Hello,

Can anyone help me and tell me what is a IR1/CR1 and how is it different from the I-130 patition, I am so confuss and need to fill one of these but dont' know which!


Thank you so Much..

-alex

http://www.visajourney.com/forums/index.ph...mp;page=compare

I know that but it is not HELPING me!!!

I-130 is the petition that is filed with the USCIS to get an CR-1 or IR-1. CR-1 is issued in cases where marriage is less than 2 years and IR-1 is for over 2 years married.

You are confusing the application Family immigrant Visa Petition form I-130 with what is being applied for the visa its self.

http://www.visajourney.com/forums/index.ph...mp;page=compare

And http://travel.state.gov/visa/immigrants/ty...types_1315.html

I was reading your posts this morning and could after some reading them all in total figure out what you were asking.

If you cancel the I-129F fiance petition, it is cancled and you forget about it.

You go overseas and marry your fiance and return to the states, you have 2 options for visas for her, K-3 or CR-1 lately the approval time for either is about the same length of time CR-1 takes a little longer maybe a month or so.

Here are how they work:

CR-1 is the one where you just submit I-130 and don't file the I-129F, takes a bit longer, but when your wife enters the USA she will have 2 year green card and SS number and will be able to work. NO AOS interview needed since she will enter the country in an Immigrant visa.

K-3, much like CR-1 You file an I-130, and when you get receipt (NOA1) from the I-130 you then file an I-120F, The I-129F generates the K-3 visa and may shorten the separation time by a few weeks. The down side of the option is that your wife enters the country as a non-immigrant, and then needs to Adjust Status (AOS) here another interview, and a no green card untill then requiring getting EAD, and SS card, much like a K-1. (You won't be recycling your old I-129F but submitting a new one)

The reason for the two options are at one time K-1 was taking nearly half the time to get than CR-1, so the K-3 was developed to allow married couples similar separation times as engaged couples.

Personally I would just do the CR-1 verses the K-3 the few weeks apart and having the LPR status and not having to do AOS just makes more sense.

The beneficiary doesn't need to go through the AOS process if they return to their home country for the CR-1 interview.

Yes but the cost of a round trip ticket to the return to the foreign country just to do a CR-1 interview is a bit much to take when doing AOS in the states makes more sense when doing a K-3 visa, the whole point of the K-3 visa is to get over to the states a bit faster and doing AOS instead of CR-1 interview. It may not be much of a problem either way if a person is doing a K-3 from a bordering country like Canada just a short flight or drive to Montreal or Vancouver, but flying back to the Philippians just to do a CR-1 interview makes absolutely no sense.

YuAndDan,

Maybe not. Then again, maybe it does make sense. We have no idea what factors in alex's situation might make one way or the other more attractive. Many K3s do fly back overseas for an immigrant visa rather than adjust status.

In any event, your statement "then needs to Adjust Status (AOS) here" is not correct and is misleading not only to alex but also to anyone else who might be in a similar situation and wants to know what their options are.

Yodrak