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Full Version: CR-1 & K-3 Approved with in 2 hours of each other!
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

Tony & Olga
Hello everyone!

I am relatively new here and have been trying to navigate the legal and sometimes confusing logistics of the legal immigration process.

Like many of you, I was married in Colombia back in August and came back to the US to file my paper work! I filed the I-130 in September and after receiving my NOA1, I promptly filed my I-129F K-3 paper Work. I received an email on both shortly after my initial filing that both petitions had been transferred to the California processing facility.

Now, I just received emails that both the petitions were approved with in two hours of each other!

My question to those of you who have experience and knowledge of these issues are: Which do I pursue at this point? Both? or just go for the CR-1? Would the K-3 still be faster at this point?

Any thoughts, suggestions or comments are greatly appreciated!

Good luck to all in there pursuits....Tony
riblet
It seems like what most people do in this case is continue to pursue both if they can afford it.

The K3 is only held at the NVC for a very short time before it is transferred to the consulate, while the IR/CR1 can be at the NVC much longer (maybe 2 - 6 months) before getting to the consulate.

Some people choose to pursue both, and then interview for the K3, and return to their country for the CR/IR1 interview. I have also heard of situations where people had a K3 interview scheduled, then the IR/CR1 reached the consulate, and they were able to switch the interview.

If the IR/CR1 reaches the consulate first, then the consulate will ignore the K3 when it arrives.

Hope this is a bit helpful, I obviously haven't reached this point yet smile.gif

QUOTE(Tony & Olga @ Nov 16 2006, 10:03 AM) *

Hello everyone!

I am relatively new here and have been trying to navigate the legal and sometimes confusing logistics of the legal immigration process.

Like many of you, I was married in Colombia back in August and came back to the US to file my paper work! I filed the I-130 in September and after receiving my NOA1, I promptly filed my I-129F K-3 paper Work. I received an email on both shortly after my initial filing that both petitions had been transferred to the California processing facility.

Now, I just received emails that both the petitions were approved with in two hours of each other!

My question to those of you who have experience and knowledge of these issues are: Which do I pursue at this point? Both? or just go for the CR-1? Would the K-3 still be faster at this point?

Any thoughts, suggestions or comments are greatly appreciated!

Good luck to all in there pursuits....Tony

aussiewench
Tony & Olga

Be aware of the following if you are wishing to continue both paths and/or if you are granted and enter the US from the K-3 and wish to return to the consulate for the CR-1 visa.

QUOTE
Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

What did you indicate on the I-130 in Q22?
simple_male
Congratulations! For now, you can keep both processes going.


QUOTE(Tony & Olga @ Nov 16 2006, 11:03 AM) *

Hello everyone!

I am relatively new here and have been trying to navigate the legal and sometimes confusing logistics of the legal immigration process.

Like many of you, I was married in Colombia back in August and came back to the US to file my paper work! I filed the I-130 in September and after receiving my NOA1, I promptly filed my I-129F K-3 paper Work. I received an email on both shortly after my initial filing that both petitions had been transferred to the California processing facility.

Now, I just received emails that both the petitions were approved with in two hours of each other!

My question to those of you who have experience and knowledge of these issues are: Which do I pursue at this point? Both? or just go for the CR-1? Would the K-3 still be faster at this point?

Any thoughts, suggestions or comments are greatly appreciated!

Good luck to all in there pursuits....Tony

KimTung
Hi Lorelle,

Im very concern with this memorandum from uscis. We are pursuing both CR and K3 visa. Im thinking that around early next year I will be interview for K3 visa (hopefully).

On the Form I-130 Q22 I put the Consulate address on it. What if we choose to do the Adjustment of Status, will it still be an option available for us or no more? Just go back to Consulate for the CR1 interview?

Thanks
aussiewench
QUOTE(KimTung @ Nov 18 2006, 02:28 AM) *

Hi Lorelle,

Im very concern with this memorandum from uscis. We are pursuing both CR and K3 visa. Im thinking that around early next year I will be interview for K3 visa (hopefully).

On the Form I-130 Q22 I put the Consulate address on it. What if we choose to do the Adjustment of Status, will it still be an option available for us or no more? Just go back to Consulate for the CR1 interview?

Thanks

KimTung

You are way past this stage as your case at NVC is at the IV Fee and AOS stage, and your I-129F is already in Manila according to your timeline. If your case at NVC reaches Manila prior to your K-3 interview it will override the K-3 and you will interview for the CR-1. If there is already a K-3 interview, some consulates will just switch it to the CR-1 where you will retain the same interview date. Other consulates cancel the K-3 interview and reschedule for the CR-1. I'm not sure what Manila does, but hopefully someone will.

To try and reply to your question though....
I honestly don't know if there is going to be any ramifications once an I-130 has been transferred to the NVC and that process started, or whether it will remain the same and one can just have their I-130 returned to USCIS because they are now adjusting status in the US from the K-3. From the USCIS press release they are implementing this process to cut down on unnecessary movement of files and the cost involved. It makes no mention of what would happen in the scenario you mention. Time will tell just as with any new process.

meauxna
QUOTE(Tony & Olga @ Nov 16 2006, 07:03 AM) *

My question to those of you who have experience and knowledge of these issues are: Which do I pursue at this point? Both? or just go for the CR-1? Would the K-3 still be faster at this point?

Tony:
There is no short answer to your question; you're going to have to piece together the info.

The Immigrant Visa (CR) will take another 3 or so months going through the NVC.

The K-3 application should get to the Consulate within 2 months.

The IV is the complete package. When the immigrant enters with that visa, they become a Permanent Resident immediately.

With a K-3 entry, the immigrant still has to do more work to become a PR. Personally, I think it is better to wait for the IV, but I understand that some people just can't wait another day.
Tony & Olga
QUOTE(meauxna @ Nov 18 2006, 12:56 PM) *

QUOTE(Tony & Olga @ Nov 16 2006, 07:03 AM) *

My question to those of you who have experience and knowledge of these issues are: Which do I pursue at this point? Both? or just go for the CR-1? Would the K-3 still be faster at this point?

Tony:
There is no short answer to your question; you're going to have to piece together the info.

The Immigrant Visa (CR) will take another 3 or so months going through the NVC.

The K-3 application should get to the Consulate within 2 months.

The IV is the complete package. When the immigrant enters with that visa, they become a Permanent Resident immediately.

With a K-3 entry, the immigrant still has to do more work to become a PR. Personally, I think it is better to wait for the IV, but I understand that some people just can't wait another day.


Thanks for all the Info at this point due to CSC holding the CR1 VISA because they mis read the question 22 info on my Petition, I will pursue the K 3 Visa!
Michael and Milahjean
Regarding Aussiewench's comments, we are at the doorstep now at Manila. NVC completed our CR-1 case on Nov 15 and the I-129F for K3 was approved Nov 20. I, too, am very anxious to see what happens. We are continuing to follow both options. I will advise as the story unfolds.
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