I've been reading around VJ and seen it mentioned multiple times that USCIS has changed the policies around how the IR1 and K-3 are simultaneously processed.

So my understanding is that if the K-3 visa is approved first, the I-130 will be put on halt and the K-3 will follow through th normal process. However, if the I-130 is approved first, followed soon after by the K-3, you have a choice to which one you want to push forward with...

Did I get this right?

Ok, having done that, how does the choice you make impact further...

I understand so far that if you pursue with the K-3, then it might get processed faster than the I-130 (is this true?). So we'll be reunited sooner.....!

But I just want to understand the flipside of making that choice -
- how many months does it add to her getting a green card
- how much additionally will it cost us (not just filing fees but any other hidden costs??)
- how soon will she be able to work once she arrives here (i.e. other forms and processing that would slow things down)

Thanks!
/UM

/UM,

Not really.

IR1 and K3 are visas. The USCIS does not process visas. The USCIS processes the prerequisite petitions.

If the I-129f petition is approved first the I-130 petition is not put on hold. It is processed to completion (approved or not approved). Then the USCIS holds on to it until it is needed for adjustment of status. Or, if the petitioner requests that it be sent on to the DoS, the USCIS will send it to the DoS.

Yodrak

Got it, I actually meant petitions. And what happens to the K3 if the I-130 petition is approved first?

Could you also elaborate more on the impacts of chosing one Vs. the other on costs, employment, etc?

Thanks!
/UM

/UM,

What happens to the what? (Severe case of short-term memory loss, one sentence to the next?)

No. Every case will be different depending on the situations of the people involved. Only you and yours know all the details of your situation, you'll have to work out some scenarios for yourself.

Yodrak

Still trying to get a handle on it myself!

My understanding is that the IR visa takes months longer. The advantage is that she can start working as soon as she gets here, and we don't have to reapply.

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

In our case, my wife is separated from our baby, and she's never been here before, so I figure that she won't be working for a while when she does get here. With any luck she'll get here in the summer. If she gets here in the winter when the weathers bad as her first impression she might run screaming back home!!!

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

/UM

A couple of things. If you find that the I-130 is approved before the I-129F and forwarded to NVC for you to continue the process to apply for an immigrant visa, chances are pretty good that you will interview for this visa over the K-3. Reason: even if the I-129F is approved whilst your I-130 petition is still at NVC; once your approved I-130 and visa case arrives at the consulate/embassy, it will over-ride the K-3 even if a K-3 interview is scheduled already.

Providing your file for the immigrant visa isn't held up in security checks for any great length of time at NVC, on average you are looking at 3-4 months to get through this stage. (sometimes quicker, sometimes longer). To roughly work out time frames further, find out how long it takes to have Immigrant visas scheduled as opposed to K visas. Some consulates will vary quite a deal between the two, others not.

Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can check on the processing times for the Office that you will have to file AOS through, by checking on the USCIS site.

If your I-130 is held at the service center and the entry is made on the K-3, there is two options....to apply to adjust status in the US, or by filing the I-824 to have the I-130 transferred to NVC and then when complete and forwarded to the consulate, where one would return to the consulate for the immigrant visa. The processing time for the I-824 is showing 6 months so its not just a matter of filing the form/fee and it being automatically transferred.


Hope that is not too mixed up. Not easy to always put some things into words.

Aussiewench,

I had assumed the same with the CR-1 overriding the K-3, but in our pending case at Manila it didn't happen. We were scheduled for our CR-1 interview by NVC on February 2 (March 15 interview), then the Embassy scheduled our K-3 interview on February 15 (April 23). I don't know why exactly. Our case is the only case I know of where this has happened. We're letting the K-3 ride pending the results of the CR-1 interview next week. If all goes well, we'll cancel the K-3 interview and will open that 7:30 am slot for someone else.

It's been a very interesting process, but we're near the end and I'm so anxious now. Got those last second jitters.

Been wondering where you have been. Good luck to everyone!!!

Michael

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

heheheh

hey suave, just back from a week underwater at La Paz--pretty slick dives, if you haven't been there yet!

Cool,

Did you tell Mr. Hagar hello for me. Did you dive the sand falls? I love La Paz.

t

bah, he wasn't taking my calls this time!
We didn't go down that way (did my first ever dives on the sand falls tho!). Went out of La Paz for the tiberones (no los vi).
68 degrees does *not* = 3mm weather! brrr

Thanks aussiewench! Appreciate you taking out time to provide such a detailed response. I am a little confused about some aspects still so will try and chime in below:



Got it... so preferably it works to my favor that the I-130 gets approved and forwarded to NVC before the I-129F as it leaves options open without me having to pay an extra $200 bucks for the I-824, right?




So I need to find out how long it takes for CR1 and K3 interviews to be set up at the Mumbai consulate once each is approved at the NVC. Any thoughts on how I go about doing this? Is this readily available on VJ somewhere? I remember someone mentioned on a post somewhere that from NVC approval to Mumbai consulate scheduling an interview for I-130 is 4 months?!



Hmm, currently it says that CSC is processing AOS (I-485) for Aug 21st '06 which means its about 6 months processing time... and Employment Authorization (I-765) for Dec 4th '06, which means about 3 months processing time.

So assuming I go with the K-3, and the K-3 gets processed 2 months (?) faster than the I-130, for my wife to be able to work it would work out as follows:

K3 Timeline from visa approval: Atleast 3 months before she can work
K3 Additional Cost: I-485 Filing fee ($325) + Biometrics Fee ($70) + I-765 Filing Fee ($180) = Total cost of $575 + Atleast 1 month opportunity cost

Vs.

I-130 Timeline: 2 months additional wait than K3 approval, but she can work immediately on arrival
I-130 Additional Cost: None

So based on this is it fair to assume that it is more cost effective and faster from an employment perspective to follow the I-130 path, assuming there are no hiccups in the process? Or am I making an error here?




So if I understood this correctly, in the first option we'd follow the process of adjusting status in the US which as calculated above would cost around $575... or we can file the I-824 which would cost $200 plus she would have to fly back to India for an interview at the consulate, so about $1300 for her roundtrip plane ticket....




Absolutely agree, I'm having a hard time asking some of my questions so I'm sure its tough when trying to answer people on VJ. once again, thank you for helping.

While I don't want to overanalyze stuff and money is not the biggest issue... the reason I'm asking all this is to understand timelines for my wife to be able to start working. We're trying to do some life planning, and if I'm going to go to MBA school full-time we want to see what's our best option to have atleast one income coming in to manage daily expenses while still reducing our time apart....

Best,
/UM

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

Thanks!
/UM

You can enter on the K-3. It is a multiple entry visa valid for two years. So you will not "need" advanced parole for two years. Our case is unusual in the amount of time it is taking. After two years your spouse will need to have advanced parole in hand prior to departing the US if she wishes to be allowed to return. Hopefully your spouse will have her greencard by then and it will not be necesssary. If she does not wish to ever leave the country she will not need one. But what if a family emergency arises. It takes time to get the AP.

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

This is great info... Thanks!



I'm still a little confused here.... so by this you meant that I need to file for AOS as soon as NVC approves my I-130 (and might keep in on hold while the K3 comes through) but wait until she arrives in the US on a K3, right?



She will definitely be working, but you said something about this being an annual cost.... so for every year that she is waiting for AOS to be approved, we have to keep re-filing the EAD?

/UM

I don't think that is correct so I hope someone more knowledgeable than me chimes in here.

I think the price for both options are the same.

This is true. Also, keep in mind that the $575 is current pricing, these will go up more than 50% some time this year, so it'll probably be over $1000. Yikes!

The prices are correct, I just checked them with the USCIS web site.

t,

When did I ever advocate that? As long as an I-130 has been submitted an I-485 will be accepted for processing. The I-130 will be approved before the I-485 is approved, if only minutes before. No need to delay submitting I-485 waiting for the I-130 to be approved.

Consider also the case of someone adjusting status from some non-immigrant classification other than K, in which case the I-130 and I-485 are submitted together. No wait to submit I-485 until after the I-130 has been submitted and approved.

It's also quite similar to the situation of applying for citizenship prior to removal of conditions having been approved. The petition to remove conditions must and will be approved before the application for citizenship is approved, but that's not the same thing as saying that the petition to remove conditions must be approved before the application for citizenship can be submitted.

Yodrak

/UM,

NVC does not approve the I-130. USCIS approves I-130. I-130 does not get sent to the NVC unless and until it has been approved.

Your spouse can apply for AOS as soon as she wants to after arriving in the USA, whether or not your I-130 has been approved. The I-130 will be approved by the time the I-485 is approved. It's becoming a moot point these days, since I-130 approval is taking much less time than it used to in most cases. But in the event that I-130 has still not been approved when a K3 arrives in the USA it does not mean that the K3 cannot immediately apply for AOS.

My K3 wife held off on applying for AOS for a few weeks after entry so as to first apply for her EA. Like a K1, EA based on K3 status is good for the duration of the I-94. Not so good for a K1, but great for a K3.

Yodrak

Thanks Yodrak, this helps!

From what I've seen most people are reporting that their I-129F & I-130's are approved on the same day. Ours was that way. The I-129F was sent on and the I-130 was retained.

Since you've probabaly been watching, maybe you can tell me... do you know of any other I-130s filed around your time at the same SC that have NOT yet been approved? There's a rumor that filing I-129f somehow accelerates I-130 processing, with the backhanded prize of the K-3 instead of a shot at an IV of course.

Appreciate any ideas you've got.

You have additional costs at the NVC and interview stage.

NVC
AOS Bill = $70
IV Bill (for visa application) = $380
Cost of any documentation requested by NVC eg Police Certificate if required to be sent.

Interview - Vaccinations, Medical, Police Certificate (if not already submitted to NVC)

From an employment perspective, yes it is faster as the immigrant visa is the Green Card and are able to work straight away. There is no applying for EAD.

I would take note as well of meauxna's post on what may be happening.

Hiya:
We received our approvals for both K3 and I-130 at the same day and since we were confused on which way to go, we called our lawyer who said that the I-130 to be processed willtake 6 to 9 months longer than the K3????????
NVC has sent a letter with a case number that our file has been sent to Cyprus for the K3 (Where we got married) though I am a resident of Egypt but looks like this is the way it is done for the K3

Anyone, has any idea on what happens next?
I e-mailed the US embassy in Cyprus this morning as I am really worried about the mail status in Cairo
So any insights so at least I will be ready as I will have to travel to Cyprus and do not want to have any surprises there?

Thank you for all your help

The reason why your lawyer is saying that going with the I-130 now instead of the I-129F is because you will need to file an I-824 to go that route, and that'll take 6-9 months to process. It's less expensive now (and faster) to go with the I-129F.

And yes, the next step is to keep contacting the embassy in Cyprus to follow up on your case just in case the paperwork gets misplaced.

Oh this just gets more precious by the day....


I did not know that the I-824 took that long. What a ripoff.

Yeah it sure is. They planned this well for their coffers and for whatever reason to force people into the K-3. Perhaps there is some deep-seated agenda so as even more background/security checks are done in the US with the AOS which seem to be more indepth then those generally doing the Immigrant Visa. I don't really know, just throwing some thoughts out.

According to the processing dates the I-824 is showing at 6 months and the ones I do know of that filed the I-824 months ago, are still waiting. It would be like those that had their I-129F called back with the IMBRA (and we know how long that took). The I-130's would have to be brought back from the records center and then rerouted to the NVC. A snails pace to do something that should realistically only take a take a couple of weeks max. Then again apparently the I-824 needs approval lol Gawd knows why when it comes to an approved I-130 being transferred to the NVC under these circumstances........what should just be a normal process that is now being paid extra for.

Well, USCIS needs to make their bucks somehow so they can hire more people. And what better way to do it than to rip us off but putting a whole bunch of obstacles for us to jump over. And how do you jump over them? By paying extra cash each time you need something for them to process. It's definitely a rip off.

I don't think that USCIS is doing this to bring in money, I think they're doing it to reduce their workload as part of their effort improve processing times. Experience has shown that most people who begin the K3 option carry through to obtain a K3 visa, then complete the immigration process by adjusting status in the USA.

When Congress created the K3 visa it was not their intent to set up a horse race. They set up an alternative that people could chose to use or not use. My sense is that the USCIS is intending to end the horse race aspect and put a stop to the extra effort that they and the NVC have been putting forth for people who do not specifically intend to obtain an immigrant visa.

I can tell you that this new procedure would possibly have saved my wife as much as 2 months in gaining LPR status. When she went for her AOS interview my approved I-130 petition was with the DoS, and her application to adjust status could not be approved until it was returned to the USCIS and in the hands of the case officer handling the adjustment. It was 2 months after the interview that her adjustment was approved.

Yodrak

I agree that it does seem to make sense and would hopefully make processing faster.

I am very curious to see if anyone is able to successfully indicate on their I130 that they clearly want a consular interview and have USCIS acknowledge that.

Well, one of the reasons they're hiking up all the fees theis year by so much is to cover up costs of hiring more people. USCIS is not funded by the government and they have the get their money some how, so why not come up with incredible amounts of money for people to pay to bring their loved ones home? It's just like one VJer said at some other post. We need them, they don't need us, so they can do whatever they want.