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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

baaj
I have been pushing forward on both the k-3 and the ir1.

I just got confirmation on Monday that the ir-1 is finally being forwarded to the embassy. However, yesterday my wife received the k-3 packet 4 with the interview time.

This seems to be contrary to everything else I've read here - that the ir-1 process will halt the progress of the k-3.
Will canceling the k-3 interview be a detriment to the process going forward?
Is it at all possible that they will grant the ir-1 instead of the k-3 at the interview?
Any other insight?

Thanks!
Credzba
I would not cancel the K3, just put the p4 paperwork on a shelf, and don't return it.

This way, if something happens and the IR/1 takes to long, then you go ahead and return the k3 paperwork.

If, the IR/1 paperwork comes through with no problem, then you only return the IR/1 papers and just keep the k3 paperwork on the shelf.

canceling anything risks them messing up the whole process, so I would never advise canceling anything.
Marlita
Wow this seems odd that you can get this far in the game and still have 2 different visas pending for you. i've heard about this happening for many people. Seems like such a waste of government resources to be processing 2 visas for only 1 person. no offense to your case of course but it seems like theres a serious amount of people working on 2 cases for just one person. Had they cancelled your IR1 and went ahead with your K3...like they were supposed to...there could have been another person waiting for a visa getting processed, instead of 2 for you. Like I said...no offense to you, Im just noticing how this seems to be the norm for so many K3 filers and its a bit out of wack.
calamitka
I'm under impression that when your IR gets to the embassy your K3 will be cancelled. So, at interwiew your wife will be granted IR instead K3 even was scheduled for K3. You shouldn't cancel this interwiew.

Correct me someone if I'm wrong.
pushbrk
QUOTE(calamitka @ Feb 13 2008, 04:07 PM) *
I'm under impression that when your IR gets to the embassy your K3 will be cancelled. So, at interwiew your wife will be granted IR instead K3 even was scheduled for K3. You shouldn't cancel this interwiew.

Correct me someone if I'm wrong.


The above is correct but unfortunately, we're dealing with Guangzhou here. It will likely take two months for the IR1 case to get logged in as received by the Consulate. Don't blame DHL. It's just how Guangzhou works. This is an unusual case in that sending both cases to NVC violates USCIS policy in effect since November 2006.

Anyway, if the K3 interviews occurs before the case file is open and logged in, you'll get the K3 visa but if even a day after, they'll interview for the IR1 on that same date. You'd be wise to go ahead and get all the vaccinations done because they are required for the IR1.

Unfortunately, you've handicapped me by not updating your timeline with the K3 interview date but I suspect it is for sometime in April. If, late April, there's a good chance of the IR1 case arriving. If early, not so much.

What's that interview date?
baaj
QUOTE(pushbrk @ Feb 13 2008, 11:19 PM) *
QUOTE(calamitka @ Feb 13 2008, 04:07 PM) *
I'm under impression that when your IR gets to the embassy your K3 will be cancelled. So, at interwiew your wife will be granted IR instead K3 even was scheduled for K3. You shouldn't cancel this interwiew.

Correct me someone if I'm wrong.


The above is correct but unfortunately, we're dealing with Guangzhou here. It will likely take two months for the IR1 case to get logged in as received by the Consulate. Don't blame DHL. It's just how Guangzhou works. This is an unusual case in that sending both cases to NVC violates USCIS policy in effect since November 2006.

Anyway, if the K3 interviews occurs before the case file is open and logged in, you'll get the K3 visa but if even a day after, they'll interview for the IR1 on that same date. You'd be wise to go ahead and get all the vaccinations done because they are required for the IR1.

Unfortunately, you've handicapped me by not updating your timeline with the K3 interview date but I suspect it is for sometime in April. If, late April, there's a good chance of the IR1 case arriving. If early, not so much.

What's that interview date?


Thanks for all your replies - unfortunately, the consulate didn't give us much notice. The interview date has been set for March 10. Does anyone know how I can verify when Guangzhou actually receives the IR-1 package?
Also, could we request to move it up to April, or would that just put us back at the end of the queue?
pushbrk
QUOTE(baaj @ Feb 14 2008, 06:53 AM) *
QUOTE(pushbrk @ Feb 13 2008, 11:19 PM) *
QUOTE(calamitka @ Feb 13 2008, 04:07 PM) *
I'm under impression that when your IR gets to the embassy your K3 will be cancelled. So, at interwiew your wife will be granted IR instead K3 even was scheduled for K3. You shouldn't cancel this interwiew.

Correct me someone if I'm wrong.


The above is correct but unfortunately, we're dealing with Guangzhou here. It will likely take two months for the IR1 case to get logged in as received by the Consulate. Don't blame DHL. It's just how Guangzhou works. This is an unusual case in that sending both cases to NVC violates USCIS policy in effect since November 2006.

Anyway, if the K3 interviews occurs before the case file is open and logged in, you'll get the K3 visa but if even a day after, they'll interview for the IR1 on that same date. You'd be wise to go ahead and get all the vaccinations done because they are required for the IR1.

Unfortunately, you've handicapped me by not updating your timeline with the K3 interview date but I suspect it is for sometime in April. If, late April, there's a good chance of the IR1 case arriving. If early, not so much.

What's that interview date?


Thanks for all your replies - unfortunately, the consulate didn't give us much notice. The interview date has been set for March 10. Does anyone know how I can verify when Guangzhou actually receives the IR-1 package?
Also, could we request to move it up to April, or would that just put us back at the end of the queue?


Well, no they don't give you any choice. I'm surprised the interview is in March instead of April. For others, that's a good thing and maybe for you too. To know when the case file is logged in as received call the DOS visa information line at 202.663.1225, then use menu selections 1-0-0
You could email the Consulate through their website explaining your IR1 case is enroute and that you would prefer to go that route if it would not cause too much delay. You could also request your interview be rescheduled for late April. They might comply. Another option is to go ahead with the K3 and fly back for the CR1 interview, most likely in June or July.

For speed, I think the overall best option is to simply request an interview in late April, allowing enough time for the IR case to get in their system.

If you email the Consulate, make a special note you are simply asking a question and clearly state you do not want your presently scheduled interview cancelled. You just want their advice on the potential use of the K3 interview date for an IR visa. They do this, so they'll know what you mean but I've seen them cancel interviews people didn't want cancelled, causing two-month or more delays in rescheduling.
baaj
Again, thanks for the insight. An "unofficial email" sounds like the best way to go. However, we still need to do something with the P4, right? Somehow, I'm not expecting a speedy reply to my email (call it a hunch wink.gif )

QUOTE
This is an unusual case in that sending both cases to NVC violates USCIS policy in effect since November 2006.
If that's the case, are either of my applications in danger of being rejected on these grounds?

QUOTE
It will likely take two months for the IR1 case to get logged in as received by the Consulate. Don't blame DHL. It's just how Guangzhou works.
Apparently, the main problem isn't actually either DHL or the Guangzhou consulate, it's that Chinese customs holds up the diplomatic mail, and it can languish there for months. Add the additional bureaucratic crawl of the consulate, then processing time quickly adds up. (Not that it makes any difference in my case.)
baaj
QUOTE(Marlita @ Feb 13 2008, 06:49 PM) *
Wow this seems odd that you can get this far in the game and still have 2 different visas pending for you. i've heard about this happening for many people. Seems like such a waste of government resources to be processing 2 visas for only 1 person. no offense to your case of course but it seems like theres a serious amount of people working on 2 cases for just one person. Had they cancelled your IR1 and went ahead with your K3...like they were supposed to...there could have been another person waiting for a visa getting processed, instead of 2 for you. Like I said...no offense to you, Im just noticing how this seems to be the norm for so many K3 filers and its a bit out of wack.

Yes - my thinking exactly. The process is very poorly designed. It's just when such a bureaucratic process is standing between you and your wife and son, you've got to work all the angles.
pushbrk
QUOTE(baaj @ Feb 14 2008, 02:02 PM) *
Again, thanks for the insight. An "unofficial email" sounds like the best way to go. However, we still need to do something with the P4, right? Somehow, I'm not expecting a speedy reply to my email (call it a hunch wink.gif )

QUOTE
This is an unusual case in that sending both cases to NVC violates USCIS policy in effect since November 2006.
If that's the case, are either of my applications in danger of being rejected on these grounds?

QUOTE
It will likely take two months for the IR1 case to get logged in as received by the Consulate. Don't blame DHL. It's just how Guangzhou works.
Apparently, the main problem isn't actually either DHL or the Guangzhou consulate, it's that Chinese customs holds up the diplomatic mail, and it can languish there for months. Add the additional bureaucratic crawl of the consulate, then processing time quickly adds up. (Not that it makes any difference in my case.)


They do usually reply to email within two or three days. As for danger in either case, USCIS petition adjudication policies don't apply to what happens to the cases between the time they leave the service center and the interview. At that time, they are in the hands of DOS, who simply does their thing with all cases they receive.

It's not Chinese Customs. It's the Consulate. The Consulate has a separate procedure for packages full of visa case files that is different from other packages. They just don't "gin up" the document asking for the packages to clear customs until they're ready for more. Other packages DHL delivers clear in a day or two.
baaj
Begin crisis mode - just when we thought we'd made it.

Based on all the excellent advice on this thread, I rescheduled the interview (now in late April) and the IR-1 package in fact arrived just as I was about to cancel until further notice. Awesome, I thought - the timing couldn't have been better! So far, so good.

About 10 days before my wife had to depart, she received a call from the consulate to verify that the interview was, in fact, going to be for the IR1 case. The P4 packet would be expedited to her home address.

She never received the P4. There were 8 working days before she had to leave her home and it never arrived and we were not given a tracking number. Family members at that address say that the packet still has not arrived, even though 11 days have passed now.

My left and had her medical exam at an approved center, paid the fee, but the hospital insists that she must have the letter included in the P4 to process the documents. Apparently the med forms must be sealed together with all other documents by the hospital then taken by the applicant to the embassy - without the appointment letter for the IR1, they refuse to do this.

We can't find anyone at the consulate to answer for this - the phone service (which charges by the minute in China) deftly avoided answering our questions. They "don't have the authority to resolve this", and that it must be taken up with the consulate directly. The consulate there goes to great lengths to avoid any direct contact. Only fax and email are approved (usually with a 5 day turnaround). We have pursued both channels, but based on the turnaround time in the past, we don't expect to get a reply until the day before the interview (which is too late to resolve the problem with the medical center).

I do have two emails which might help the case at the consulate (even though the medical center refuses to acknowledge the validity of these):

*The first saying that the consulate has received the IR1 package and the case will be processed as such at the interview.

*The second states (perhaps incorrectly) that even though the P4 will be arriving imminently, all necessary forms can be downloaded from their site.

Pending some real help from the consulate, we are planning to use the interview invitation letter for the P3 to at least get the documents placed in the sealed envelope, then begging them to also include the other documentation for the IR1 as well. But the obstinate, by-the-book approach of the medical center doesn't bode well including the additional documents.

One other thing to note, is that I am still in the US, and cannot just walk into the embassy myself to try to resolve this.
Anyone here have a clue on how to handle this one? Any advice will be appreciated.
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