K-3 or CR-1 When Can My Husband Come to the US?

[sararbustamante 0]

New to this forum, so I hope I can get some help. I believe that my I-130 petition is going to be approved in the next month and now I am not sure what exactly what will happen. Can someone please explain? At what point of the process can my husband actually travel to the US (he is from Peru)? I called the USCIS customer service line and they said he is eligible to travel after the I-130 or I-129F is approved, but after reading multiple forums that DOES NOT seem to be the case. Sounds like the K-3 route is closed - so I guess we will apply for the CR-1 - will he be able to be in Hawai'i with me while that visa is pending? Any help would be very much appreciated and I have listed our timeline below as a reference.

Mahalo Nui Loa,

Sara

8/14/10 Marriage Ceremony (Sacred Valley, Peru)

8/20/10 Civil Wedding (Wanchaq, Cusco, Peru)

10/9/10 I-130 Packet Mailed via EMS (Honolulu, HI)

10/12/10 USCIS Receives Packet (Chicago, IL)

10/20/10 Petition Routed to the California Service Center for Processing

11/16/10 Received Form I-797 for I-130

11/19/10 Sent I-129F (Honolulu, HI)

11/23/10 USCIS Receives Packet (Lewisville, TX)

11/29/2010 Petition Routed to the California Service Center for Processing

12/6/2010 Received Form 1-797 for I-129F

[Tero 105]

New to this forum, so I hope I can get some help. I believe that my I-130 petition is going to be approved in the next month and now I am not sure what exactly what will happen. Can someone please explain? At what point of the process can my husband actually travel to the US (he is from Peru)? I called the USCIS customer service line and they said he is eligible to travel after the I-130 or I-129F is approved, but after reading multiple forums that DOES NOT seem to be the case. Sounds like the K-3 route is closed - so I guess we will apply for the CR-1 - will he be able to be in Hawai'i with me while that visa is pending? Any help would be very much appreciated and I have listed our timeline below as a reference.

Mahalo Nui Loa,

Sara

8/14/10 Marriage Ceremony (Sacred Valley, Peru)

8/20/10 Civil Wedding (Wanchaq, Cusco, Peru)

10/9/10 I-130 Packet Mailed via EMS (Honolulu, HI)

10/12/10 USCIS Receives Packet (Chicago, IL)

10/20/10 Petition Routed to the California Service Center for Processing

11/16/10 Received Form I-797 for I-130

11/19/10 Sent I-129F (Honolulu, HI)

11/23/10 USCIS Receives Packet (Lewisville, TX)

11/29/2010 Petition Routed to the California Service Center for Processing

12/6/2010 Received Form 1-797 for I-129F

Here's a link for an idea. You can navigate through some more

http://www.visajourney.com/timeline/irstats.php

Edited January 25, 2011 by Tero

[canadian_wife 1,791]

The K-3 visa is dead. Please make sure you follow the guides for the Cr-1 visa

FYI - when we petitioned, those with a pending I-129F were approved 6-8 weeks after those with stand alone I-130s

If he has a valid tourist visa, he can visit you but no guarentees of entry or duration of stay

Good luck

[Sra Gomez 9]

Nice to see another Cusco person out here =) Good luck on your journey.

It is VERY hard to get tourist visas in Peru, almost impossible unless you can prove strong ties to the country and intentions of returning. By the fact that you already filed a marriage visa, they will probably deny the tourist visa.

You are looking at some months of waiting, but once it gets transferred to Lima, you will have your interview in less than 1 month =)

If you have any questions about this process let me know

-Bela

[Darnell 8,478]

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/

---

Once the I-130 Petition is approved, still must do NVC processing to actually apply for the VISA - see

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

then if you'd like some speed by utilizing the online payment portal - see

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

Your husband can be anywhere his CURRENT visa in HIS PASSPORT allows him to be, but with an I-130 in play, expect further scrutiny at the airport POE, must be able to show strong ties to home country via additional paperwork to CBP goon, in real time, before being allowed to exit the International Arrivals Area of the Airport.

--

as to 'this visa', the CR-1 - ONCE he has the CR-1 visa stamp in his passport, he can travel to the USA.

--

based on 'this date' -> 12/6/2010 Received Form 1-797 for I-129F --> I'll hazard a guess - the I-130 will get approved on or about the 11th of May, 2011.

Edited January 26, 2011 by Darnell