CR1 vs. K3 & time limit to enter US following visa?

[kj007 1]

Hi VJ'ers,

hoping to get some advice from those who have been thru this rat race. I just submitted my I-130 petition to the Chicago lockbox yesterday, and was also considering applying for a K3 after the NOA1 in order to gain some time. My wife and I were married on 12/12 in Pakistan, but knowing we would have to wait a while for the visa processing...decided to do a small legal ceremony this year, and are planning a much larger reception in December 2010. the thinking is that ideally she'll be able to come home with me to the US by January of 2011.

given that we have planned for about a year (she's also finishing up her MBA), is that enough time to give the CR 1 process, or would it be less risky to go for the K3 also? From reading VJ, i've seen many people discourage the K3 because of the cost and AOS hassle after entering the US. my primary consideration is time - i know islamabad is a risky consulate when it comes to AP, and am worried that if i wait for the CR 1 to go thru then we might miss out on getting thru this in 12 months.

from researching similar Pakistan timelines on VJ, it seems like the CR 1 should be the way to go for us (males seem to get the brunt of AP in islamabad), as it takes about the same time as the K3...but what's the general consensus here? i dont mind applying for AOS on a K3, but it would be much nicer to have the greencard in hand right away.

also, for the sake of argument - in case we are lucky and get a visa early (K3 or CR1) is there a time limit she has to enter the US on that visa?

thanks!

[lucyrich 19]

An immigrant visa is normally valid for 6 months from its date of issue, and it's normally issued close to the interview date. That means you've got to come to the US at least once during those six months or the visa will expire.

Once you've entered one time on the immigrant visa, the expiration date of the visa is no longer relevant. Subsequent entries are done using your LPR status, which doesn't expire (but can be abandoned or revoked). Evidence of your status will be either your green card or the stamp in your passport that they'll give you when you enter.

If things are processed too quickly, you can contact the consulate and delay the interview.

I'm not so sure about the K-3 validity dates.

[pushbrk 12,245]

An immigrant visa is normally valid for 6 months from its date of issue, and it's normally issued close to the interview date. That means you've got to come to the US at least once during those six months or the visa will expire.

Once you've entered one time on the immigrant visa, the expiration date of the visa is no longer relevant. Subsequent entries are done using your LPR status, which doesn't expire (but can be abandoned or revoked). Evidence of your status will be either your green card or the stamp in your passport that they'll give you when you enter.

If things are processed too quickly, you can contact the consulate and delay the interview.

I'm not so sure about the K-3 validity dates.

K3 issued in Pakistan is valid for 24 months and multiple entries. However, forget about it saving any time. It could actually delay your reunion to file the I-129F.

[ZaheersShezadi 0]

We chose K3 over CR1 just because I am pregnant and we decided that since K3 is "supposedly" faster, we thought it was our best bet to ensure we would get to USA in time to have the baby. He was approved in September and our Interview was originally issued for October. But you know Islamabad, security threats and all, our interview was rescheduled for Nov. We had the interview and now we are still in AP. so you can see why back in September we decided, Hey the baby isnt due til March, that gives us enough time to take the K3 and get there. Well.... we are still waiting in Administrative Processing and we have seen CR1s and IR1s whizz past us from interview to issue while we sit her twiddling our thumbs waiting for ours. Baby is due in about 7 weeks, and now we dunno what to do. So, i suggest that you go ahead and take the time to do CR1. K3 may actually make your timeline slower than the CR1 from interview to issue. good luck.

~Tara

[christeen 966]

I vote for CR1, as the I-130 petition is pulled out of the line to wait for the I-129 during USCIs processing, thus causing you to lose some time... The K3's are basically obsolete visas now... and the CR1 is a FAR superior visa allowing for GC upon entry, work, drivers licence... no AOS etc...

[kj007 1]

awesome, thanks for the feedback! i think that pretty much settles it my mind - i'll go for the CR1 and hope for the best. good to know they put the I-130 on hold while filing the I-129F, it seems logical that another application would complicate the process, but obviously the way they write it on the USCIS site is that the K3 is supposed to provide a quicker way to bring a spouse to the US while waiting for I-130.

@Tara - thanks for the advice, but i'm so sorry to hear you guys are still in AP, especially with the baby on the way. inshallah you'll hear back from the embassy soon.

[OBX 51]

I vote for CR1, as the I-130 petition is pulled out of the line to wait for the I-129 during USCIs processing, thus causing you to lose some time... The K3's are basically obsolete visas now... and the CR1 is a FAR superior visa allowing for GC upon entry, work, drivers licence... no AOS etc...

^^ Agree. Another vote here for the CR1. I can't remember seeing many filers that prefer the K3 route. Good luck.

Edited January 28, 2010 by OBX

[pushbrk 12,245]

awesome, thanks for the feedback! i think that pretty much settles it my mind - i'll go for the CR1 and hope for the best. good to know they put the I-130 on hold while filing the I-129F, it seems logical that another application would complicate the process, but obviously the way they write it on the USCIS site is that the K3 is supposed to provide a quicker way to bring a spouse to the US while waiting for I-130.

@Tara - thanks for the advice, but i'm so sorry to hear you guys are still in AP, especially with the baby on the way. inshallah you'll hear back from the embassy soon.

The USCIS website still tells the story of what K3 was designed to do and used to do. It just hasn't actually worked that way for the last three years.