K3 or IR-1/CR-1

[mommymeow 0]

Hello All

I have read all the forum and actually I am still confusing about what type of visa should my husband file for me.

We got married in the US since December 2005 but then we moved to live in Thailand for one year before he went back to the US. Which mean he lived in Thailand for one year. We have a child who is citizen, our child has US passport but she born here in Thailand, we reported her birth here at the US embassy and everything was approved.

Since my husband would like to apply for a visa for me to go back to the US. So what is the best way of doing it, what type is good for my situation. I have read about K3 and as well as IR-1/CR-1 but still confuse that which one should I go for.

My husband had an appointment with the immigration officer in New York and the officer told him to apply for I-130.

Can anyone give me a better idea or suggestion please.

Thank you.

[YuAndDan 153]

CR-1 (I-130)

Pro:

• Gets a green-card upon entry, no waiting 90 days or more for an EAD in order to work.
• Less paperwork to file, no I-129F
• Costs less, NO filing AOS to get green-card and paying $1010

Con:

• Takes a little bit longer to process.

Example of someone wanting to work on the K-3

http://www.visajourney.com/forums/index.ph...c=90617&hl=

Lawyers LOVE recommending the K-3, they can charge more for the extra paperwork, and hope to get involved when the couple goes to adjust status later, more paperwork and fees, like $1010 now for AOS.

With the crazy increase of AOS to $1010 this past July, the K-3 is an expensive idea.

Use the timelines here on VJ and compare NVC received to Interview for K-3, and CR-1 to get an idea of the difference in length of time.

[MargotDarko 0]

Hello All

I have read all the forum and actually I am still confusing about what type of visa should my husband file for me.

We got married in the US since December 2005 but then we moved to live in Thailand for one year before he went back to the US. Which mean he lived in Thailand for one year. We have a child who is citizen, our child has US passport but she born here in Thailand, we reported her birth here at the US embassy and everything was approved.

Since my husband would like to apply for a visa for me to go back to the US. So what is the best way of doing it, what type is good for my situation. I have read about K3 and as well as IR-1/CR-1 but still confuse that which one should I go for.

My husband had an appointment with the immigration officer in New York and the officer told him to apply for I-130.

Can anyone give me a better idea or suggestion please.

Thank you.

Although it means possibly waiting longer, you should definitely go for the IR1. It is definitely the best spousal visa. You would enter the US as a permanent resident with the right to work and not have to adjust status or even remove conditions as you would have a 10 year green card.

To get the IR1, he would file a I-130 petition. When the petition was approved, you would go through the process of applying for an immigrant visa. None of the forms will say IR1 - they will just refer to immigrant as opposed to non-immigrant. Even if it takes a few extra months, I am sure you would never regret it in the end. A K3 visa is a lot more money and paperwork, and having to wait for employment authorisation which you need to apply for the SSN, would be very frustrating and kind of sour the experience of moving to the states. So have him file the I-130 and then just follow that path and you'll be good to go.

[mommymeow 0]

Hello All

I have read all the forum and actually I am still confusing about what type of visa should my husband file for me.

We got married in the US since December 2005 but then we moved to live in Thailand for one year before he went back to the US. Which mean he lived in Thailand for one year. We have a child who is citizen, our child has US passport but she born here in Thailand, we reported her birth here at the US embassy and everything was approved.

Since my husband would like to apply for a visa for me to go back to the US. So what is the best way of doing it, what type is good for my situation. I have read about K3 and as well as IR-1/CR-1 but still confuse that which one should I go for.

My husband had an appointment with the immigration officer in New York and the officer told him to apply for I-130.

Can anyone give me a better idea or suggestion please.

Thank you.

Although it means possibly waiting longer, you should definitely go for the IR1. It is definitely the best spousal visa. You would enter the US as a permanent resident with the right to work and not have to adjust status or even remove conditions as you would have a 10 year green card.

To get the IR1, he would file a I-130 petition. When the petition was approved, you would go through the process of applying for an immigrant visa. None of the forms will say IR1 - they will just refer to immigrant as opposed to non-immigrant. Even if it takes a few extra months, I am sure you would never regret it in the end. A K3 visa is a lot more money and paperwork, and having to wait for employment authorisation which you need to apply for the SSN, would be very frustrating and kind of sour the experience of moving to the states. So have him file the I-130 and then just follow that path and you'll be good to go.

Thank you for the information.

[willchels 0]

I agree. The IR-1 Visa does take longer, but it is well worth it. Once you have the green card you won't need to do anything else for 10 years. Also, the IR1 visa is permanent, only the green card itself expires, so after 10 years you have to get a new green card. It's a much better way to go, and probably a lot less stressful in the long run.

Good luck with the decision!

[YuAndDan 153]

I agree. The IR-1 Visa does take longer, but it is well worth it. Once you have the green card you won't need to do anything else for 10 years. Also, the IR1 visa is permanent, only the green card itself expires, so after 10 years you have to get a new green card. It's a much better way to go, and probably a lot less stressful in the long run.

Good luck with the decision!

Actually the IR-1 typically expires 60 months after issue, and the green-card replaces the visa.

[MargotDarko 0]

I agree. The IR-1 Visa does take longer, but it is well worth it. Once you have the green card you won't need to do anything else for 10 years. Also, the IR1 visa is permanent, only the green card itself expires, so after 10 years you have to get a new green card. It's a much better way to go, and probably a lot less stressful in the long run.

Good luck with the decision!

Actually the IR-1 typically expires 60 months after issue, and the green-card replaces the visa.

6 months not 60 months. There was another thread where you said this and it was clarified.

[questworldz 0]

CR-1 is less tnesion.You wait a lil bit longer, but well worth it coz you get your employment authorization, greencard, SS all within weeks of arriving on American soil

[pushbrk 13,108]

I agree. The IR-1 Visa does take longer, but it is well worth it. Once you have the green card you won't need to do anything else for 10 years. Also, the IR1 visa is permanent, only the green card itself expires, so after 10 years you have to get a new green card. It's a much better way to go, and probably a lot less stressful in the long run.

Good luck with the decision!

Actually the IR-1 typically expires 60 months after issue, and the green-card replaces the visa.

6 months not 60 months. There was another thread where you said this and it was clarified.

Not only is it 6 months but not 6 months after use. It's six months after issue. You use the IR1 visa one time, within six months of entry. The stamp in passport replaces the visa temporarily until the Green Card comes.

[tamztamztamztamz 0]

yeah IR1/CR1 is better.it took one year and 3months,from NOA1 to interview date in our case although we are going through the slowest embassy.(waiting 4 interview yet).best of luck

[mommymeow 0]

Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks

[pushbrk 13,108]

Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks

The appropriate immigrant visa for spouse will be granted. The process is the same either way. If you have already been married two years when the petition is filed then you can check "other" and write IR1 visa in the space just left of the signature on the respective G325a forms. You can also indicate this in your cover letter. If the two year anniversary will come after you file but before the interview, you would put CR1 and then the Consulate will still issue the appropriate visa based on the timing of your interview in relationship to your marriage.

[mommymeow 0]

Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks

The appropriate immigrant visa for spouse will be granted. The process is the same either way. If you have already been married two years when the petition is filed then you can check "other" and write IR1 visa in the space just left of the signature on the respective G325a forms. You can also indicate this in your cover letter. If the two year anniversary will come after you file but before the interview, you would put CR1 and then the Consulate will still issue the appropriate visa based on the timing of your interview in relationship to your marriage.

Thanks. I assume that It would be better If I will wait till 30 December this year for our 2 year anniversary then we file for visa to the USCIS.

I have a question about the paper that I have to send to USCIS when we send them the form I-130.

1. Payment as required by USCIS $355

2. Cover Letter (Any idea?)

3. Form I-130: Petition for Alien Relative

4. Copy of the full Birth certificate (front and back) for the US Citizen (Does it has to be certify by anyone?)

5. A copy of marriage certificate (Does it has to be certify by anyone?)

6. G-325A (Each person fill the form)

7. One passport-type photo (my husband and myself)

8. Evidence of a bonafide marriage (Can anyone clarify what to send to them for this item)

Do I have to send my husband the copy of my passport, my birth certificate, my ID card, and make them translated and certify the documents??

Please kindly clarify my questions that I have. Sorry for asking alot of questions. I want to be prepared and do everything right.

[MargotDarko 0]

Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks

The appropriate immigrant visa for spouse will be granted. The process is the same either way. If you have already been married two years when the petition is filed then you can check "other" and write IR1 visa in the space just left of the signature on the respective G325a forms. You can also indicate this in your cover letter. If the two year anniversary will come after you file but before the interview, you would put CR1 and then the Consulate will still issue the appropriate visa based on the timing of your interview in relationship to your marriage.

Thanks. I assume that It would be better If I will wait till 30 December this year for our 2 year anniversary then we file for visa to the USCIS.

I have a question about the paper that I have to send to USCIS when we send them the form I-130.

1. Payment as required by USCIS $355

2. Cover Letter (Any idea?)

3. Form I-130: Petition for Alien Relative

4. Copy of the full Birth certificate (front and back) for the US Citizen (Does it has to be certify by anyone?)

5. A copy of marriage certificate (Does it has to be certify by anyone?)

6. G-325A (Each person fill the form)

7. One passport-type photo (my husband and myself)

8. Evidence of a bonafide marriage (Can anyone clarify what to send to them for this item)

Do I have to send my husband the copy of my passport, my birth certificate, my ID card, and make them translated and certify the documents??

Please kindly clarify my questions that I have. Sorry for asking alot of questions. I want to be prepared and do everything right.

Definitely don't wait to file. As your interview will be after your two-year anniversary, you will get the IR1 visa. It doesn't matter that when you file you haven't been married two years yet - it's the interview date that determines the visa type. And even then, if you enter the US after the two year anniversary, a CR1 visa can be used to get a 10 year green card. So file asap!

The cover letter can list what your filing and for whom and then list the contents of documents you're sending.

There are instructions in the I-130 on what types of items qualify as showing a bonafide relationship. A photocopy of an official copy of your daughter's birth certificate will be the best evidence for this as long as both your names are on it.

Nothing has to be certified. The birth certificate and marriage certificate should be photocopies of official copies. Everything should be in English, but it doesn't matter where it's translated as long as the translation is done right.

Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks

The appropriate immigrant visa for spouse will be granted. The process is the same either way. If you have already been married two years when the petition is filed then you can check "other" and write IR1 visa in the space just left of the signature on the respective G325a forms. You can also indicate this in your cover letter. If the two year anniversary will come after you file but before the interview, you would put CR1 and then the Consulate will still issue the appropriate visa based on the timing of your interview in relationship to your marriage.

On our G325A's, I ticked "other" and wrote "I-130 petition for spouse", which was accepted and avoids the issue of IR1 vs CR1 at that stage.

[MargotDarko 0]

I would like to add that I am not fully aware of translation requirements. I just know that it doesn't have to be done in the US. When I said nothing has to be certified, I was only thinking of things that didn't have to be translated - I am not sure if translations do not have to be certified.