IR1/CR1 vs K3

[LindaB 0]

My husband sent our I-130 on July 15 (received our NOA1 on July 25 from the California Service Center) and we planned to continue on with the I-130 to get the IR1/CR1 visa but I have just found out that I would have to go to the US Consulate in Montreal for the interview for that visa. ( I live in Vancouver and would prefer to go to the consulate here). What is the difference between doing the IR1/CR1 and the K3 marriage visa regarding the fees, process, timing etc. so we can make a decesion on whether to go the K3 route so I can have my interview in Vancouver.?

Thanks

LindaB

[Silver358 0]

Hello:

Here is a chart that lists the pros and cons associated with each of the 3 visa based options available (k-1, k-3, cr/ir).

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

As you'll discover, each option has its own merits:

- k-1 - perhaps quicker than k-3, but doesn't allow travel after entry into the U.S. withouth advance parole. However, the 90-day grace period may allow more time to make certain marriage is correct course (if necessary).

- k-3 - Allows travel to and from the U.S. after entry.

The fees for the I-130, i-129f and other documents can be found here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Good Luck

[Mononoke28 135]

The total fees you will pay for the CR1/IR1 visa are: $190 for the I-130, $70 for AOS and $380 for the IV bill. Once the beneficiary enters the country he/she will get the 2 year green card in the mail.

For K3, you wouldn't have to pay for the I-129F (correct me on this one). But the AOS fee is $1011.

As far as time difference, I suggest you check out the timelines of other people her on VJ who are going through your embassy. Each embassy is different.

Diana

[Flames9_RN 358]

Since you live in Vancouver, ur K3 interview will be in Van, but ALL CR-1/IR-1 interviews are in Montreal! Vancouver seems to be a lot faster at handing out interviews, so it may be faster to go the K3 route, but that isn't always the case! NVC assigns the interviews for the CR-1, Mtl doesn't even know u exist until NVC assigns the interview. We (back in 2004) did the K3 and CR-1 ( I resided in NS, so was going to Mtl no matter what!!) and my CR-1 was completed (including interview) much faster than the K3(actually got a NOA stating my K3 had been approved--had already resided in the USA for 4 months,lol)

In reality, the K3 should be faster, it is a multiple entry visa, but one doesnt have work authorization right away, where as the CR-1/IR-1 does. When it comes to process times, its anybodies guess. Like I stated the K3 "should" be faster, but not always the case!! Can be a frustrating experience. 2 people can start the process exact same times, go through same centers, yet finish months apart!! Best of luck!

[MargotDarko 0]

If it would cost a lot more than about $700 USD or so to get to Montreal and back for the interview, then I would go with the K3. If it would cost a lot less than that, I would go with the CR1/IR1. With a CR1/IR1, you would be able to work right away and be a permanent resident upon entry. If you get the IR1, you have nothing to do unless you want to become a citizen. If you get the CR1, you'll only have to remove conditions roughly two years after entering the US. The K3 isn't a surefire way to get into the US a lot faster, and it definitely has drawbacks. Waiting three months or more to be able to work and going through the pain of Adjustment of Status is best avoided. If you two are desperate to be together and the extra hassle and expense won't effect you, then attempt the K3.

[Flames9_RN 358]

IR-1 is married for TWO yrs or more, CR-1 is married for less than 2 yrs, so you can't really choose it,lol

[LindaB 0]

IR-1 is married for TWO yrs or more, CR-1 is married for less than 2 yrs, so you can't really choose it,lol

Thanks, now I know it is a CR1 I will be getting since we were just married on June 16th (unless it takes 2 years to get the visa.....lol)

[Marilyn. 340]

I would stick with the Cr1... it might take a little longer but you wouldn't have to pay the outrageous price of $1010 to adjust status with the K3...

I think the Cr1, even with the flight, would still be the cheaper way to go...

i am from the Vancouver area too and I had to fly to Montreal for the interview...

[LadyJane 1]

I would say that all things are equal money wise, now that USCIS the cost of removing the conditions from the CR1 visa is $545. But in terms of time, it seems like it is taking the same amount of time to get a CR1/IR1 as it will for a K3. So, might as well get the CR1 because that way you won't have to go through the 'adjustment of status' process.

Good luck!

[MargotDarko 0]

I would say that all things are equal money wise, now that USCIS the cost of removing the conditions from the CR1 visa is $545. But in terms of time, it seems like it is taking the same amount of time to get a CR1/IR1 as it will for a K3. So, might as well get the CR1 because that way you won't have to go through the 'adjustment of status' process.

Good luck!

They'll still have to remove conditions if they finish Adjusting Status before their two-year anniversary.

[Mononoke28 135]

Exactly, you also have to pay the fee to remove conditions after you get your green card through AOS.

Also, EAD may take up to 90 days and AOS may take longer than that. You wouldn't be able to work until you get at least the EAD in the mail.

Diana

[misa 2]

Linda, it really depends on how fast you want to get there and how much you want to pay. For some people it's worth the cost of being reunited faster. If you go the K3 route, you'll interview in Vancouver which currently (and historically) schedules interviews MONTHS faster than Montreal. I'm not talking a couple of months, I'm talking at least 4 months faster, closer to 6 months.

Some things to consider. If you do decide to go the K3 route, your I-130 may be retained by USCIS which effectively removes the option of you being able to pursue both K3 and CR-1 at the same time. You can file (and pay) for it to be forwarded to the NVC but that can take up to 6 months for them to do or longer.

If you are married less than 2 years upon the issuance of your CR-1 or greencard (obtained through AOS after K3), you will still need to file lifting of conditions after 2 years. That part doesn't change no matter which route you go.

So really it's up to you. How much time you want to spend apart, how much money you're willing to pay for processing, if you're able to remain unemployed in the U.S. while waiting for an EAD (if you go the K3 route), etc.

They'll still have to remove conditions if they finish Adjusting Status before their two-year anniversary.

They have to do that regardless of which route they go because they've been married for less than 2 years.

[LindaB 0]

Linda, it really depends on how fast you want to get there and how much you want to pay. For some people it's worth the cost of being reunited faster. If you go the K3 route, you'll interview in Vancouver which currently (and historically) schedules interviews MONTHS faster than Montreal. I'm not talking a couple of months, I'm talking at least 4 months faster, closer to 6 months.

Some things to consider. If you do decide to go the K3 route, your I-130 may be retained by USCIS which effectively removes the option of you being able to pursue both K3 and CR-1 at the same time. You can file (and pay) for it to be forwarded to the NVC but that can take up to 6 months for them to do or longer.

If you are married less than 2 years upon the issuance of your CR-1 or greencard (obtained through AOS after K3), you will still need to file lifting of conditions after 2 years. That part doesn't change no matter which route you go.

So really it's up to you. How much time you want to spend apart, how much money you're willing to pay for processing, if you're able to remain unemployed in the U.S. while waiting for an EAD (if you go the K3 route), etc.

They'll still have to remove conditions if they finish Adjusting Status before their two-year anniversary.

They have to do that regardless of which route they go because they've been married for less than 2 years.

Thanks for all the information everyone.

Do you mean we will still have to pay the $1010 to file the lifting of conditions after 2 years with the CR1?

I plan to stay working in Canada (we will only be a short distance from the border) when I move down anyway so the working in US doesnt matter but would like to have the SSN right away because you need it for so many other things.

[misa 2]

You'll have to lift conditions (and pay the fees) regardless of whether you get a CR-1 or greencard from AOS after K3. It's not $1010 though, it's a bit less than that.

As for getting an SSN, you can get one after entry as a CR-1 but if you enter as a K3, you can only get one after you get your EAD or GC.

[MargotDarko 0]

Linda, it really depends on how fast you want to get there and how much you want to pay. For some people it's worth the cost of being reunited faster. If you go the K3 route, you'll interview in Vancouver which currently (and historically) schedules interviews MONTHS faster than Montreal. I'm not talking a couple of months, I'm talking at least 4 months faster, closer to 6 months.

Some things to consider. If you do decide to go the K3 route, your I-130 may be retained by USCIS which effectively removes the option of you being able to pursue both K3 and CR-1 at the same time. You can file (and pay) for it to be forwarded to the NVC but that can take up to 6 months for them to do or longer.

If you are married less than 2 years upon the issuance of your CR-1 or greencard (obtained through AOS after K3), you will still need to file lifting of conditions after 2 years. That part doesn't change no matter which route you go.

So really it's up to you. How much time you want to spend apart, how much money you're willing to pay for processing, if you're able to remain unemployed in the U.S. while waiting for an EAD (if you go the K3 route), etc.

They'll still have to remove conditions if they finish Adjusting Status before their two-year anniversary.

They have to do that regardless of which route they go because they've been married for less than 2 years.

I was replying to LadyJane's comment about things being pretty equal moneywise with the K3 because of the removal of conditions when going with the CR1 visa. If the AOS process isn't finished before they've been married for two years, then they'll receive the 10 year card and won't need to bother with lifting of conditions.

To LindaB - Being able to continue your job in Canada pushes you closer towards the K3 being worth it as you wouldn't lose money while waiting around for work authorisation.

Edited August 14, 2007 by MargotDarko