Question about k3 and CR-1

[Ariethesiren 18]

Hello! I'm currently a U.S. Citizen that is married to a U.K citizen. I was wanting to see about applying for a CR-1 visa for my husband, but today I had a consultation with a lawyer and well, she said a CR-1 visa does not exist, and not to look online at fourms. She is pushing us to apply for a K3 visa instead which seems like it costs more? takes more time? and my husband will not be able to work here for 2 months + upon arrival. Is there really no such thing as a cr-1 visa? or is this lawyer bsing me?

[Cyberfx1024 7,978]

2 minutes ago, Ariethesiren said:

Hello! I'm currently a U.S. Citizen that is married to a U.K citizen. I was wanting to see about applying for a CR-1 visa for my husband, but today I had a consultation with a lawyer and well, she said a CR-1 visa does not exist, and not to look online at fourms. She is pushing us to apply for a K3 visa instead which seems like it costs more? takes more time? and my husband will not be able to work here for 2 months + upon arrival. Is there really no such thing as a cr-1 visa? or is this lawyer bsing me?

Please fire that lawyer because they are an idiot. A k3 visa is a marriage visa but it is very rarely given out, if you file for a K3 visa it more than likely will revert to a CR1 visa.

[geowrian 22,335]

Umm...wow. Unless you severely misunderstood them, that's completely wrong. It's backwards...K-3 is obsolete. CR-1 and IR-1 are the spousal visas still regularly being issued (based on how long you've been married).

 

Look over the guide...most people can do it themselves just fine: http://www.visajourney.com/content/i130guide1

Edited October 7, 2017 by geowrian

[Going through 5,668]

Curious....was this lawyer an actual immigration lawyer or just a "regular" type of lawyer (for lack of a better term)?

 

Seriously, cut all communication with this person immediately.  Don't even take her calls anymore.  Trust me here.  She will continue to steer you horribly wrong.

[Suss&Camm 2,213]

Lol "don't look online at forums" - cause then you'll figure out what a fraud I am... 

[Ariethesiren 18]

She is an actual immigration lawyer. Thank you for your responses everyone, I'm going to currently look into another lawyer or try rapidvisa, I'm not confident enough to apply on my own. 

[TBoneTX 43,058]

Thread is moved from the K-3 Process forum to the CR-1 Process forum -- CR-1 is the available path.

[imane&islem 1]

What in the world???? Seriously???

Well, I have been in the same process except that I am the applicant and not the petitioner. My husband is a US citizen. When you apply for a spouse visa then you are applying for K3/K4 Visa. And when you get approved, and based on how long you have been married you will be given either Cr-1 visa or IR-1.. CR-1 if you have been married for less than 3 years since the day of the petition. IR-1 if you have been married for more than 3 years the day of the petition. 

P.S: Cr-1 stands for conditional resident. 

And IR-1 stands for Immediate Relative. 

Hope I didn't mess up things lol as it's been almost 5 years since we went through all of that.. good luck!

Edited October 11, 2017 by imane&islem

[geowrian 22,335]

1 hour ago, imane&islem said:

My husband is a US citizen. When you apply for a spouse visa then you are applying for K3/K4 Visa.

K-3 is obsolete, and K-4 is for a dependent of a K-3. CR-1/IR-1 are the visas still regularly being issued.

 

1 hour ago, imane&islem said:

And when you get approved, and based on how long you have been married you will be given either Cr-1 visa or IR-1.. CR-1 if you have been married for less than 3 years since the day of the petition. IR-1 if you have been married for more than 3 years the day of the petition. 

Incorrect.

1. It's 2 years, not 3.
2. Your status is based on when you become an LPR, not when you file the petition or get the visa. For an immigrant visa, you become an LPR when you go through POE.

 

[mrsfranklynw 18]

On 10/7/2017 at 2:54 PM, Ariethesiren said:

She is an actual immigration lawyer. Thank you for your responses everyone, I'm going to currently look into another lawyer or try rapidvisa, I'm not confident enough to apply on my own. 

i used them and for me i love them because they fix my paperwork and i didnt have any problem from them at all 

[imane&islem 1]

3 hours ago, geowrian said:

K-3 is obsolete, and K-4 is for a dependent of a K-3. CR-1/IR-1 are the visas still regularly being issued.

 

Incorrect.

1. It's 2 years, not 3.
2. Your status is based on when you become an LPR, not when you file the petition or get the visa. For an immigrant visa, you become an LPR when you go through POE.

 

Oh yeah.. that's right! Sorry about that.. it's been almost 5 yrs since we went through all of that.. My bad memory.. 3 years of marriage to the same person is when it comes to naturalization ( the process that I am going through now).. thanks for the info.

[Ariethesiren 18]

Another question.. this same lawyer also told me that bringing my husband here, even doing all the processing in the uk, will cost the same as a k3 visa and said that "The other costs come with doing the adjustment of status and work authorization requests" My question is. if this CR-1 visa gets him a green card, what are these other costs she was talking about? Thank you!!

[geowrian 22,335]

3 minutes ago, Ariethesiren said:

Another question.. this same lawyer also told me that bringing my husband here, even doing all the processing in the uk, will cost the same as a k3 visa and said that "The other costs come with doing the adjustment of status and work authorization requests" My question is. if this CR-1 visa gets him a green card, what are these other costs she was talking about? Thank you!!

A CR-1 will grant LPR status at entry, which permits working and traveling. No AOS or work authorization is needed. There is an Immigrant Fee ($220) to get the physical card, though.

 

K-3 (in the extremely rare event that it is granted) has to go through AOS still, which is $1225 extra. No fee for the work authorization when filed due to AOS...just the ~4 month wait.

Edited October 11, 2017 by geowrian

[Andrew&Vangie 1]

umm question, if the K-3 and K-4 are obsolete, why then is the USCIS website offering this visa type to an alien spouse of a U.S. citizens? These visas are posted on the site here: 

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

 

If USCIS didn't offer these forms or visas they wouldn't have them on their website? 

[Ryan H 3,790]

22 minutes ago, Andrew&Vangie said:

umm question, if the K-3 and K-4 are obsolete, why then is the USCIS website offering this visa type to an alien spouse of a U.S. citizens? These visas are posted on the site here: 

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

 

If USCIS didn't offer these forms or visas they wouldn't have them on their website? 

 

The provision in the LIFE Act of 2000 that created the K3 has not been repealed.  It was created at a time when a final decision on a standalone I-130 took years.  In the intervening years, times didn't take as long leading to a procedural change in 2006.  In 2006, USCIS began the practice of tying the two petitions together and making a decision on them at the same time.  In 2010, the State Department implemented a new procedure of administratively closing the K3 when they have an approved I-130 on-station.  Unless/until that provision is repealed through the legislative process, the K3 will technically be available and USCIS as well as attorneys and/or professionals who are not familiar with these procedures will say it is a viable path when in actuality the actual issuance of a K3 is a very rare occurrence.

Edited October 23, 2017 by Ryan H