Hello all---
I am in Nicaragua and about to marry my Nicaraguan fiance. Unfortunately, I have to leave soon to go back to my work and school in the United States. We are going to apply for a visa to bring him to the states as my husband, and are trying to figure out which is the best route to take, the k-3 or the cr-1. I have been reading the guides, but still am having a hard time locating the pros and the cons of the both. Feedback on either of these proccesses and how they compare--- general processing times, proof needed after weŽre together in the states (not sure how many things weŽll own together in a joint name right away...), etc etc.
Look forward to hearing from you.... thanks!
Full Version: ProŽs and ConŽs of CR1 vs. K3?
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion
QUOTE(rcc04 @ Nov 15 2006, 12:02 PM) 
Hello all---
I am in Nicaragua and about to marry my Nicaraguan fiance. Unfortunately, I have to leave soon to go back to my work and school in the United States. We are going to apply for a visa to bring him to the states as my husband, and are trying to figure out which is the best route to take, the k-3 or the cr-1. I have been reading the guides, but still am having a hard time locating the pros and the cons of the both. Feedback on either of these proccesses and how they compare--- general processing times, proof needed after weŽre together in the states (not sure how many things weŽll own together in a joint name right away...), etc etc.
Look forward to hearing from you.... thanks!
check this link..
http://www.visajourney.com/forums/index.ph...mp;page=compare
There are only two advantages to the K-3 over the CR-1 that I can think of: The K-3 can sometimes be faster, and it only requires an I-134 affidavit of support at the consulate, instead of the I-864 that's required of the IR-1/CR-1. Adjustment of status will eventually require that same I-864, but by then, you may be able to combine incomes of both spouses.
The IR-1/CR-1 is superior to the K-3 in virtually every other respect. No adjustment of status is required. No paperwork at all is required until removal of conditions, almost two years after entry (and that's only needed if the marriage is less than two years old at the time of entry). Social security card comes automatically, no employment authorization is needed, LPR status starts immediately upon entry.
Note that the filing process for the K-3 starts by filing the I-130. That I-130 will eventually result in an IR-1/CR-1 visa if you pursue it to completion. So the K-3 vs. CR-1 decision isn't an either/or. You either start the CR-1 alone, or you start both the CR-1 and the K-3, and watch them "race" each other through the system. You can take whichever one wins the race. You can even take the K-3, enter the US, and then go back to the consulate and get the CR-1 when it's ready. Other than the filing fee, there's really no downside to filing for the K-3 once you've started the CR-1. Since it might provide a shortcut, most people file for it. You can always abandon the K-3 when the race is nearly complete, if the CR-1 is winning or if the timelines are close enough that it doesn't matter.
The IR-1/CR-1 is superior to the K-3 in virtually every other respect. No adjustment of status is required. No paperwork at all is required until removal of conditions, almost two years after entry (and that's only needed if the marriage is less than two years old at the time of entry). Social security card comes automatically, no employment authorization is needed, LPR status starts immediately upon entry.
Note that the filing process for the K-3 starts by filing the I-130. That I-130 will eventually result in an IR-1/CR-1 visa if you pursue it to completion. So the K-3 vs. CR-1 decision isn't an either/or. You either start the CR-1 alone, or you start both the CR-1 and the K-3, and watch them "race" each other through the system. You can take whichever one wins the race. You can even take the K-3, enter the US, and then go back to the consulate and get the CR-1 when it's ready. Other than the filing fee, there's really no downside to filing for the K-3 once you've started the CR-1. Since it might provide a shortcut, most people file for it. You can always abandon the K-3 when the race is nearly complete, if the CR-1 is winning or if the timelines are close enough that it doesn't matter.
lucyrich explained it well. You can read the K-3, CR-1 guides at those forums to understand both process better.
There are only two advantages to the K-3 over the CR-1 that I can think of: The K-3 can sometimes be faster, and it only requires an I-134 affidavit of support at the consulate, instead of the I-864 that's required of the IR-1/CR-1. Adjustment of status will eventually require that same I-864, but by then, you may be able to combine incomes of both spouses.
The IR-1/CR-1 is superior to the K-3 in virtually every other respect. No adjustment of status is required. No paperwork at all is required until removal of conditions, almost two years after entry (and that's only needed if the marriage is less than two years old at the time of entry). Social security card comes automatically, no employment authorization is needed, LPR status starts immediately upon entry.
Note that the filing process for the K-3 starts by filing the I-130. That I-130 will eventually result in an IR-1/CR-1 visa if you pursue it to completion. So the K-3 vs. CR-1 decision isn't an either/or. You either start the CR-1 alone, or you start both the CR-1 and the K-3, and watch them "race" each other through the system. You can take whichever one wins the race. You can even take the K-3, enter the US, and then go back to the consulate and get the CR-1 when it's ready. Other than the filing fee, there's really no downside to filing for the K-3 once you've started the CR-1. Since it might provide a shortcut, most people file for it. You can always abandon the K-3 when the race is nearly complete, if the CR-1 is winning or if the timelines are close enough that it doesn't matter.
QUOTE(lucyrich @ Nov 15 2006, 02:59 PM)
There are only two advantages to the K-3 over the CR-1 that I can think of: The K-3 can sometimes be faster, and it only requires an I-134 affidavit of support at the consulate, instead of the I-864 that's required of the IR-1/CR-1. Adjustment of status will eventually require that same I-864, but by then, you may be able to combine incomes of both spouses.
The IR-1/CR-1 is superior to the K-3 in virtually every other respect. No adjustment of status is required. No paperwork at all is required until removal of conditions, almost two years after entry (and that's only needed if the marriage is less than two years old at the time of entry). Social security card comes automatically, no employment authorization is needed, LPR status starts immediately upon entry.
Note that the filing process for the K-3 starts by filing the I-130. That I-130 will eventually result in an IR-1/CR-1 visa if you pursue it to completion. So the K-3 vs. CR-1 decision isn't an either/or. You either start the CR-1 alone, or you start both the CR-1 and the K-3, and watch them "race" each other through the system. You can take whichever one wins the race. You can even take the K-3, enter the US, and then go back to the consulate and get the CR-1 when it's ready. Other than the filing fee, there's really no downside to filing for the K-3 once you've started the CR-1. Since it might provide a shortcut, most people file for it. You can always abandon the K-3 when the race is nearly complete, if the CR-1 is winning or if the timelines are close enough that it doesn't matter.
Check your email... I responded to yours. 
Lucyrich's comparison is so clear, concise and accurate that, maybe, it should get pinned!
QUOTE(lucyrich @ Nov 15 2006, 01:59 PM)
There are only two advantages to the K-3 over the CR-1 that I can think of: The K-3 can sometimes be faster, and it only requires an I-134 affidavit of support at the consulate, instead of the I-864 that's required of the IR-1/CR-1. Adjustment of status will eventually require that same I-864, but by then, you may be able to combine incomes of both spouses.
The IR-1/CR-1 is superior to the K-3 in virtually every other respect. No adjustment of status is required. No paperwork at all is required until removal of conditions, almost two years after entry (and that's only needed if the marriage is less than two years old at the time of entry). Social security card comes automatically, no employment authorization is needed, LPR status starts immediately upon entry.
Note that the filing process for the K-3 starts by filing the I-130. That I-130 will eventually result in an IR-1/CR-1 visa if you pursue it to completion. So the K-3 vs. CR-1 decision isn't an either/or. You either start the CR-1 alone, or you start both the CR-1 and the K-3, and watch them "race" each other through the system. You can take whichever one wins the race. You can even take the K-3, enter the US, and then go back to the consulate and get the CR-1 when it's ready. Other than the filing fee, there's really no downside to filing for the K-3 once you've started the CR-1. Since it might provide a shortcut, most people file for it. You can always abandon the K-3 when the race is nearly complete, if the CR-1 is winning or if the timelines are close enough that it doesn't matter.
In addition. You must now also clearly indicate on the I-130 that the beneficiary will use the consular process, or the I-130 will be held at USCIS (not forwarded to NVC). An I-824 (fee $200) would then need to be filed to have the approved I.30 transferred to NVC
Exerpt from the new procedures.....
If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC
http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf
So , just to be clear............we have both our I-129F and our I-130 approved. If I do NOT file form I-824, Application for Action on an Approved Application or Petition, then the I-130 will not ever reach the NVC, but will sit at the NRC until we opt to adjust status?
......and at what point do I file that particular form? Does it required the accompaniment of the NOA2?
......and at what point do I file that particular form? Does it required the accompaniment of the NOA2?
QUOTE(CutienPurg @ Nov 20 2006, 02:13 AM)
So , just to be clear............we have both our I-129F and our I-130 approved. If I do NOT file form I-824, Application for Action on an Approved Application or Petition, then the I-130 will not ever reach the NVC, but will sit at the NRC until we opt to adjust status?
......and at what point do I file that particular form? Does it required the accompaniment of the NOA2?
According to the press release, you would only need to file the I-824 if you didn't indicate on the I-130 that you will be applying for a visa at a consulate abroad. If you indicated such, the I-130 will be forwarded to NVC.
well , we did not indicate on the I-130 that we would like consular processing. I apparently misunderstood that instruction and indicated " n/a " for that answer.
So based on that, is it correct to assume that without filing the I-824 form our only option at this point is AOS ?
So based on that, is it correct to assume that without filing the I-824 form our only option at this point is AOS ?
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