases to other service centers but very rarely...its not a norm for them..and most cases are decided based on geographical location. That’s why different service centers are there than just one centralize service center. Besides, its too much of the risk to take in thinking that they might transfer my case to another service center so to think it will be processed quickly....

 

Yes, I have reached my decision based but based on my own facts and my own thinking than hypothetical theories from you...K-3x were used to administratively closed by USCIS because I-130 used to get processed prior to that since until recently I-130s were not taking that long to process...but now when it says that it will take 20-25 months then there is no way in this whole world that I-129f could be closed out prior to I-130....and if k-3 would get closed out, yet still its ok because you have nothing to lose anyway. But don’t you would go for the best option available for yourself to cut down the processing time?? I mean, what am I loosing over here? Its not that I will be paying another fees for I-129F? Its all about an attempt to speed up the process at USCIS level...Would you wait more than 2 yrs to get your I-130 to be processed or 6-8 months to get your I-129F?? Govt. has already put their processing time on their site...not for fun, right? If 19-20 difference then it would have been ok, but we are talking here difference of more than 3x processing time...

[Boiler 45,898]

I have asked a Mod to close the thread as it has gone its course.

[TWISTIE 30]

11 hours ago, Villanelle said:

@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.

People could board both trains together and simultaneously at the same time as I-130 and I-129f could be filed together. Secondly, I-130 is not taking one year in my jurisdiction, rather its saying that its taking more than 2 yrs to process. And I-129f is saying to be taking 6-8 months...Going by the fact on this timeline from govt. site how I-129f could be administravely closed down when I-130 doesn’t seem to be processed before that...Again, I am going based on govt. info on this processing time. Do you think govt. posted all these processing time just for a kick?? Obviously, my decision is based on their information. If the processing time for I-130 would have been shorter then I wouldn’t have thought of k-3 like I didn’t previously when I filed for my ex..

 

All these available data and info on k-3 pertained prior to a few month...In last 4-5 months equation has changed...again, not prior to covid, rather in last 4-5 months I have said...because during covid especially last year whole world was closed...people were not thinking about immigration...Those who already filed, have had no other choice technically...and those who were prospectus applicants then they don’t know what to do as they were hoping covid to be over ...but now in 4-5 months things have been different...now its clear that backlog is substantial and k-3 is the only viable option. There is no any latest data available on k-3 when things seem to have changed the whole equation. All these data...talks...analysis means nothing because they were prior to 4-5 months when things were different...but now things are totally different...In the last, what would I loose if they choose to close down k-3 later somewhere at the processing?? Am I loosing anything? 

[JeanneAdil 6,606]

45 minutes ago, TWISTIE said:

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...

and if you apply for K3 immigration will change it to a CR1 

 

If you don't believe us, then maybe believe USCIS who is saying it takes less time to adjudicate the I 130 for CR1 than the K3

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

 

You can go which ever way you want,  but again,  none of the petitions are fast and India is notably slow for the additional security checks done after the interview.

 

Expect any of the petitions to go over a year and a half to interview

Edited August 8, 2021 by JeanneAdil

[millefleur 5,047]

**OP has been given thorough advice on the matter and the topic has run its course. Thread to remain locked due to the fact that OP has reached their decision. Do not restart this thread elsewhere.**

 

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