Jump to content
Serilei

Changing CR1 to k3

 Share

29 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

Here is the link to the guidelines.. this is the income you or your co-sponsor needs to qualify.... FYI... I have read where people meet these guidelines and still have been told they need a co-sponsor... Complete the I-864 with any other assets you may have to see if you need a co-sponsor.... And as per the above information... it may be best for you to go back to the U.S. as it may be easier to find a co-sponsor and a qualifying job.

http://www.uscis.gov/files/form/i-864p.pdf

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

Work on your financial status and co sponsor, you will not make it if you do not meet the standard. Suggested prior.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

In order to even qualify for the extremely rare if not obsolete K3 visa is to have filed the I130 first, then the I129f. I129F would be approved first and there would be a pending I130 (not approved yet), during the approval gap (between I129f-I130) they would invite you to complete the package for the criminal check, medical, vaccinations. If you were to complete that all prior to the approval of the I130 there is a chance at a K3 interview. There are however income requirements via I134. It says they aren't required but let me assure you they are, they just aren't enforceable.

Now-a-days the likelihood of the I192f and I130 having a gap that long between approvals is extremely rare, that is why most would agree that the K3 is done and over with but USCIS still keeps it on the books because there is that very strange case that will come through and they are required to offer it due to the LIFE act that was created - doesn't mean that they will issue it.

Hope that helps info-wise but you are still going to need to prove financially that your spouse will not become public charge.

Edit: Stupid grammar lol

Edited by Brandi n Michael

K-3 Visa Interview Date : 2009-10-19 Approved POE: 2009-10-28 Emerson ND

See time-line or Profile for more info

EAD

2010-06-07: Date Filed

2010-10-16: EAD in hand!

2010-10-23: SSN Received in normal post!!

AoS- Chicago Lock Box

2010-10-18(Day 1): Mailed again :)

2011-03-17(Day 159): Interview - Review file response

2011-03-18(Day 160): Card production email/text for Green Card!

2011-03-21(Day 163): Welcome to USA letter received

2011-03-22(Day 164): Another text for card production! Start printing GC?

2011-03-23(Day 165): Text/email moving into post decision activity! Mail GC?

2011-03-26(Day 168): GC in hand and done for 3-10 years depending on the citizenship decision...Still unsure!

N400 - Dallas Lock box

2017-02-13(Day 1): Finally made the decision to apply for citizenship. Package went in mail

2017-02-16(Day 4): 1st NOA "went background checks are complete interview will be scheduled" no mention of Biometrics

2017-03-03(Day 15) Biometrics letter arrives scheduled for 2017-03-13 Might try a walk in earlier

 

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

In order to even qualify for the extremely rare if not obsolete K3 visa is to have filed the I130 first, then the I129f. I129F would be approved first and there would be a pending I130 (not approved yet), during the approval gap (between I129f-I130) they would invite you to complete the package for the criminal check, medical, vaccinations. If you were to complete that all prior to the approval of the I130 there is a chance at a K3 interview. There are however income requirements via I134. It says they aren't required but let me assure you they are, they just aren't enforceable.

Now-a-days the likelihood of the I192f and I130 having a gap that long between approvals is extremely rare, that is why most would agree that the K3 is done and over with but USCIS still keeps it on the books because there is that very strange case that will come through and they are required to offer it due to the LIFE act that was created - doesn't mean that they will issue it.

Hope that helps info-wise but you are still going to need to prove financially that your spouse will not become public charge.

Edit: Stupid grammar lol

This was the case prior to November 2006. Since then, USCIS has been adjudicating both petitions together and approving them (in almost all cases) on the same day. After doing this for three years. NVC, said ENOUGH and started considering the immigrant visa to be "immediately available" if the I-130 was on station at NVC instead of the old standard of on station at the Consulate abroad. I and many disagree with this policy but they don't care what we think. In effect the policy of administratively closing the I-129F petition if the I-130 and I-129F arrive together (virtually always) renders the K3 visa "unobtainable" or "obsolete".

Here's a more complete explanation of K3 history posted elsewhere.

* Note: Effective February 1, 2010, new procedures adopted by the National Visa Center have effectively rendered the K3 and K4 visas no longer available.

The K3 and K4 visas for Spouse and Children are technically non-immigrant visas that theoretically allow the family to be reunited faster. Here is a brief overview but in most cases, the original purpose of these visas has been rendered moot by recent changes in USCIS adjudication policies. For this reason, we prefer not to promote their use here. However, there are cases where they may well be the better choice. If so, our visa consultants will provide the needed information and guide you through the process.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS ( then the "INS") and the State Department.

Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K3 and K4 processes.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

This was the case prior to November 2006. Since then, USCIS has been adjudicating both petitions together and approving them (in almost all cases) on the same day. After doing this for three years. NVC, said ENOUGH and started considering the immigrant visa to be "immediately available" if the I-130 was on station at NVC instead of the old standard of on station at the Consulate abroad. I and many disagree with this policy but they don't care what we think. In effect the policy of administratively closing the I-129F petition if the I-130 and I-129F arrive together (virtually always) renders the K3 visa "unobtainable" or "obsolete".

Here's a more complete explanation of K3 history posted elsewhere.

* Note: Effective February 1, 2010, new procedures adopted by the National Visa Center have effectively rendered the K3 and K4 visas no longer available.

The K3 and K4 visas for Spouse and Children are technically non-immigrant visas that theoretically allow the family to be reunited faster. Here is a brief overview but in most cases, the original purpose of these visas has been rendered moot by recent changes in USCIS adjudication policies. For this reason, we prefer not to promote their use here. However, there are cases where they may well be the better choice. If so, our visa consultants will provide the needed information and guide you through the process.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS ( then the "INS") and the State Department.

Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K3 and K4 processes.

I would agree and as you can see via our timeline we were one of the very last to go through this hole. Our I129f and I130 were approved on the same day but due to the wait time at Montreal we were allowed to proceed in this direction however I know this path is officially closed as Vancouver no longer does K3 visa interviews everything goes through Montreal (CR1/IR1). Either way OP doesn't stand a chance because I130 has been approved therefor K3 is no longer even an option for him. Sponsorship and acquiring domicile and job seem to be his options at this point.

Good luck!

K-3 Visa Interview Date : 2009-10-19 Approved POE: 2009-10-28 Emerson ND

See time-line or Profile for more info

EAD

2010-06-07: Date Filed

2010-10-16: EAD in hand!

2010-10-23: SSN Received in normal post!!

AoS- Chicago Lock Box

2010-10-18(Day 1): Mailed again :)

2011-03-17(Day 159): Interview - Review file response

2011-03-18(Day 160): Card production email/text for Green Card!

2011-03-21(Day 163): Welcome to USA letter received

2011-03-22(Day 164): Another text for card production! Start printing GC?

2011-03-23(Day 165): Text/email moving into post decision activity! Mail GC?

2011-03-26(Day 168): GC in hand and done for 3-10 years depending on the citizenship decision...Still unsure!

N400 - Dallas Lock box

2017-02-13(Day 1): Finally made the decision to apply for citizenship. Package went in mail

2017-02-16(Day 4): 1st NOA "went background checks are complete interview will be scheduled" no mention of Biometrics

2017-03-03(Day 15) Biometrics letter arrives scheduled for 2017-03-13 Might try a walk in earlier

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

I agree with milimelo.

A person applies for the K3 at the USCIS stage. It's highly improbable that they would change it now. Either way you need to complete the exact same form i-864 anyhow. You need to find a co-sponsor (and as your attempts have been unsuccessful) you probably just need to go back to the USA and work. Honestly we all wish we could stay with our spouses from beginning to end, but in your case, this probably will not be possible. With the lack of a co-sponsor, you need to find a job that makes the minimum requirements. I'm sorry but that's just the way it is. The sooner you do it, the better off you'll be because the sooner she can come over!

there is no such thing as changing one to another, it's a totally different petition

Edited by mimolicious


Link to comment
Share on other sites

Filed: Timeline

I understand your situation...if you need time finding a sponsor...i believe that when the case is approved..it is good for at least a year after that...they embassy will write to the beneficiary to inform him/her about the expiration and if he/she wanted to continue that...you have to start all over again...you may want to call the embassy and inform them...that you may have to extend the process of the visa...so you have to communicate with NVC first since i believe your case is still there...and know more about that.

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

I understand your situation...if you need time finding a sponsor...i believe that when the case is approved..it is good for at least a year after that...they embassy will write to the beneficiary to inform him/her about the expiration and if he/she wanted to continue that...you have to start all over again...you may want to call the embassy and inform them...that you may have to extend the process of the visa...so you have to communicate with NVC first since i believe your case is still there...and know more about that.

This is incorrect. The Embassy or Consulate does not get involved until the National Visa Center has completed their work. For each step at NVC, one has a year to respond. If they do not respond, NVC sends the approved petition back to USCIS where it is stored. I-130 petition approvals never "expire". You resurrect the approved petition by paying a fee and filing a form.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

I had no idea K3 was even an option, it was my understanding that visa no longer exist. Anyhow, even since you live in Russia with your spouse, don't you have any friends/family members who could help you and be a co-sponsor for the visa application? There must be a way!

Our journey

06/2002 - J1 visa, NY

09/2002 - out of status

10/2005 - married

07/2006 - my daughter is born

09/2007 - AOS approved, CPR

2008 - separated with husband, DV charges, filed for protection order

01/2009 - divorced

09/2009 - LPR!!!!

03/2011 - went to Russia for the first time in 9 years!!!!

03/19/2011- Engaged!!!!

07/23/2011 - our wedding in Russia

07/25-08/03/2011 - our honeymoon in Turkey

10/23-11/13/2011 - went to see my hubby again!

07/16-07/30/2012 - went to Russia to spend our First Year Anniversary together!

I-130 for DH

08/26/2011 - Petition sent

09/06/2011 - 797C Notice, (PAYMENT IS MISSING???!!!!)Mailed I-130 AGAIN.

09/10/2011 - NOA1 ( SMS and email)

04/19/2012 - case is transferred to the local USCIS

05/22/2012 - interview, I-130 Approved, NOA2

13/08/2012 - filed N400

11/16/2012 - sent in my Certificate of Naturalization to NVC to change our case status from F2a to CR1, I am a Citizen of US now! YAHOO!!!

11/30/2012 - e-mail from NVC - our case is under review

12/10/2012 - DS-3032 recieved from NVC

12/12/2012 - I-864 bill is paid

12/28/2012 - I-864 is sent

01/16/2013 - Instructions for DS-230

03/05/2013 - NVC case is complete.

04/30/2013 - Interview

Link to comment
Share on other sites

There is... The OP should move back to the USA, get a job and be able to support their spouse. Many of us have to go through this while separated. A co-sponsor is a great and awesome way someone can help their friend or family member out, but it's also not without risk. It is legally binding and can carry some serious financial consequences. Without that option open, there are only a few routes open to the OP. Move to the USA and get a job, stay in Russia, or move somewhere else together. Such is life.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Russia
Timeline

There is... The OP should move back to the USA, get a job and be able to support their spouse. Many of us have to go through this while separated. A co-sponsor is a great and awesome way someone can help their friend or family member out, but it's also not without risk. It is legally binding and can carry some serious financial consequences. Without that option open, there are only a few routes open to the OP. Move to the USA and get a job, stay in Russia, or move somewhere else together. Such is life.

will the OP have to work for a whole year then? To show that he can meet the necessary income guidelines? And his tax return? I do not understand how can he stay in Russia all this time and then is planning to move to the USA? Don't they need some kind of income? Or savings? he has to have some kind of job in Russia correct? They have to have assets, property? Something... Otherwise how do they plan to just MOVE to a completely different country???? If you are an American citizen and work abroad, don't you still have to file tax returns?

Our journey

06/2002 - J1 visa, NY

09/2002 - out of status

10/2005 - married

07/2006 - my daughter is born

09/2007 - AOS approved, CPR

2008 - separated with husband, DV charges, filed for protection order

01/2009 - divorced

09/2009 - LPR!!!!

03/2011 - went to Russia for the first time in 9 years!!!!

03/19/2011- Engaged!!!!

07/23/2011 - our wedding in Russia

07/25-08/03/2011 - our honeymoon in Turkey

10/23-11/13/2011 - went to see my hubby again!

07/16-07/30/2012 - went to Russia to spend our First Year Anniversary together!

I-130 for DH

08/26/2011 - Petition sent

09/06/2011 - 797C Notice, (PAYMENT IS MISSING???!!!!)Mailed I-130 AGAIN.

09/10/2011 - NOA1 ( SMS and email)

04/19/2012 - case is transferred to the local USCIS

05/22/2012 - interview, I-130 Approved, NOA2

13/08/2012 - filed N400

11/16/2012 - sent in my Certificate of Naturalization to NVC to change our case status from F2a to CR1, I am a Citizen of US now! YAHOO!!!

11/30/2012 - e-mail from NVC - our case is under review

12/10/2012 - DS-3032 recieved from NVC

12/12/2012 - I-864 bill is paid

12/28/2012 - I-864 is sent

01/16/2013 - Instructions for DS-230

03/05/2013 - NVC case is complete.

04/30/2013 - Interview

Link to comment
Share on other sites

will the OP have to work for a whole year then? To show that he can meet the necessary income guidelines? And his tax return? I do not understand how can he stay in Russia all this time and then is planning to move to the USA? Don't they need some kind of income? Or savings? he has to have some kind of job in Russia correct? They have to have assets, property? Something... Otherwise how do they plan to just MOVE to a completely different country???? If you are an American citizen and work abroad, don't you still have to file tax returns?

Yes you do have to file tax returns, but only American income either earned by an American owned company or in the USA counts towards the AOS requirements. He probably has a job in Russia. But no he doesn't have to work for a year. He would have to find a job that puts him above the guidelines set in the I-864 instructions, show proof that the yearly salary of that job meets or preferably exceeds those requirements and also show that the job isn't temporary. You can use assets but they must be 3x the guidelines.

I'm not saying it's easy as pie to just move and get a job. But I think when your loved ones have said no or do not make enough to co-sponsor you need to really think about what you want and how to achieve that. The best things in life are those that are earned and you can never earn anything by waiting for things to happen.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Yes you do have to file tax returns, but only American income either earned by an American owned company or in the USA counts towards the AOS requirements. He probably has a job in Russia. But no he doesn't have to work for a year. He would have to find a job that puts him above the guidelines set in the I-864 instructions, show proof that the yearly salary of that job meets or preferably exceeds those requirements and also show that the job isn't temporary. You can use assets but they must be 3x the guidelines.

I'm not saying it's easy as pie to just move and get a job. But I think when your loved ones have said no or do not make enough to co-sponsor you need to really think about what you want and how to achieve that. The best things in life are those that are earned and you can never earn anything by waiting for things to happen.

I see, thanks for clarifying this for me! ;)

Our journey

06/2002 - J1 visa, NY

09/2002 - out of status

10/2005 - married

07/2006 - my daughter is born

09/2007 - AOS approved, CPR

2008 - separated with husband, DV charges, filed for protection order

01/2009 - divorced

09/2009 - LPR!!!!

03/2011 - went to Russia for the first time in 9 years!!!!

03/19/2011- Engaged!!!!

07/23/2011 - our wedding in Russia

07/25-08/03/2011 - our honeymoon in Turkey

10/23-11/13/2011 - went to see my hubby again!

07/16-07/30/2012 - went to Russia to spend our First Year Anniversary together!

I-130 for DH

08/26/2011 - Petition sent

09/06/2011 - 797C Notice, (PAYMENT IS MISSING???!!!!)Mailed I-130 AGAIN.

09/10/2011 - NOA1 ( SMS and email)

04/19/2012 - case is transferred to the local USCIS

05/22/2012 - interview, I-130 Approved, NOA2

13/08/2012 - filed N400

11/16/2012 - sent in my Certificate of Naturalization to NVC to change our case status from F2a to CR1, I am a Citizen of US now! YAHOO!!!

11/30/2012 - e-mail from NVC - our case is under review

12/10/2012 - DS-3032 recieved from NVC

12/12/2012 - I-864 bill is paid

12/28/2012 - I-864 is sent

01/16/2013 - Instructions for DS-230

03/05/2013 - NVC case is complete.

04/30/2013 - Interview

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

I had no idea K3 was even an option, it was my understanding that visa no longer exist.

It's still officially on the books but current USCIS and NVC procedures make this visa virtually unobtainable.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...