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

Armaghan
Hi folks,

I got an approval letter for my wife's K3 yesterday and today I got an email indicating that the I-130 had been approved as well!!! (Both about a 100 days) Though it is great news in both cases but now I am confused as to which avenue to pursue.

I know how long the NVC stuff for I-130 takes here and then the embassy takes their sweet time with immigration cases as well since I recently had filed for my mom. Can anyone tell me if the remaining process is any quicker for K3s as compared to IR1/CR1?

And again thanks all for your great guidance here, keep up the good work!

- Armaghan
aussiewench
As the K-3 petition is generally only at NVC for a short pit stop if not held up in security checks it will or should be 2-3 months ahead of the CR-1 process at minimum. You can opt to still only do the K-3. You can notify NVC once the petition arrives that you will be adjusting status in the US from a K-3 and they will return the approved petition to USCIS. If you decide to continue the processing of the I-130 for CR-1 through NVC you can keep the I-129F for K-3 as well and if the K-3 gets held up for any reason you still have the CR-1 option. Its all up to you. You can also opt to do the K-3 interview, keep the CR-1 option open..enter on the K-3, then return to the consulate for the CR-1 interview. Many take this option as if finance permits it is in general less time consuming then AOS and less of a pain in the butt.

All the best in whatever you decide.
simple_male
QUOTE(Armaghan @ Aug 1 2006, 04:46 PM) *

Hi folks,

I got an approval letter for my wife's K3 yesterday and today I got an email indicating that the I-130 had been approved as well!!! (Both about a 100 days) Though it is great news in both cases but now I am confused as to which avenue to pursue.

I know how long the NVC stuff for I-130 takes here and then the embassy takes their sweet time with immigration cases as well since I recently had filed for my mom. Can anyone tell me if the remaining process is any quicker for K3s as compared to IR1/CR1?

And again thanks all for your great guidance here, keep up the good work!

- Armaghan


Wow! Double Congratulations! For now, you should keep the both processes going. You will be able to make a decision after few weeks. Your K-3 should go to the US Embassy from NVC within 3 weeks, if it does not get held up by security check.
Armaghan
Thanks a lot guys, I will keep both the processes going!

Aussiewench since you mentioned that the AOS is more of a pain then an interview at the embassy can you please elaborate a bit?
aussiewench
QUOTE(Armaghan @ Aug 2 2006, 08:13 AM) *

Thanks a lot guys, I will keep both the processes going!

Aussiewench since you mentioned that the AOS is more of a pain then an interview at the embassy can you please elaborate a bit?

Depending on which Local Office you file with, it can take up to a couple of years. Overall it is a longer more drawn out process then doing the CR-1. Having the CR-1 immigrant visa means you do not have to do AOS as you gain the green card on entry. Nothing to do until 90 days prior to the two year anniversary of ones entry. If you want some insight into the AOS process have a read through the AOS forum.
ahlam ladida
Congratulations!!!! I am in the same boat as you are. My husband's I130 was approved 7-17 and the I129 was approved on 7-27. So now I guess we play another waiting game for a couple of weeks and see which one moves fastest from this point. I hope the embassy in Casablanca moves faster than the rest of Morocco. It's a beautiful, laid back country and things seem to move at a snails pace. And I am currsed with the patience of an American.
Sockmonkey
QUOTE(aussiewench @ Aug 1 2006, 05:58 PM) *

You can also opt to do the K-3 interview, keep the CR-1 option open..enter on the K-3, then return to the consulate for the CR-1 interview. Many take this option as if finance permits it is in general less time consuming then AOS and less of a pain in the butt.





Interesting. So you can actually take residence in the US on the K-3 and leave the CR-1 running? All one would have to do is go back to their home country and interview when their date came up, then claim the CR-1 when it's all finished? This sounds like a great idea for our situation, actually, when we get to that point. Sure would beat sitting around waiting for AOS!

So how does that work, in terms of leaving the country so soon after arrival? Isn't there a restriction on travel before status is adjusted?

Can you have paperwork going for AOS from the K-3 while you're waiting on the completion of a CR-1, so all bases are covered?
zenaelarabi
kicking.gif That is great news for you Congratulations
Armaghan
K3 visas are multiple entry visas valid for two years. So you can travel fine and indeed go back and complete the process in the country of origin.

QUOTE(JenM @ Aug 1 2006, 04:19 PM) *

QUOTE(aussiewench @ Aug 1 2006, 05:58 PM) *

You can also opt to do the K-3 interview, keep the CR-1 option open..enter on the K-3, then return to the consulate for the CR-1 interview. Many take this option as if finance permits it is in general less time consuming then AOS and less of a pain in the butt.





Interesting. So you can actually take residence in the US on the K-3 and leave the CR-1 running? All one would have to do is go back to their home country and interview when their date came up, then claim the CR-1 when it's all finished? This sounds like a great idea for our situation, actually, when we get to that point. Sure would beat sitting around waiting for AOS!

So how does that work, in terms of leaving the country so soon after arrival? Isn't there a restriction on travel before status is adjusted?

Can you have paperwork going for AOS from the K-3 while you're waiting on the completion of a CR-1, so all bases are covered?



QUOTE(aussiewench @ Aug 1 2006, 03:27 PM) *

QUOTE(Armaghan @ Aug 2 2006, 08:13 AM) *

Thanks a lot guys, I will keep both the processes going!

Aussiewench since you mentioned that the AOS is more of a pain then an interview at the embassy can you please elaborate a bit?

Depending on which Local Office you file with, it can take up to a couple of years. Overall it is a longer more drawn out process then doing the CR-1. Having the CR-1 immigrant visa means you do not have to do AOS as you gain the green card on entry. Nothing to do until 90 days prior to the two year anniversary of ones entry. If you want some insight into the AOS process have a read through the AOS forum.



So does that mean that since the interview process should already be there by then that its better to just let the interview process go through. It seems that the dates for AOS at my local office are February 06 which doesn't seem like they are running that far behind, but I will read through the AOS forum.

Thanks!
simple_male
QUOTE(JenM @ Aug 1 2006, 06:19 PM) *

QUOTE(aussiewench @ Aug 1 2006, 05:58 PM) *

You can also opt to do the K-3 interview, keep the CR-1 option open..enter on the K-3, then return to the consulate for the CR-1 interview. Many take this option as if finance permits it is in general less time consuming then AOS and less of a pain in the butt.





Interesting. So you can actually take residence in the US on the K-3 and leave the CR-1 running? All one would have to do is go back to their home country and interview when their date came up, then claim the CR-1 when it's all finished? This sounds like a great idea for our situation, actually, when we get to that point. Sure would beat sitting around waiting for AOS!

So how does that work, in terms of leaving the country so soon after arrival? Isn't there a restriction on travel before status is adjusted?

Can you have paperwork going for AOS from the K-3 while you're waiting on the completion of a CR-1, so all bases are covered?


Once you are in US with your K-3 visa either you can start your Adjustment of Status here and cancel the CR-1 (I-130) process. The adjustment of status can take up to 2 years to be complete. Or you wait for your CR-1 process to be complete at the NVC and then go back to your home country for the interview at the US Embassy. As soon as you enter into the USA with your CR-1 visa, you are a permanent resident of USA. So you don't have to do any Adjustment of status here. Just 90 days prior to your 2 years' anniversary of your US entrry, both you and your spouse have to apply for to remove the conditions and they wil grant you the permanent green card. By the way, K-3 visa is a multiple entry visa which is valid for 2 years. So you won't have anything to worry about travelling from and to USA.
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