K-1, K-3, or IR1/CR1

[thminh86 0]

Hello everyone,

I just got engaged to my fiance in Vietnam, and we have known each other for about 10 years since high school. She went to the US for a bachelor degree, but went back to VN after her student visa ended. So now she is in VN, and I am in the US. Before proceed with our weddings, we are wondering what are the advantages and disadvantages of each of the visa types.

We are considering either K-1, K-3 or IR1/CR1 Visa, but we are not sure of the success rate and the comparative risk of all procedures. My time window is also very small, I can only go back to VN for visit 2 months at a time at most (twice a year max).

Right now, we want to get married, then apply for IR1/CR1, but I heard that it can be faster to obtain K1, or K3. I also heard that K1 and K3 get denied very easily these days. We want to see each other as soon as possible, but also want to make sure that everything goes smoothly. Can anyone tell us the general success rate of each procedures?

Thank you very much!!

[Carol & Tim 4]

I don't know your situation but If I were you I would apply for CR-1 after you get married. It takes longer but at least when your fiancee gets to the USA she will have her green card already and she can work and etc. If you apply for K-1 it really can be faster but she will take a little long to start working because she will have to adjust her status. I'm applying for CR-1, I am waiting 6 months. My case is at the NVC right now and soon I will have my interview date.

[Barbara J 115]

Hello everyone,

I just got engaged to my fiance in Vietnam, and we have known each other for about 10 years since high school. She went to the US for a bachelor degree, but went back to VN after her student visa ended. So now she is in VN, and I am in the US. Before proceed with our weddings, we are wondering what are the advantages and disadvantages of each of the visa types.

We are considering either K-1, K-3 or IR1/CR1 Visa, but we are not sure of the success rate and the comparative risk of all procedures. My time window is also very small, I can only go back to VN for visit 2 months at a time at most (twice a year max).

Right now, we want to get married, then apply for IR1/CR1, but I heard that it can be faster to obtain K1, or K3. I also heard that K1 and K3 get denied very easily these days. We want to see each other as soon as possible, but also want to make sure that everything goes smoothly. Can anyone tell us the general success rate of each procedures?

Thank you very much!!

We all want to see each other as soon as possible but what ever way you go it is going to take the same amount of time. Depends on whether you want to marry over there and then be apart from your wife or you file for a 129f petition to allow her to get a K1 visa and the be apart engaged and then when she gets here she can stay and you don't have to be apart. Totally up to you. ANy visa can get denied at interview stage it is a risk we all take. But if you are honest and have all the required evidence to prove your relationship then there is no problem at all.

[canadian_wife 1,802]

http://www.visajourney.com/content/compare

Have you checked the comparason guide in the link above?

Note that the K3 is spotty at best, not really a viable visa option these days

Good luck

[YuAndDan 153]

K-3 is essentially a dead visa type, USCIS has improved their process to the point that the reason K-3 exists as an option no longer exists. K-3 was derived at a time when it was taking years to get an I-130 approved, the K-3 allowed entry and WAITING for I-130 approval. Since I-130 is approved at same time as I-129F, and both sent by USCIS to NVC at same time, NVC CLOSES the I-129F for the K-3, and proceeds with I-130 for a CR-1, No need for K-3 because the I-130 is approved BEFORE K-3 can be issued.

[thminh86 0]

Thank you for all your responses.

I have read the comparison, and I believe that the IR1/CR1 is the best way to go. I just want to make sure that I am making the right choice regarding this issue.

I saw a couple of lawyers around my area, and they all told me that the K1 and K3 has a high denial rate, so it isn't worth it.

Another of my concern is that I only started making money for a year, and the IR1/CR1 process requires 3 years. Has anyone has experience with this before?

[Carol & Tim 4]

My husband did quit the military one month ago so he doesnt make any money anymore. I don't think this will be a problem for you but you can have a co-sponsor, my father-in-law will be my co-sponsor as my husband can not be my sponsor at this moment. Also, the CR-1 is cheaper than K-1! Its plus around 1,000 to adjustment of status after the process is done. Send the documents to USCIS and when it gets into the NVC just call them and ask if this is a problem, but I dont think so.

Good Luck!!!

[YuAndDan 153]

Thank you for all your responses.

I have read the comparison, and I believe that the IR1/CR1 is the best way to go. I just want to make sure that I am making the right choice regarding this issue.

I saw a couple of lawyers around my area, and they all told me that the K1 and K3 has a high denial rate, so it isn't worth it.

Another of my concern is that I only started making money for a year, and the IR1/CR1 process requires 3 years. Has anyone has experience with this before?

Nope, many do CR-1/IR-1 shortly after college with less than a year's work behind them, not a problem. You need to show evidence of current income (Copies of recent pay-stubs going back at least 6 months), and future income (A letter from employer)

The 2-3 years has to do with showing a track-record of income, if current year is poor.

[hniHnitsuJ 8]

Welcome to VJ family thminh.

CR-1 is the best way to go, as many people mention in here.

Good luck.

[JimVaPhuong 4,863]

Thank you for all your responses.

I have read the comparison, and I believe that the IR1/CR1 is the best way to go. I just want to make sure that I am making the right choice regarding this issue.

I saw a couple of lawyers around my area, and they all told me that the K1 and K3 has a high denial rate, so it isn't worth it.

Another of my concern is that I only started making money for a year, and the IR1/CR1 process requires 3 years. Has anyone has experience with this before?

The denial rate at the consulate in HCMC is not much better for IR1/CR1. Whether K1 or CR1, the salients points are:

1. Make sure you've gotten sufficient "face time" together, and you have documented evidence to prove it. Two trips a year, at two months a pop, is actually quite good. Many people go into the process with far less.

2. Make sure your relationship would pass the smell test with an 80 year old Vietnamese grandmother. By this I mean make sure you've followed the normal traditions and customs for an old fashioned Vietnamese marriage. Have a big Dam Hoi, and then have a big wedding. Try to get some members of your family in the US to attend. Do the parade with the gifts under red cloths. Wear the blue and red Ao Dai. Do the whole "old school" Vietnamese wedding thing. The consulate expects it, even in this day and age.

3. Take your time. The biggest problem people have at the consulate is when it appears they rushed into it. Many people have been shot down for having a small quickly organized Dam Hoi on their first two week visit to Vietnam, for example.

You'll need to submit an affidavit of support, and you'll need to show income of at least 125% of the poverty guidelines. For two people that's currently $18,387 per year. Fortunately, with a CR1 you can have a joint sponsor if you don't earn enough to qualify. That isn't an option with a K1 at the consulate in HCMC.

[thminh86 0]

Thank you all for your kind replies.

IR1/CR1 was our original choice, and from the new info, we are going to stick with it.

@JimVaPhuong: I am a student so I tried to go back twice a year, 3-4 weeks in summer and 5-6 weeks in winter for the last 2 years. Occasional quick visit while she was sick. We are planning on a Dam Hoi in May and a big wedding in Dec with my parents coming from the US to attend. I think that is good enough.

@YuAndDanI made about 25k last year as a self-employed tutor who works with various students. I am not sure how this would factor in when I file for support. I am thinking of getting my uncle sponsor for us. He lives in Oregon, while I'm in CA. Would that be of any disadvantages? Also, how do you think I should prove my future financial income?

[thminh86 0]

Also, I am wondering about the time to turn in the I-130. I am going to get the marriage certificate in Summer and have a Dam Hoi then. But the wedding is in December. Would it be wise to wait until after the wedding to turn in the I-130? Or can I turn it in after my summer trip and have the wedding info ready to provide if they ask? I believe that is the proof of Bona Fide marriage part.

[JimVaPhuong 4,863]

Also, I am wondering about the time to turn in the I-130. I am going to get the marriage certificate in Summer and have a Dam Hoi then. But the wedding is in December. Would it be wise to wait until after the wedding to turn in the I-130? Or can I turn it in after my summer trip and have the wedding info ready to provide if they ask? I believe that is the proof of Bona Fide marriage part.

If I understand what you're saying, you will be legally married this summer, but you'll have the ceremony in December. Is this correct?

As long as you have a legal marriage certificate then you can file the I-130. Personally, I wouldn't submit the I-130 until after the wedding ceremony, and I would include evidence of the wedding ceremony (pictures and stuff) with the petition. There is abundant evidence that the CO's in HCMC make their decisions based on the evidence they have in their hands before the interview, so there's a strong case for frontloading evidence with the petition.

[ScottThuy 140]

Some VJ member stats for CR1 vs K1 2010 and jan 2011... based on results reported.. a total of 44 records..

CR1 approved 18

CR1 denied 2

K1 approved 17

K1 denied 7

CR1 approved 90% vs K1 approved 71%

total approval rate for the 13 mo period is 80% keep in mind that these numbers fluctuate each month slightly...

The numbers don't really mean that one is better than the other IMO it means that someone with a CR1 is more likely to have the needed documentation of a bonafide relationship...

[ScottThuy 140]

If I understand what you're saying, you will be legally married this summer, but you'll have the ceremony in December. Is this correct?

As long as you have a legal marriage certificate then you can file the I-130. Personally, I wouldn't submit the I-130 until after the wedding ceremony, and I would include evidence of the wedding ceremony (pictures and stuff) with the petition. There is abundant evidence that the CO's in HCMC make their decisions based on the evidence they have in their hands before the interview, so there's a strong case for frontloading evidence with the petition.

Agreed... its required that you be legally married to file the CR1, but the most important aspect of filing for the visa is being able to document a bona fide relationship to a reasonable person.. Documenting a marriage is easy, but a marriage cert does not always mean a bonafide marriage in the eyes of the CO, many with marriage certs have been denied..... be sure the Dam Hoi is not done after the marriage docs...

I would wait until after the formal wedding to show proof that the entire family is on board... look at the marriage cert itself as a minimum expectation... is getting the marriage cert in Dec an option?