K-3 versus CR-1 Dilemma

[dands 4]

First I want to apologize if I sound like I don't know what I'm talking about. I have been researching the Visa process for over 2 years and I am still confused and do not have all the answers I need. Hopefully there is someone on this site who is in, or has been in, a similar situation.

I am a Canadian who married a USC in February 2009. I came back to Canada shortly after our wedding and he stayed in the US. We did not have a K-1 fiancee visa. I just went to the US with my passport, which is what I always do and we decided to get married while I was there. We planned for me to come back to Canada and start the whole immigration process ASAP. However, there were some unforseen roadblocks that prevented us from doing this. Both of us had been previously married and our exes started making things difficult - especially mine because I would be taking our children to the US for part of the year to live (previously I discussed this with my ex and he was fine -he changed his mind after I got married).Anyway, I don't want to get into all the details but the bottom line is we didn't file anything and now my ex is in agreement to the kids coming to the US with me for part of the year. Here are my questions:

1) After being married for 1.5 years can we still apply for a K-3 as the whole point of it is to bring spouses together faster? Or would it automatically be rejected because we waited so long.

2) I understand that now it's common for the K-3s to be rejected and the CR-1's issued instead. I get that CR1 is a better visa with instant ability to work once I enter the US - but what about the kids? From what I see on here, my husband would have to file an I-130 for each of them, whereas they would be covered on my petition under the K-3 umbrella. If we file the I-130 and then the I-129f (for K3)and it's rejected, will we have to start from scratch with the I-130 for each child?

3) With a K-3 do each of the children need medicals before entering the USA, as they would with the CR-1? Also do they have to go to an interview for CR-1? From what I gather, they do not have to interview for the K-3. If we have to pay $355 a pop for I-130, $350 (X3)for medical and then two trips to Montreal (X3) it's probably going to cost much more right of the bat then if we were went the K-3 path.

My children are 14 & 12 and my husband and I have given ourselves a deadline of this Friday to decide what we're doing. Any suggestions and/or information would be greatly appreciated.

Thank you

[Darnell 8,478]

1) After being married for 1.5 years can we still apply for a K-3 as the whole point of it is to bring spouses together faster? Or would it automatically be rejected because we waited so long. K-3 is dead. Please strike it out, from any future consideration.

2) I understand that now it's common for the K-3s to be rejected and the CR-1's issued instead. I get that CR1 is a better visa with instant ability to work once I enter the US - but what about the kids? From what I see on here, my husband would have to file an I-130 for each of them, whereas they would be covered on my petition under the K-3 umbrella. If we file the I-130 and then the I-129f (for K3)and it's rejected, will we have to start from scratch with the I-130 for each child? absolutely!

3) With a K-3 do each of the children need medicals before entering the USA, as they would with the CR-1? yesAlso do they have to go to an interview for CR-1? CR-2 From what I gather, they do not have to interview for the K-3. depends on the age, but generally, yes, they do have to go If we have to pay $355 a pop for I-130, $350 (X3)for medical and then two trips to Montreal (X3) it's probably going to cost much more right of the bat then if we were went the K-3 path. you have not discovered the NVC fees yet

My children are 14 & 12 and my husband and I have given ourselves a deadline of this Friday to decide what we're doing. Any suggestions and/or information would be greatly appreciated.

Thank you

Some more research fodder for you -

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

*** moving to 'K-3 Spouse Visa Process & Procedures' forum ***

Edited July 20, 2010 by Darnell

[Mononoke28 134]

You also have to remember that if you had filed for K3/K4 visas, you would've had to file for AOS for all 3 which in the end is way more expensive that the CR1/CR2 visas.

I'm afraid you have no choice but to file for the CR1/CR2 visas since the NVC will most likely not process your paperwork for K3/K4 visas.

Diana

[payxibka 10,044]

3) With a K-3 do each of the children need medicals before entering the USA, as they would with the CR-1? Also do they have to go to an interview for CR-1? From what I gather, they do not have to interview for the K-3. If we have to pay $355 a pop for I-130, $350 (X3)for medical and then two trips to Montreal (X3) it's probably going to cost much more right of the bat then if we were went the K-3 path.

$1,010 each for adjustment of status after arrival if you did happen to get "K" visas

[sachinky 464]

I suggest you proceed with the IR-1 visa. File separate I-130 petitions for your kids.

[dthom 0]

03-25-2009: Engaged in Ithaca, New York.

08-17-2009: Married in Calcutta, India.

09-03-2009: I-130 mailed to Chicago Lockbox.

09-29-2009: I-130 NOA1.

01-25-2010: I-130 approved/ NOA2.

01-29-2010: NVC assigned case # BMB.

03-23-2010: Case completed at NVC.

03-25-2010: Interview date assigned.

04-09-2010: Medical completed.

04-26-2010: Documents submitted to Calcutta VFS.

05-12-2010: Interview at the US Consulate General @ 730AM IST -- APPROVED!

05-14-2010: Passport delivered via courier.

05-20-2010: US arrival, POE Chicago, O'Hare.

06-04-2010: Applied for existing SSN to be updated without DHS annotation.

06-28-2010: Received 'welcome letter' dated 06/22.

07-01-2010: Green Card production ordered.

07-09-2010: Social Security card received.

07-12-2010: Green Card received.

02-20-2012: Apply for Removal of Conditions.

So my question is in the above timeline, when Sachinky eneterd US On 5-20-2010, was she eligible to work the very next day? or would she have had to wait till she physically received the green card/SSN number etc in July?

Thanks!

Edited July 22, 2010 by dthom

[sachinky 464]

A I-551 stamp is a temporary GC so yes, theoretically, you are eligible to start working the next day.

Most job applications will not process without a SSN so you can't really start the job-search till you get your SSN.

I already had one, due to my previous F-1 visa, so I just requested for the annotation on the card to be removed.

I started applying for jobs two weeks after I got here and got hired within two weeks of that.

Edited July 22, 2010 by sachinky

[dthom 0]

That's great! Do you knwo if my husband can apply for a SSN with his B1/B2 visa?

[Darnell 8,478]

That's great! Do you knwo if my husband can apply for a SSN with his B1/B2 visa?

Yes, I do know. and the answer is NO.