K3 versus CR1, I-129F

[wibo 0]

Hey everyone.

I entered the US in October as a tourist and I married my American sweetheart (American citizen) in December. We want to stay together so I've been trying to get my head around the process to get a K-3 Visa for some time now and i think I'm getting mixed up. Reading the uscis website i thought the time chart was like this.

1. file I-130

2. Wait for approval of I-130

3. Once we the petition gets approved file for the change of status, I-485 including all the necessary affidavits of support (I-864 and in our case I-864A)

4. Wait for the outcome

Now research on other website mentions the I-129F form which seems to be primarily for fiancees and kids. Where do i place this form in the time chart?

Another option seems to be tot get a Conditional Residency Visa instead of a K-3. What are the benefits of this. A CR does not require an I-129F form? What is the fastest way to get a green card and a work permit?

Is the time chart the same? And can we do it in our situation?

finally You can file the I-130 and the I-485 at the same time? Does this reduce processing time?

I'd love to be enlightened about any of this, thanks for your help,

W

[YuAndDan 153]

K-3 is file I-130 wait for I-130 receipt letter and then file I-129F for K-3 visa processing, the result is a K-3 or CR-1 visa interview at US consulate in your home country.

I-130+I-485 together is adjustment of status, In your case the resulting interview (in the USA) will have many questions about your INTENT when using a visitors visa to circumvent the normal spousal visa process.

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Edited December 17, 2008 by YuAndDan

[wibo 0]

K-3 is file I-130 wait for I-130 receipt letter and then file I-129F for K-3 visa processing, the result is a K-3 or CR-1 visa interview at US consulate in your home country.

I-130+I-485 together is adjustment of status, In your case the resulting interview (in the USA) will have many questions about your INTENT when using a visitors visa to circumvent the normal spousal visa process.

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

So if i get this right. These are my options.

1. I go for the adjustment of status and stay in the states and have a tough interview. My Visa Waiver runs out the 29th of December though. Can i stay after that date waiting for the interview?

2. I go back home and i go for a CR1. Since i married in the states will this not cause some trouble? I then wait at home and do the interview at a consulate and return to the states as a CR-1 visa?

thanks for your help.

W

[Reba 2]

If you apply to adjust status you should do it before your VW expires, just so you are not out of status. How difficult your interview will be depends on what your evidence looks like. Did you INTEND to get married and stay when you entered the US? Did quit your job before you left home? Did you sell all your stuff so you could relocate? If you did, then you may be considered to have commited fraud and they could deny your applicatoin and send you packing with no recourse or appeal.

If you had NO intent when you last entered the US to get married and stay, then you should have no problems.

If you decide to return to your home country, then wait out the CR1 process, it doesn't matter where you get married. As long as it was a legal ceremony.

[wibo 0]

If you apply to adjust status you should do it before your VW expires, just so you are not out of status. How difficult your interview will be depends on what your evidence looks like. Did you INTEND to get married and stay when you entered the US? Did quit your job before you left home? Did you sell all your stuff so you could relocate? If you did, then you may be considered to have commited fraud and they could deny your applicatoin and send you packing with no recourse or appeal.

If you had NO intent when you last entered the US to get married and stay, then you should have no problems.

If you decide to return to your home country, then wait out the CR1 process, it doesn't matter where you get married. As long as it was a legal ceremony.

Good news. I'm actually still a student at home. Doing my last year in college so i think i have a fairly good case.

thanks.

[pushbrk 12,105]

If you apply to adjust status you should do it before your VW expires, just so you are not out of status. How difficult your interview will be depends on what your evidence looks like. Did you INTEND to get married and stay when you entered the US? Did quit your job before you left home? Did you sell all your stuff so you could relocate? If you did, then you may be considered to have commited fraud and they could deny your applicatoin and send you packing with no recourse or appeal.

If you had NO intent when you last entered the US to get married and stay, then you should have no problems.

If you decide to return to your home country, then wait out the CR1 process, it doesn't matter where you get married. As long as it was a legal ceremony.

Good news. I'm actually still a student at home. Doing my last year in college so i think i have a fairly good case.

thanks.

It's critical that you understand the adjustment of status process only works if you stay in the US until it is completed. If you leave the US before you have a green card, you will be abandoning that process and need a spouse visa to successfully immigrate.

Visas are for entering the US. Adjustment of status is for people already here and staying until status is adjusted. For all practical purposes, there is nothing in between.

[wibo 0]

Well, everthing just got a little more complicated. I probably will not be able to file my I-130/I-485 pakage before my visa waiver runs out. The reason is the medical exam which will take at least two weeks. The red tape on this thing is unbelievable. Not sure what to do now. Does it make a huge difference, filing after you visa waiver deadline?

struggling on,

W

[pushbrk 12,105]

Well, everthing just got a little more complicated. I probably will not be able to file my I-130/I-485 pakage before my visa waiver runs out. The reason is the medical exam which will take at least two weeks. The red tape on this thing is unbelievable. Not sure what to do now. Does it make a huge difference, filing after you visa waiver deadline?

struggling on,

W

No, it will not make a big difference.

[wibo 0]

Well, everthing just got a little more complicated. I probably will not be able to file my I-130/I-485 pakage before my visa waiver runs out. The reason is the medical exam which will take at least two weeks. The red tape on this thing is unbelievable. Not sure what to do now. Does it make a huge difference, filing after you visa waiver deadline?

struggling on,

W

No, it will not make a big difference.

I've been hearing some pretty depressing news about my chances of proving the intent-issue. Apparently having a long relationship before marriage instead of a short fling, makes your entry in the states all the more suspect. Me and my GF have know each other for over 4 years now.

Another important factor is the time it takes for me to get a work permit. I can file a request for one together with my i-130/AOS package but when does it actually get approved. After my AOS is approved or is it a separate process?

Which route gives me a work permit the quickest? An Adjustment of Status or CR1?

thanks for all the replies they are definitely shedding some light on this whole issue.

W

[pushbrk 12,105]

Well, everthing just got a little more complicated. I probably will not be able to file my I-130/I-485 pakage before my visa waiver runs out. The reason is the medical exam which will take at least two weeks. The red tape on this thing is unbelievable. Not sure what to do now. Does it make a huge difference, filing after you visa waiver deadline?

struggling on,

W

No, it will not make a big difference.

I've been hearing some pretty depressing news about my chances of proving the intent-issue. Apparently having a long relationship before marriage instead of a short fling, makes your entry in the states all the more suspect. Me and my GF have know each other for over 4 years now.

Another important factor is the time it takes for me to get a work permit. I can file a request for one together with my i-130/AOS package but when does it actually get approved. After my AOS is approved or is it a separate process?

Which route gives me a work permit the quickest? An Adjustment of Status or CR1?

thanks for all the replies they are definitely shedding some light on this whole issue.

W

The AOS process will get you a work permit fastest, provided it is successful.

[pushbrk 12,105]

Well, everthing just got a little more complicated. I probably will not be able to file my I-130/I-485 pakage before my visa waiver runs out. The reason is the medical exam which will take at least two weeks. The red tape on this thing is unbelievable. Not sure what to do now. Does it make a huge difference, filing after you visa waiver deadline?

struggling on,

W

No, it will not make a big difference.

I've been hearing some pretty depressing news about my chances of proving the intent-issue. Apparently having a long relationship before marriage instead of a short fling, makes your entry in the states all the more suspect. Me and my GF have know each other for over 4 years now.

Another important factor is the time it takes for me to get a work permit. I can file a request for one together with my i-130/AOS package but when does it actually get approved. After my AOS is approved or is it a separate process?

Which route gives me a work permit the quickest? An Adjustment of Status or CR1?

thanks for all the replies they are definitely shedding some light on this whole issue.

W

The AOS process will get you a work permit fastest, provided it is successful.

Replying to myself because I was being called to supper....

How long you've known each other is certainly a factor but if you truly entered the US with the intent to return to the UK and have evidence of that, such as leaving your belongings behind and still enrolled in school, I'd say your chances of successfully adjusting status are fairly good. If, in fact this immigration was your intent all along, you simply don't qualify to adjust status. That doesn't mean you can't be successful, just that if you are, you will have committed visa fraud.

Please choose the path that is legitimate AND meets your needs and priorities. Either may be legitimate but it's likely one fits your needs and priorities better than the other. As long as your choice meets both criteria, you have a good chance of success.

[Reba 2]

if you stay and AOS and send in the employment authorization application at the same time, the EAD should be processed within 90 days of their receipt of the application.

If you decide on the CR1, you will have to return home when your VWP runs out anyhow, so during the year or so thta takes to process, one would assume you'd finish your studies and/or get a job there while you wait. Once your CR1 is granted and you move to the US permanently, you can start looking for a job immediately. Your SSN card and green card will follow in the mail within a couple of weeks.

[taj'samericanwife 0]

Hi K3 and CR1 people! ok so there is a big debate going on inside me about whether to file for a Cr1 or K3 but COULD SOMEONE PLEASE let me know how people drop their K3 when the CR1 interview comes? haaa? what i dont get it! also what does touched mean?!

[taj'samericanwife 0]

okay...k3 versus cr1...so everything starts out with an I 130 then what? can i file for the I-129 but maybe if the cr1 becomes apporoved first then my husband gets a cr1? huh?

[pushbrk 12,105]

okay...k3 versus cr1...so everything starts out with an I 130 then what? can i file for the I-129 but maybe if the cr1 becomes apporoved first then my husband gets a cr1? huh?

If you want an immigrant visa, don't file an I-129F for spouse. If you do, the two petitions will get married and proceed based on the receipt date of the I-129F, thereby slowing the CR1. Your circumstances as stated in your other thread, indicate K3 and K4 is not a good path for you. There's the potential of saving a month or two but there's also a potential of losing time.