I am going to piggyback file for I-129F ( K3 for spouse), since I've already filed I-130.

While it mentions the fee (and I'm aware to check for current fees from the site since most have gone up), there is some confusing bit of language regarding some exception to paying K3 fee.

I assume I WILL have to pay when filing the K3 as well correct?

the I-130 fee I assume is completely separate.

Thanks for confirming. I'd expect the greedy lazy administrators would keep any nickle you sent you didn't have to, so I'm just looking for confirmation.

new to the forum.... but have read for a while sifting and sorting to get an idea of plan of action (where to marry) and now finally that that's done what visas to apply for. This forum is useful.

I've decided to EXPECT the process to take about 13 months. Hope that makes painful separtation easier and if a visa gets done earlier, they horray (as opposed to expecting progress in 6 months and living in frustration for the rest of the time).

If you filed the I-130 before the fee increase and you're already expecting a long 13 months, I would personally advise against filing the I-129f at all. You're better off carrying on with the I-130 and getting an immigrant visa for your spouse.

I don't REALLY want to wait that long! (just don't want to set ourselves up for endless dissapointments for delays).

Anyway to me an extra couple hundred dollars to try the K3 which COULD get here here sooner is worth a try.

My understanding is that if the K3 does go through before the permanent resident visa, that the 130 process isn't negated, that it only means she is free to move here and wait for the green card. (her working immediately is non issue).

I am understanding that correct?

Getting the K3 process going doesn't negate the application for immigrant visa right?

considering trips to Indonesia cost about double the cost of K3 application, the extra money isn't a deterant to giving it a shot.

Our situation is pretty clean... neither prior marriages, no divorces, no children, no prior visa issues, etc. I'm hoping that keeps banana peels to slip on during the process to a minimum.

There is no fee for filing an I129F for K3 as of July 31, 2007. This is true even if you sent the I130 before the fee increase for that form. Several members have filed without the fee and the I129F was accepted, and there was even a member who paid the old fee but had the check returned as the fee was waived.

Good luck on your journey.
Cheers.

No fee for filing the I-129F for K-3 on top of a previously filed I-130 Immigrant Petition for the same beneficiary per the new fee schedule (that is a change). Expect to shave on average about 3 months off the timeline for CR-1 by going for a K-3. Note that this means 3 months off the separation time. It adds an average 4 to 6 months time on obtaining the CR-1 (through the adjustment of status process once your spous in stateside). These are averages and the variables are many - consulate, processing center, NVC caseloads, individual circumstances vs. documentation requirements, etc. and most of all random luck if one believes in such things. You can derive some pretty specific averages based on your circumstances using the data on in the timelines section of this site. There is some difference in the total fees (k-3 with AOS being a little higher) depending on your choice as well. Money aside, it is generally a question of priorities based on your specific circumstances. For example, things like obtaining work authorization and SSN are dependent on CR-1 status so if they are priorities for you and your spouse that may take precedence over limiting family separation time.

Settling in for the long haul is a good strategy either way you go. I do recommend you sketch out an anticipated timeline of events along the way however, since things do go awry in this process and sometimes require your intervention to straighten them out. That aside, stress limiting strategies are key to making the most of your time apart. Good luck on your journey!

Two different options. If you get a K3 visa and adjust status once your spouse is stateside results in a Green Card (spouse is already here and does not need a CR-1 visa).

There is another option, if you want to pursue a CR-1 visa even after bringing your spouse on a K3, then the spouse has to return to the home country for an interview and must re-enter the US. You also have to file an I824 to get the I130 moving again for consular processing.

Thanks for the very helpful responses.

In our case, she doesn't plan to work for at least a year while she improves her english and takes some courses (she's fluent BUT for her profession probably needs a little polish) and adapts in general to life here. So it sounds like an approved K3 delays the CR-1 (good to know, but in our case I think it's ok).

However the issue about SSN raises a new issue... I wonder if SSN is required to add her to my health coverage? I'll have to look into that issue...since that's important. My health cover covers spouse, but not sure if they can cover without it. I'm sure someone has some experience with that issue.

K3 just about rules out getting a CR-1 unless you do the I824 (and send your wife back to her home country for the interview if she actually gets and enters US on the K3). Don't confuse CR-1 with a Green Card. Two different things. CR-1 is a visa, a Green Card is a residency document.

I added my husband to my health insurance with his Alien number and changed it to his social security number as soon as he got that, which in our case, was 5 months later.

Now I am a bit confused...I understood CR-1 to be a visa type which means "Permanent Resident with Conditions" - the Green Card issued to a foreign spouse married for less than 3 years. Your response seems to make an exclusive distinction between a CR-1 and a green card and I don't believe that is the case. The Green Card is a form of documentation. Everyone who is not a citizen still needs a visa regardless. Permanent Resident visas come in multiple forms of which "with Conditions" is one. Is there disagreement on this?

A CR-1 is a visa which, like any other visa, you use to enter the US. If you enter on a K3 visa and are already here, you don't need a CR-1 visa to enter the US. A CR-1 results in a green card with conditions that must be lifted around the 2 year mark, and IR-1 (which you get if you have been married more than 2 years) results in a 10 year green card. You get a CR-1 if you have been married less than 2 years.

A green card is proof of permanent residency, a visa (K3, CR-1, IR-1 or other types) are used to enter the country. You get the CR-1 visa at the consulate/embassy. You get the conditional green card (form I-551, which is actually called an Alien Registration Receipt Card) in the mail in the US after entering on the CR-1 visa.

You can also get a Green Card (I-551) after going through AOS if you entered on a K3. Going through AOS does not get you a CR-1, it gets you a green card (with conditions if married less than 2 years).

I think you are on the verge of clearing up a lot of confusion on MY part and maybe many others. I thought of the I-130 as both Visa/green card together, but you've cleared up they are completely separate things.

So... lf I'm reading your post correctly, the filing of the I-130, IF you do not take K3 action results in BOTH CR-1 (which is a visa to enter), and a green card/permanent resident card.

IF you go K3, even though 1-130 is filed, you DO negate both CR-1 (which you don't need since you have a k3 visa), AND negates process of getting a permanent resident/green card (?? correct).

In summation then the K3 requires you to start over for applying for the permanent resident card, but with your loved one here.

If I am also understanding, K3 severly limits her right to travel, right? If a family member dies, it's F' you too damn bad. (?)

K3 is a muliple entry visa and beneficiary can come and go as she pleases for 2 years.

They must file to adjust status in that time. Costly now and adjusting status can be a BIG pain in the butte.

No SSN for a K3 without the GC. Means sometimes no medical, drivers license and etc.

Much better, cheaper and easier by a long ways to go for the CR-1 solo.
K3s when adjusting status, tho rare, can be denied also.

hmmm... costly meaning what? 500 $? 1500$? 5,000??

Correct on the first part, the I130 filed alone (without pursuing K3) leads to a CR-1 visa to enter, and then a green card after arrival in US.

For the second point, your wife won't get a green card without adjusting status (which means filing form I-485). The AOS process requires an approved I130 petition for your wife, so all is not lost. The I130 you filed for the K3 process will be approved and held by USCIS for the eventual AOS filing. So the I130 is still used, but the actual getting the green card part is slowed because you have to submit and wait for the USCIS to process the I-485.

As beckypua said, K3 is multiple entry and can be used to to re-enter as desired for the 2 years.



The K3 requires AOS which means filing form I-485 to get the green card. You need an approved I130 for the AOS process. So

wow this thread title (SUPER EASY) exploded in my face like a joke cigar.

AOS fee is $1010

that is a little pricey...

I will have to think about whether getting K3 makes a much bigger mess in the long run.
What a big racket.

If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.

ok this is slowly sinking in....

I don't think this is so bad. SO instead of spending a grand on AOS bs, I could spend the same grand (or so) on a plane ticket so my wife can have a little visit with her family AND get the IR-1 visa.

again, I need to find out details of my insurance coverage... IF they do cover with alien # and not require SSN, K3 + return to indonesia for IR-1 I think would be best for my case. IF not, then maybe waiting it out is the best.

I'd rather spend a 1000 and GET something, then just AOS fees for BS paperwork nonsense.

If you've been married 2 + years you would be crazy to do a K3 instead of a IR-1.

If less than 2 years still a "little wacko" doing a K3 instead of CR-1 the way things are now.
Different when I did the K3 as CRs took a LOT longer to process at that time.
I still wish we'd waited and just did a CR-1 instead of the K3.
We went thru hell adjusting status plus cost us a LOT more money.

Thanks for the stern warning against the AOS garbage.

I'm sort of ruling that line out, but NOT ruling out K3, with return trip to get CR-1.
Is there a strong argument against it? Of course you have to pay for a trip, but the wife gets a visit home. (besides delay of getting SSN)...

I would just add that the CR-1 route isn't free just because you have an approved I-130. So to be fair (from a purely financial perspective) you have to compare the $1,010 to the cost of consular processing a CR-1 after K-3. My estimate is as follows: An I-824 to move the pended I-130 to NVC costs $340. You will receive additional bills from the Department of State for $335 for DS-230, Immigrant visa security surcharge $45, and I-864 (domestically processed affidavit of support) $70. That totals $790 PLUS the ticket back to Indonesia for the embassy interview. My guess is that trip will exceed $220, thus the AOS is the less expensive of the two options. Of course, following the I-130 all the way through with no K3 is the least expensive of all the options. So in the end, you have to ask yourself what do you believe the timeline difference to be relative to your separation and what is that worth to your family. Then factor in the bereaucratic hassles involved with each of the options and voila, you have yourself a decision. Sounds so simple

ok, outside the money issues, and assuming a K3 routh, is consulular file LESS buracratically hassling than AOR here in usa?

When I think about waiting for the CR-1, even with less hassles, I will wind up making a visit trip to indonesia anyway (flights are around 1,000 to 1,300). But then I end up spending only a week with the wife vs. K3.

Now I'm completely undecided. Of course I'll discuss with the other half...undoubtlely it'll be a difficult decison for her with her frugality VS her desire to be with me fighting it out.

I just want to make a decision before my 130 receipt arrives and then stick with and ride out the decision understanding the general flow and super fuzzy long timeline.

You may get lucky and have the interviews both close to each other.
No guarens tho! Does happen!
Your idea of doing the K3 with plans to return later for the CR-1 is fine.

Money wise it cost me close to $2,000 {maybe more} to adjust status because USCIS screwed up and we had to fly back and do biometrics a total of 3 times. USCIS is on a different island.
Most peeps can just drive to their appointment.
We have to fly and hotel and taxi it.

Money really wasn't the issue tho. Having to go thru all the BS and stress was the major issue.

Another thing I didn't see mentioned is having to get the I-693a for the K3.

You have to go thru more BS to get the I-693a from a goon Designated Civil Surgeon. More dough and time.
Cost me quite a bit because there are none on our island and had to take the ferry to Maui.
Same trip getting the SSN for us.

CRs get the GC and SSN in the mail a couple weeks after arrival and don't have to deal with anyone until they file to remove conditiond 21 months from GC date.
IRs have it made in the shade!

I blew it BIGTIME as I paid the CR-1 fees and got horny and went with the K3/K4 . $830 for both!
No refunds from "The Man".
DUUUUUMMMMMBBBBBBBBBBB move!
CRs were about 6 months behind K3s then.

OOps ! Check on James' Shortcuts for thr CR also.

How's the "simple question" answers?
Looks like you opened a "can of worms"!

If you filed the I130 after the fee increase the I129F is free

My company added Nit to our health plan with just name and DOB. IF: I had not added her within 30 days of our marriage they said that we would have to wait until the next enrollment period, think about that.

Regards,

D&N