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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

Paris Heart
Hello Everyone,
Over the past few weeks, Ive done a lot of reading of posting, I filed a I-130 got my receipt then filed a I-129F for a K3 visa for my husband, cause I thought it was the quickest to get him here, should I canel the I-125F and just go with the I-130???? How is a IR1/CR1 any different from what I filed??? Im so confused.

But what if USICS only approves 1 petition, how will that effect us time wise I mean. Which is the best petition to be with, and will canceling a petiton delayus even further?????? I wish I found VJ BEFORE I filed any petitions.
Thanks for any guidance you can give me. Good luck to all of us.

Paris Heart
jeca
I don't think you should cancel your I-129F.Leave it as it is.I don't think I-129F can harm your I-130.I see people who filed both petitions being approved for I-130 only and I-129F didn't prolong or delay anything.So if your I-129F gets approved that's great but if not you stick with I-130 that's an immigrant visa.You'll wait a couple of months more but at least you won't go through AOS and spend extra money.I know you want to be with your husband asap, I want that too, but there isn't much we can do at this point.We'll just have to wait and see what happens.It is frustrating but we have no control of it for now.
pushbrk
QUOTE(Paris Heart @ Apr 10 2008, 08:42 AM) *
Hello Everyone,
Over the past few weeks, Ive done a lot of reading of posting, I filed a I-130 got my receipt then filed a I-129F for a K3 visa for my husband, cause I thought it was the quickest to get him here, should I canel the I-125F and just go with the I-130???? How is a IR1/CR1 any different from what I filed??? Im so confused.

But what if USICS only approves 1 petition, how will that effect us time wise I mean. Which is the best petition to be with, and will canceling a petiton delayus even further?????? I wish I found VJ BEFORE I filed any petitions.
Thanks for any guidance you can give me. Good luck to all of us.

Paris Heart


No, I wouldn't cancel anything but as I've typed at least a hundred times, "If you want an immigrant visa, don't file an I-129F for spouse."

The guides will spell out the difference between the two visas. You are now effectively on the K3 path. K3 is a non-immigrant visa that allows adjustment to permanent resident. CR1 and IR1 are immigrant visas that don't need any adjustment of status after arrival.
Paris Heart
QUOTE(pushbrk @ Apr 10 2008, 10:52 AM) *
QUOTE(Paris Heart @ Apr 10 2008, 08:42 AM) *
Hello Everyone,
Over the past few weeks, Ive done a lot of reading of posting, I filed a I-130 got my receipt then filed a I-129F for a K3 visa for my husband, cause I thought it was the quickest to get him here, should I canel the I-125F and just go with the I-130???? How is a IR1/CR1 any different from what I filed??? Im so confused.

But what if USICS only approves 1 petition, how will that effect us time wise I mean. Which is the best petition to be with, and will canceling a petiton delayus even further?????? I wish I found VJ BEFORE I filed any petitions.
Thanks for any guidance you can give me. Good luck to all of us.

Paris Heart


No, I wouldn't cancel anything but as I've typed at least a hundred times, "If you want an immigrant visa, don't file an I-129F for spouse."

The guides will spell out the difference between the two visas. You are now effectively on the K3 path.


Thank you Jeca and Pushbrk, I have read the guide lines, and its just confusing!!! Okay, i will leave well enough alone, and wait it out. I use to dealing with DHS the import side, not the Immigration side.
YuAndDan
I have read of others who have tried, only to have USCIS cancel both I-130 and I-129F.

Once you file the I-129F they are linked, the decision to go K-3 OR CR-1 needs to be made BEFORE filing the I-129F.

K-3 requires adjustment of status after entry to the USA, ($1010) and is NOT work authorized, so cannot do things like work, apply for SSN, or get a driver's license until they have EAD or Green-card. EAD takes 90 days or more to get.

CR-1 is an immigrant visa, it results in a green-card upon entry to the USA, so CAN work, apply for SSN and get a driver's license, and work shortly after coming to the USA.
Paris Heart
QUOTE(YuAndDan @ Apr 10 2008, 11:24 AM) *
I have read of others who have tried, only to have USCIS cancel both I-130 and I-129F.

Once you file the I-129F they are linked, the decision to go K-3 OR CR-1 needs to be made BEFORE filing the I-129F.

K-3 requires adjustment of status after entry to the USA, ($1010) and is NOT work authorized, so cannot do things like work, apply for SSN, or get a driver's license until they have EAD or Green-card. EAD takes 90 days or more to get.

CR-1 is an immigrant visa, it results in a green-card upon entry to the USA, so CAN work, apply for SSN and get a driver's license, and work shortly after coming to the USA.


YuAndDan,
THANK YOU!!! NOW, I understand. What are my chances of getting a CR-1 with the petitins I filed? Im sorry if this is a stupid question, but dont ask, dont know.
Paris Heart
jeca
I have written about this many times, Vermont doesn't seem to be approving I-129F for K3.So I would say that the chances to continue with CR1 are pretty good.
jeffmich2007
QUOTE(jeca @ Apr 10 2008, 11:34 AM) *
I have written about this many times, Vermont doesn't seem to be approving I-129F for K3.So I would say that the chances to continue with CR1 are pretty good.



I certainly hope Vermont approve K3 because thats what i am applying for ! Our Attorney clearly noted on our application that we will AOS when in US so fingers crossed I get K3 for me and K4 for my son smile.gif

Out of curiosity where did u see Vermont are NOT approving K3 ? If this is the case then i have waited out almost 7 months for nothing ! sad.gif

Michelle
jeca
Check out timelines!You'll see that they haven't approved any for two or three months.I cannot say anything for certain just what I saw in those timelines
Paris Heart
QUOTE(jeca @ Apr 10 2008, 11:34 AM) *
I have written about this many times, Vermont doesn't seem to be approving I-129F for K3.So I would say that the chances to continue with CR1 are pretty good.


Thanks Jeca again. Keep fingers crossed "tightly"
Paris heart
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