So at the end which one is better just the I-130 or K3?

[Stevenlatino 0]

I have read that in these days the K3 visa it's taking the same amount of time that a regular I-130 and that the requirements are almost the same so what should i do? wait for the I-130 or fill out the K3?

thanks in advance Steven

[Lance27 19]

It all depends on how fast the consulate where processing occurs is.

In Canada for instance there are 2 consulates Processing K1s and K3s but only Montreal processes CR1/IR1s

if you did your K3 at

Vancouver it takes roughly 3-4 months from submitting your petition.

Montreal it takes roughly 9-10 months from submitting your petiton.

So obviously K3 would be faster if you lived in the western part of Canada and processing occurs in Vancouver

but IR1/Cr1 would be the better route if you lived in the Eastern half since both the K3 and the I130 take about the same time.

If you do a timeline search you will get a better idea of how fast or slowly the consulate that will be processing your case is

[Urge To Race 2]

I have read that in these days the K3 visa it's taking the same amount of time that a regular I-130 and that the requirements are almost the same so what should i do? wait for the I-130 or fill out the K3?

thanks in advance Steven

There is no definitive answer to that questions. It depends on various things. One example is from Lance about the consulate processing times. There are other considerations also. With the CR-1/IR-1 your spouse gets a green card after getting here. With the K3, they have to apply for AOS to get the GC, and need EAD to work, etc. This comes at a cost (with increasing fees on July 30, 2007)

NVC will process and send the I-129F quicker to the consulate so your I129F might be quicker in reuniting you with your SO if your 2 petitions are approved at or about the same time.

I129Fs historically are processed quicker by USCIS relative to I130s.

IR1/CR-1 is a better visa as far as visas go, but K3s might be quicker and cost more.

Cheers.

[hhN400 3]

... so what should i do? wait for the I-130 or fill out the K3?

Well, as others have said already, there is no definite answer. As you can see from our timelines in my signature, in our case the I-129F/K3 seems to have been useless and we are now going with the I-130/IR-1. However, I don't really care all that much since it only means that we spent an extra $170 for having both options. And the IR-1 is definitely a better choice since it doesn't require to go through the Adjustment of Status procedure later. So, simply having had both options at a time when it wasn't clear how things would work out, I consider this $170 well spent. After July 30, however, the I-129F fee goes up to $455 and some may have to consider whether having both options is still worth it. In any case, if you are seriously thinking about submitting an I-129F petition, try to get it in before July 30; it'll save you a bundle.

[Stevenlatino 0]

Thanks guys i think i gonna go after K3 also before it goes to $455 and have more options

[pushbrk 13,065]

Thanks guys i think i gonna go after K3 also before it goes to $455 and have more options

If you file the I-130 and I-129F together, which is the new instructions effective July 30 but acceptable today as well, you will NOT have more options. You will be stuck with the K3. There is a possibility you could indicate clearly enough to be noticed in the original filing that you wish Consular processing of the I-130 and immigrant visa. If so, they'll approve and forward both petitions to NVC. This is uncharted territory. We haven't a shred of data, anecdotal or otherwise that says this would work.

There's a whole visa comparison chart in the guides. I suggest you weigh the options, positives and negatives of both visas including overall costs and then make the decision you think is best for your circumstances and priorities.

The scenario where the K3 is clearly the preferred option is when reducing the time apart by 2 to 4 months is worth the extra $1200 (minimum) extra expense and working within a few months after arrival is not important.

[Captain Oates 911]

As someone has already said, everyone's circumstances are different.

My USC wife is with me here in the UK and has a good job - so we don't need a K3 - also we will have been married 2 years on november 4, so I want to enter November 5 and get an unconditional 10 year green card - so again no rush before then...

I am no spring chicken- I am knocking on 60 - so if I sell up in the UK and move to the US and spend all my money on car/house etc and then my wife runs of with Jose the muscle man gardener, where would that leave me if I had a conditional green card ? Exactly.

So I am an extreme example of who should go for the full visa and not go near K3 - and a US citizen who is alone and bringing a beautiful young, but poor, wife from abroad would be the opposite end of the spectrum and wants em there as soon as possible ...

Everyone else is somewhere in between and needs to weigh up which is best...

Edited July 10, 2007 by saywhat

[Urge To Race 2]

As someone has already said, everyone's circumstances are different.

My USC wife is with me here in the UK and has a good job - so we don't need a K3 - also we will have been married 2 years on november 4, so I want to enter November 5 and get an unconditional 10 year green card - so again no rush before then...

I am no spring chicken- I am knocking on 60 - so if I sell up in the UK and move to the US and spend all my money on car/house etc and then my wife runs of with Jose the muscle man gardener, where would that leave me if I had a conditional green card ? Exactly.

So I am an extreme example of who should go for the full visa and not go near K3 - and a US citizen who is alone and bringing a beautiful young, but poor, wife from abroad would be the opposite end of the spectrum and wants em there as soon as possible ...

Everyone else is somewhere in between and needs to weigh up which is best...

I like your analysis. Very well put

[Urge To Race 2]

Thanks guys i think i gonna go after K3 also before it goes to $455 and have more options

Also, if you send the I130 and I129F together, you don't pay a fee for I129F. But as pushbrk says, it does not necessarily give you more options. There is one possibility where it might though. If your I130 requires an RFE for some reason that might delay its processing, say evidence of a bona fide marriage, it might be possible that your I129F might get approved in the interim as this evidence doesn't have to be submitted with the I129F. However, this is mere speculation. No one knows if they would approve a I129F if an I130 was RFE'd from the same package.

[Beauty for Ashes 257]

Thanks guys i think i gonna go after K3 also before it goes to $455 and have more options

If you file the I-130 and I-129F together, which is the new instructions effective July 30 but acceptable today as well, you will NOT have more options. You will be stuck with the K3. There is a possibility you could indicate clearly enough to be noticed in the original filing that you wish Consular processing of the I-130 and immigrant visa. If so, they'll approve and forward both petitions to NVC. This is uncharted territory. We haven't a shred of data, anecdotal or otherwise that says this would work.

There's a whole visa comparison chart in the guides. I suggest you weigh the options, positives and negatives of both visas including overall costs and then make the decision you think is best for your circumstances and priorities.

The scenario where the K3 is clearly the preferred option is when reducing the time apart by 2 to 4 months is worth the extra $1200 (minimum) extra expense and working within a few months after arrival is not important.

In my case the 129f would go to another country an the I130 would go to his home country. I am completely lost with what is going on with timelines and have become very depressed from the wait. If I went ahead and sent a 129f, the case would go to Tunisia. If I stick with the I130, the case stays in Algeria because we were married in Tunisia but he is Algerian. The wait is killing me but it does not seem like you have much more to do than wait and wait. If the marriage survives the time apart and the wait, all the better