Petitions K3 and CR1 at Embassy

[WaitingforRakesh 0]

Hello,

I have a little question on time line for New Dehli.

My K3 Petition for my husband is at New Dehli. He is still waiting for the interview letter and information on medical etc.

My CR1 Petition is at NVC awaiting the DS 230 packet.

What happens if they schedule a K3 visa interview for my husband and the CR1 petition arrives before that. Will they automatically dropped the K3 and use the CR1. Would they use the same interview date or reschedule. Can he use the medical packet for the K3 for the CR1.

All the orginal documents that are required are going to the NVC. I assume they would forward that to the embassy.

What if the CR1 petition does not arrive before he needs to submit the DS 230 packet to the embassy.

I am want to take the route that is less time and hassle.

Please help.

[ninjarocket 1]

It's generally up to the CO reviewing your case, but the usual policy is to drop the k3 visa if the CR1 petition has already arrived. However, you still have to prepare all of the documents and visa fees required for the k3 interview as a matter of formality because they have a standard system of processing for each time of interview appointment.

You might also be given the option to transfer to the CR1 visa even if the package arrives after the k3 interview, provided it is in transit. This happened in my case. However, that would mean that your spouse would need to return to the embassy to sign the DS-230 in front of a CO.

Good luck!

Hello,

I have a little question on time line for New Dehli.

My K3 Petition for my husband is at New Dehli. He is still waiting for the interview letter and information on medical etc.

My CR1 Petition is at NVC awaiting the DS 230 packet.

What happens if they schedule a K3 visa interview for my husband and the CR1 petition arrives before that. Will they automatically dropped the K3 and use the CR1. Would they use the same interview date or reschedule. Can he use the medical packet for the K3 for the CR1.

All the orginal documents that are required are going to the NVC. I assume they would forward that to the embassy.

What if the CR1 petition does not arrive before he needs to submit the DS 230 packet to the embassy.

I am want to take the route that is less time and hassle.

Please help.

[daboyz 36]

This is where I'm confused. All my originals are with NVC right now for the IR-1 visa. She has packet 3 for the K-3. If she goes ahead and returns packet 3, she doesn't really have the documents requested because they are all at NVC. So it would really be impossible for her to get the K-3 visa without the original marriage certificate etc. Is this right, or am I missing something?

[YuAndDan 153]

They drop the K-3 in favor of the superior CR-1, this saves you the hassle of Adjustment of Status in the USA.

Happened to this person just recently: http://www.visajourney.com/forums/index.php?showtopic=157667

If you peruse the K-3 you will need copies of everything sent to NVC for the CR-1 (DS-230 package) to bring to the K-3 interview.

[daboyz 36]

They drop the K-3 in favor of the superior CR-1, this saves you the hassle of Adjustment of Status in the USA.

Happened to this person just recently: http://www.visajourney.com/forums/index.php?showtopic=157667

If you peruse the K-3 you will need copies of everything sent to NVC for the CR-1 (DS-230 package) to bring to the K-3 interview.

Thanks. I'm going to tell her to respond to the Packet 3 for the K-3 then. Hopefully the IR-1 will catch up.

[Dakine 26]

They drop the K-3 in favor of the superior CR-1, this saves you the hassle of Adjustment of Status in the USA.

Happened to this person just recently: http://www.visajourney.com/forums/index.php?showtopic=157667

If you peruse the K-3 you will need copies of everything sent to NVC for the CR-1 (DS-230 package) to bring to the K-3 interview.

Thanks. I'm going to tell her to respond to the Packet 3 for the K-3 then. Hopefully the IR-1 will catch up.

Do what ever it takes to get the IR as the K3 is dog sh!t compared to a IR.

[daboyz 36]

They drop the K-3 in favor of the superior CR-1, this saves you the hassle of Adjustment of Status in the USA.

Happened to this person just recently: http://www.visajourney.com/forums/index.php?showtopic=157667

If you peruse the K-3 you will need copies of everything sent to NVC for the CR-1 (DS-230 package) to bring to the K-3 interview.

Thanks. I'm going to tell her to respond to the Packet 3 for the K-3 then. Hopefully the IR-1 will catch up.

Do what ever it takes to get the IR as the K3 is dog sh!t compared to a IR.

I agree. I don't even want the K-3. It's worth it to go IR-1, even if it takes a little longer. I don't want to deal with USCIS for Adjustment of Status. I am just trying to figure out how to get the IR-1 interview as quickly as possible. I sent the AOS and IV fees to my lawyer over a month ago. NVC says they received them Oct. 8. I'm going to have my wife return the packet 3 to the embassy. Hopefully it will work out.

[YuAndDan 153]

I agree. I don't even want the K-3. It's worth it to go IR-1, even if it takes a little longer. I don't want to deal with USCIS for Adjustment of Status. I am just trying to figure out how to get the IR-1 interview as quickly as possible. I sent the AOS and IV fees to my lawyer over a month ago. NVC says they received them Oct. 8. I'm going to have my wife return the packet 3 to the embassy. Hopefully it will work out.

One thing to do is hold on returning the K-3 P3 until the CR-1/IR-1 packet gets sent to consulate from NVC. Or just request to reschedule the K-3 interview.

[ninjarocket 1]

Unless the embassy tells you explicitly that you don't need to bring further documents because they already have them, you will likely have to supply additional copies before having the k3 interview.

You could always clarify this by calling the embassy, but my guess is that they will insist that you bring documents specific to the k3 interview no matter how illogical it sounds. You will likely have two choices:

1) Obtain additional copies of the required documents.

2) Cancel the k3 interview and go instead with the CR interview date.

It depends on which of these can be accomplished first.

It's always risky relying on a single copy of each document.

This is where I'm confused. All my originals are with NVC right now for the IR-1 visa. She has packet 3 for the K-3. If she goes ahead and returns packet 3, she doesn't really have the documents requested because they are all at NVC. So it would really be impossible for her to get the K-3 visa without the original marriage certificate etc. Is this right, or am I missing something?

[yeye 0]

ninjarocket,

if your K3 interview date has been changed to CR1, why would you have to submit documents related to K-3?

For e.g. one difference between K-3 and CR1 is I-134. I would think you don't have to submit I-134 because I-864 has already been submitted to NVC. Also, there should be no need to submit DS-156 because that is not relevant for CR-1

Thanks

[Dakine 26]

ninjarocket,

if your K3 interview date has been changed to CR1, why would you have to submit documents related to K-3?

For e.g. one difference between K-3 and CR1 is I-134. I would think you don't have to submit I-134 because I-864 has already been submitted to NVC. Also, there should be no need to submit DS-156 because that is not relevant for CR-1

Thanks

True and no need the DS 157 and pay the $131 visa application fee.

[ninjarocket 1]

The consulate books k3 and CR interviews differently and has a slightly different procedures and forms for each one. The I-130 and I-129F are separate at this point in the process (they parted ways at USCIS). Maybe I'm wrong, but I believe they won't actually switch the visa interview classification in advance of you actually going to the interview. Therefore, you have to pay the k3 visa fee and have the necessary forms ready before you even get to the point at which you can request to have the CR visa instead of the k3 visa. The conversion is done at the discretion of the consular officials, buts is usually honored. If they happen to have the I-130 at hand when you go to the prescreener window for the k3 prescreening, then you will probably be in luck! No need to have additional copies of documents if they allow you to take up the CR visa right there and then. However, if they don't have the I-130 right there in front of them (e.g. it's still in transit or is inconveniently filed away somewhere) then you might be in trouble.

That's why it's a good idea to have confirmation from the consulate that they have the required documents before going to the interview (if you don't have extra copies). Otherwise you could risk being turned away.

ninjarocket,

if your K3 interview date has been changed to CR1, why would you have to submit documents related to K-3?

For e.g. one difference between K-3 and CR1 is I-134. I would think you don't have to submit I-134 because I-864 has already been submitted to NVC. Also, there should be no need to submit DS-156 because that is not relevant for CR-1

Thanks

[daboyz 36]

The consulate books k3 and CR interviews differently and has a slightly different procedures and forms for each one. The I-130 and I-129F are separate at this point in the process (they parted ways at USCIS). Maybe I'm wrong, but I believe they won't actually switch the visa interview classification in advance of you actually going to the interview. Therefore, you have to pay the k3 visa fee and have the necessary forms ready before you even get to the point at which you can request to have the CR visa instead of the k3 visa. The conversion is done at the discretion of the consular officials, buts is usually honored. If they happen to have the I-130 at hand when you go to the prescreener window for the k3 prescreening, then you will probably be in luck! No need to have additional copies of documents if they allow you to take up the CR visa right there and then. However, if they don't have the I-130 right there in front of them (e.g. it's still in transit or is inconveniently filed away somewhere) then you might be in trouble.

That's why it's a good idea to have confirmation from the consulate that they have the required documents before going to the interview (if you don't have extra copies). Otherwise you could risk being turned away.

ninjarocket,

if your K3 interview date has been changed to CR1, why would you have to submit documents related to K-3?

For e.g. one difference between K-3 and CR1 is I-134. I would think you don't have to submit I-134 because I-864 has already been submitted to NVC. Also, there should be no need to submit DS-156 because that is not relevant for CR-1

Thanks

I've read in some other posts that if an immigrant visa is available, then they consulate is required to go that route. So I guess that means that if the IR-1 is available at the time of the interview, then they are required to process it that way. I guess it's a timing thing.

[WaitingforRakesh 0]

Thank you everyone!

It is good to hear from everyone!

So if I reading these right the worst that can happen is that you have to either call them before your K3 interview if the CR1 paperwork is not at the embassy yet, and tell them you want to persue the CR1 and perhaps have a delay, and you might have to wait longer for the interview. (That is what worries me.) This waiting this has gone too long!

I still don't know how they would expect you to have orginals for both K3 at the embassy and CR1 at the NVC. Has this happened to anyone else? Do they accept copies if you tell them that the orginals are at NVC?

[Dakine 26]

Thank you everyone!

It is good to hear from everyone!

So if I reading these right the worst that can happen is that you have to either call them before your K3 interview if the CR1 paperwork is not at the embassy yet, and tell them you want to persue the CR1 and perhaps have a delay, and you might have to wait longer for the interview. (That is what worries me.) This waiting this has gone too long!

I still don't know how they would expect you to have orginals for both K3 at the embassy and CR1 at the NVC. Has this happened to anyone else? Do they accept copies if you tell them that the orginals are at NVC?

Before starting a immigration process you should have at least 3 copies of all the certified originals that apply to your case.