K-3 or CR-1 - Which path to follow?

[ariest 0]

My goal is to get to the US as soon as possible (I am not being original here, hah?) The I-130 was approved on May 10, and now my husband has recieved the DS 3032 and bill for I-864 (first step docs for pursuing immigrant visa). With I-129f recieved on April 7, I've been still hoping to reunite with my husband in a few months, reluctant to start the whole lengthy immigrant visa process. But now with the USCIS silence regarding IMBRA and gloomy speculations of VJ members (I've been a faithful reader for a while before joining), I don't even know what to expect.

As far as I understand, there is a point of no return in filing for CR-1, meaning you can no longer pursue K-3 visa (which might appear to be a faster track at that point). Can we safely proceed with DS3032 and I-864 bill now? At which point in proceeding for immigrant visa do we get stuck?

Thank you very much for your replies!

[aussiewench 9]

You can continue the I-130 process through NVC and still do the K-3 if the interview is held before the I-130 arrives at the consulate. So by continuing on with the I-130, at least you aren't stagnent as the I-129F seems to be at this stage. There is always the chance that the I-130 can get through NVC and reach the consulate before or around the same time as the I-129F. Feasibly one can get through NVC in 2-3 months depending on how fast the bills, forms etc are exchanged and on any security checks. What you will lose is the money outlayed for the NVC process for the I-130 if you do the K-3 visa. There is always the option too of returning to the consulate for the CR-1 interview after already entering on the K-3.

[ariest 0]

Thanks so much for the info! Do you know if coming back for CR-1 after entering the US on K-3 is a perfectly legal and approved by CIS route, or it's just what people do and it works? Because I don't remember finding something about that on the USCIS website - they always say you should file for AOS once you are in the US.

[aussiewench 9]

Thanks so much for the info! Do you know if coming back for CR-1 after entering the US on K-3 is a perfectly legal and approved by CIS route, or it's just what people do and it works? Because I don't remember finding something about that on the USCIS website - they always say you should file for AOS once you are in the US.

It sure is a perfectly ok way of doing things If you have entered on a K-3 and not yet adjusted status you can return to the consulate for the CR-1 interview and then re-enter the US with the immigrant visa. Many take up this option and it is all above board.

From USCIS.....

Applying for Immigrant Status

The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent residents and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.

K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.

http://www.uscis.gov/graphics/publicaffairs/newsrels/life081401.htm

Edited June 11, 2006 by aussiewench

[maria_b84 0]

Some ppl might get angry, but I felt like I needed to post my experience as well. If I were you, I'd go with the CR1 Visa. I did the K3 Visa and I regreted soo much! Doing the AOS process in America is a pain in the a**s. With the CR1 Visa u get to America and get the GC within 90 days upon arrival. Which is a lot better than being stuck in America and not being able to do anything in the meantime. Go for the CR1 Visa!!!!!

Maria

[Artegal 1]

As far as I understand, there is a point of no return in filing for CR-1, meaning you can no longer pursue K-3 visa (which might appear to be a faster track at that point). Can we safely proceed with DS3032 and I-864 bill now? At which point in proceeding for immigrant visa do we get stuck?

Thank you very much for your replies!

This point of no return is when the CR1 visa paperwork actually arrives at the US Embassy. So its not like a magical half-way point in the process. Its actually in the homestretch--at the point of interview pretty much, or within 30 days thereof. I did and would again pursue the CR-1. But I also pursued the K-3 and lost money--but no time, as both the CR-1 and the K-3 were approved and arrived at the Embassy together. This has been the case for many where the CR-1 is faster than the K-3, but at times the K-3 has been faster. With the K-3 there is a lot more paperwork to do once you are here in the USA. With the CR-1 you are set for two years once you arrive in the USA and within a few weeks your Green Card arrives and possibly your SS Card. But sometimes you do have to apply for the SS Card, as the embassy drops the ball on this one at times.

[girl 37 7]

With the K-3 there is a lot more paperwork to do once you are here in the USA.

That's assuming you adjust status in the US and don't return home for the CR-1.

[Artegal 1]

With the K-3 there is a lot more paperwork to do once you are here in the USA.

That's assuming you adjust status in the US and don't return home for the CR-1.

True--that's another possibility. I guess you have to consider at this moment how fast are K-3 (I-129F) moving versus CR-1 (I-130). And would you really want to move to the USA on a K-3 only to turn around and go back for another round of interviews for the CR-1, do an AOS here instead of returning. It might be better just to stay the course for the CR-1. I see a lot of forum post about delays of the I-129F reference IMBRA. I don't know exactly how that applies to cases where the couple is already married. I mean it is the same form as the non-spousal K-1 (financee) visa--but still, seems odd to me, that IMBRA would in effect keep married people apart. Then again maybe it won't but just help speed up the CR-1 process.

Edited June 12, 2006 by Artegal

[ariest 0]

Well, for me it's really a game of time, since K-3 visas are processed in Kishinev (Moldova) where I live, while immigrant visas are processed in Bucharest (Romania). Besides of having to travel, I also know that here in Moldova I should be able to get the visa pretty soon after the petition approval, perhaps within a week or so. I don't know what's the wait time in Romania, but it must be longer. This way, even if CR-1 and I-129f are approved at the same time, there might be quite a difference when I actually would be able to travel to the US. What if CR-1 arrives to Romania while I am applying for K-3 in Moldova?

I am not even sure what is worse: to travel back for the visa or to adjust status in the US. First path is faster, but involves travel and traveling costs, while the second route can take forever. Does anyone know how long the whole process to adjust status is? I believe from Chicago they forward your application to your local CIS office, am I right? Backlog for New York City is soooo huge, I might be better of traveling back. Does anyone have any experience with NYC?

Everyone, thank you very much for your input! It's been really helpful.