Where would I apply for a CR-1 visa?

[American Husband 0]

I'm trying to get a K-3 visa for my spouse, and I understand that the K-3 visa needs to be applied for in the country where we were married according to this webpage: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

 

However, I also understand that K-3 visas are seldom granted because usually petition I-130 is approved first, which would mean we'd get a CR-1 visa instead. But I can't find any information about where we'd end up applying for the CR-1 visa. Would it be the country we were married in, my spouse's home country, a country of our choosing, a country of someone else's choosing, or what?

[Dashinka 24,111]

Spousal visas (CR1/IR1) are generally processed at the consulate in the country the beneficiary spouse is living legally.  If it is a country where the U.S. does not have a consulate, then there will be other options.  Many folks file the I129F after filing the I130 in hopes of speeding up the process, but you are correct, K3s are rarely processed.  Regardless, in either case, the step are the same, the U.S. citizen files a petition, USCIS processes it.  When the petition is approved, it moves to the NVC which will require the USC petitioner to upload supporting documents.  Then NVC routes the petition to the proper consulate and the beneficiary schedules a medical exam, and a visa interview.

 

This may help.

 

Good Luck!

 

 

[pushbrk 12,569]

You are confusing filing a petition with applying for the visa.  Once the petition is approved, the foreign spouse is invited to apply for a visa, where they currently live, or where they are a citizen.  Since the the second petition is never going to be approved, a K3 visa will never be applied for anywhere.

[American Husband 0]

On 12/9/2023 at 12:43 PM, Dashinka said:

Spousal visas (CR1/IR1) are generally processed at the consulate in the country the beneficiary spouse is living legally.  If it is a country where the U.S. does not have a consulate, then there will be other options.  Many folks file the I129F after filing the I130 in hopes of speeding up the process, but you are correct, K3s are rarely processed.  Regardless, in either case, the step are the same, the U.S. citizen files a petition, USCIS processes it.  When the petition is approved, it moves to the NVC which will require the USC petitioner to upload supporting documents.  Then NVC routes the petition to the proper consulate and the beneficiary schedules a medical exam, and a visa interview.

 

This may help.

 

Good Luck!

 

 

 

Thanks! I was really confused by the information on the travel.state.gov page but I think I'm achieving some clarity thanks to your comment. So is petition I-130 associated with a CR-1 visa while petition I-129F is associated with a K-3 visa? Would that mean it's possible to obtain a K-3 visa by filing petition I-129F before filing petition I-130?

[Dashinka 24,111]

32 minutes ago, KyleD said:

 

Thanks! I was really confused by the information on the travel.state.gov page but I think I'm achieving some clarity thanks to your comment. So is petition I-130 associated with a CR-1 visa while petition I-129F is associated with a K-3 visa? Would that mean it's possible to obtain a K-3 visa by filing petition I-129F before filing petition I-130?

Honestly, I have not heard of anyone applying only for a K3 via an I129F.  I suppose it is possible, but with the spousal visa route via an I130 being a far superior visa, K3s are all but obsolete.

[American Husband 0]

25 minutes ago, Dashinka said:

Honestly, I have not heard of anyone applying only for a K3 via an I129F.  I suppose it is possible, but with the spousal visa route via an I130 being a far superior visa, K3s are all but obsolete.

 

Based on the information you gave me, K3s are superior if you want to apply for the visa in the country where you got married and don't want to be made to return to the country where you legally reside just to apply for a visa

[powerpuff 6,462]

1 hour ago, KyleD said:

 

Based on the information you gave me, K3s are superior if you want to apply for the visa in the country where you got married and don't want to be made to return to the country where you legally reside just to apply for a visa

If K3 visas were a thing, they would still be treated as immigrant (just like K1 fiancé visas) so you’ll have to apply where you legally reside in. 

 

Edited December 10, 2023 by powerpuff

[OldUser 6,027]

5 hours ago, KyleD said:

 

Based on the information you gave me, K3s are superior if you want to apply for the visa in the country where you got married and don't want to be made to return to the country where you legally reside just to apply for a visa

Total of 3 K-3 visas were granted in 2019. Forget about it, the odds are the same as me becoming a billionnaire tomorrow.

[American Husband 0]

On 12/9/2023 at 12:43 PM, Dashinka said:

Spousal visas (CR1/IR1) are generally processed at the consulate in the country the beneficiary spouse is living legally.

 

Do you happen to know if that's still true when direct filing petition I-130 at a US embassy in a country we're visiting temporarily?

[Crazy Cat 41,204]

4 minutes ago, KyleD said:

 

Do you happen to know if that's still true when direct filing petition I-130 at a US embassy in a country we're visiting temporarily?

Odds are that consulate will not accept the case.  They will likely tell you to file with USCIS or the consulate in residence country.

Edited December 10, 2023 by Crazy Cat

[American Husband 0]

Thanks everyone

[pushbrk 12,569]

11 hours ago, Dashinka said:

Honestly, I have not heard of anyone applying only for a K3 via an I129F.  I suppose it is possible, but with the spousal visa route via an I130 being a far superior visa, K3s are all but obsolete.

That's not WHY the K3 visa is obsolete or no longer available.  My ex wife was issued a K3 visa in 2006.  They stopped saving time a few months later, and became all but obsolete in early 2010.  The only change since 2010 is that they get killed by USCIS a little earlier than being killed by NVC AFTER petition approval.  It was policy changes, first at NVC and later at USCIS that killed that visa.

[pushbrk 12,569]

3 hours ago, KyleD said:

 

Do you happen to know if that's still true when direct filing petition I-130 at a US embassy in a country we're visiting temporarily?

It's still true, PERIOD.  Only exceptions are when there IS no Immigrant Visa unit in the country, but even then the most choices you will have is two Consulates.  Most often, it is only one.  The only way you could EVER file a petition in a country you are visiting, is if there would be an acceptable (rare) set of circumstances justifying it.  Don't know or care to speculate about what those would be.

 

If you want to file an I-129F AFTER you have your I-130 filing receipt, it won't hurt anything.  It might speed things up, or just be a waste of time. You can't know without trying.

[Dashinka 24,111]

12 hours ago, pushbrk said:

That's not WHY the K3 visa is obsolete or no longer available.  My ex wife was issued a K3 visa in 2006.  They stopped saving time a few months later, and became all but obsolete in early 2010.  The only change since 2010 is that they get killed by USCIS a little earlier than being killed by NVC AFTER petition approval.  It was policy changes, first at NVC and later at USCIS that killed that visa.

What I was getting at is what if someone only filed an I129F for a K3 and did not file an I130.  I am not sure if that is an option anymore or if one is required to also file an I130 for a spouse.

[IWander 588]

59 minutes ago, Dashinka said:

What I was getting at is what if someone only filed an I129F for a K3 and did not file an I130.  I am not sure if that is an option anymore or if one is required to also file an I130 for a spouse.

You can't file just an I129f for a K3.  Without proof of the I130 filing it won't even make it past the lockbox and never receive an NOA1.