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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

christinejohn
Hello,

Everyday i'm trying to understand better this long process and I still get confused.

We applied through a lawyer for a K-3 visa and are going through the non-ending wait that we all experience...

I read here and there that some people apply directly at a U.S. embassy and things seem to go so fast that I wonder why we didn't go this way. Can anyone apply at a U.S. embassy?

Also, since we are going through the K-3 visa process can we apply for the CR-1 / IR-1 at the same time and can we apply for it directly at a U.S. embassy?

I'm french but live in the south pacific and the nearest U.S. embassy is Fiji for my area.

Thank you for your advice.
Nutty
QUOTE(christinejohn @ Oct 16 2007, 01:15 AM) *
Hello,

Everyday i'm trying to understand better this long process and I still get confused.

We applied through a lawyer for a K-3 visa and are going through the non-ending wait that we all experience...

I read here and there that some people apply directly at a U.S. embassy and things seem to go so fast that I wonder why we didn't go this way. Can anyone apply at a U.S. embassy?

Also, since we are going through the K-3 visa process can we apply for the CR-1 / IR-1 at the same time and can we apply for it directly at a U.S. embassy?

I'm french but live in the south pacific and the nearest U.S. embassy is Fiji for my area.

Thank you for your advice.


I think the thing to do is to contact or check the Embassy website in question. Often times, Embassy's will give specific information regarding how they process visas.

Bassi and Zainab
Not all embassies accept direct consular filing, the Dept of State website has a list of all those that do. And to qualify the specifics may vary slightly by embassy but generally you must be living together outside of the US for at least six months before you can file directly through the consulate. There is more information on the DOS website about it.
Haole
QUOTE(christinejohn @ Oct 15 2007, 08:15 PM) *
Hello,

Everyday i'm trying to understand better this long process and I still get confused.

We applied through a lawyer for a K-3 visa and are going through the non-ending wait that we all experience...

I read here and there that some people apply directly at a U.S. embassy and things seem to go so fast that I wonder why we didn't go this way. Can anyone apply at a U.S. embassy?

Also, since we are going through the K-3 visa process can we apply for the CR-1 / IR-1 at the same time and can we apply for it directly at a U.S. embassy?

I'm french but live in the south pacific and the nearest U.S. embassy is Fiji for my area.

Thank you for your advice.


QUOTE
We applied through a lawyer for a K-3 visa and are going through the non-ending wait that we all experience...

Lawyer don't know what he's doing as you can't apply for a K3 [I-129F]without applying for a CR/IR [I 130].
Also you can only apply for CR/IRs when you do a DCF
rika60607
Here is Fiji's US embassy website:
http://suva.usembassy.gov/general_information.html
They say nothing about direct consular filing availability, but you can call them and ask if they allow it (ask if it is possible to submit I-130 petition directly to the embassy).
However, even if they allow it AND you can comply with all their criteria, then you will need to cancel your currently processed I-130/I129-F before filing I-130 directly. You can not have two I-130 processed at the same time.
So, if I were you, I'd get copies of all work done by your lawyer and then fire him smile.gif
From your timeline, he waited 2 months between NOA1 for I-130 and filing I-129F. Unless I missed something, he is lazy and will cost you time, not just money.
As is, you can simply wait out and see which petition (I-129F or I-130) gets approved first (hopefully within 1-3 months), then you will need to do paperwork for NVC and then you will have your interview. If you are not comfortable doing the paperwork yourself - get another lawyer, hopefully a better one...
Consider that a lawyer will not collect the needed paperwork for you - YOU will likely have to order IRS transcripts, police records, get translations of all kinds of documents yourself! YOU will have to prepare evidence of bona fide relationship - e-mails, phone records, letters etc. or if you live together in Fiji - evidence of co-habitation.
Good luck!

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