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le_janna

K3 / CR-1 confused

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Why did our Immigration Lawyer have us file an I-130 and then an 1-129F 2 weeks after that? Both Petitions were approved on Monday, April 18th and now the K3 is probably gonna be a non-factor and we will have to go through a Immigrant Visa. Our lawyer originally said we would be going through the K3 process and when my wife gets to the U.S., we would then have to pay Dept of Homeland Security $1,050 for a Change of Status for her and she would probably be allowed to work in 90 days when the Change of Status was approved. As it stands now, if we go through Immigrant Visa process, will it take longer? Also, why do we only have an estimated $495 in filing fees for this Visa as well as supposedly being issued a green card and SS# within weeks of her Port of

Entry to the U.S. Is this accurate???

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Will it take longer? Yes, because you will be following a visa path that actually, consistently exists. Now the k-3 is a jumbled mess that you want to stay away from

Yes, there are visa fees in the NVC, but you'll save thousands because you won't spend the adjustment of status fee.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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With the CR-1 process, your wife will get a stamp in her passport when she enters the US that in effect is a temporary green card. The actual green card and SS# will show up in the mail in a few weeks, although sometimes you have to go to the SS office if it doesn't arrive in a couple of weeks, but it is no big deal. She will be able to work as soon as she has the SS#--much better than the old K-3 process, and a heck of a lot cheaper.

Your lawyer either doesn't know all the current procedures, or he is padding his fees, or both. I have seen that countless times here and at another website with much more complicated cases.

Edited by magical

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Hi everyone! I am the husband of the original poster le_janna and we really appreciate all your feedback. Our Immigration Lawyer has originally tried to get us through this process using the K3 but now it looks as if its strictly gonna be an Immigrant Visa. Yes, we are glad we have to avoid the $1,050 Change of Status Fee but not if its gonna slow down our time to get our Interview and then have her here with me. It says on alot of the CR1-1's that it takes about 3 months to get an interview. Is that accurate? K-1's and K-3's seem to be much faster (1 month). Our Immigration Lawyer only charged us a One Time Fee of $4,000 so any and all work regardless of how much extra he has to do on the case is all included and he is unable to pay his fees. For the amount we are paying, thats the least that should happen but the good thing is he is quick and efficient with all our paperwork. Unfortunately he severely lacks in communication skills. LOL Let us know what you think and thanks again for all the help.

With the CR-1 process, your wife will get a stamp in her passport when she enters the US that in effect is a temporary green card. The actual green card and SS# will show up in the mail in a few weeks, although sometimes you have to go to the SS office if it doesn't arrive in a couple of weeks, but it is no big deal. She will be able to work as soon as she has the SS#--much better than the old K-3 process, and a heck of a lot cheaper.

Your lawyer either doesn't know all the current procedures, or he is padding his fees, or both. I have seen that countless times here and at another website with much more complicated cases.

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You can expect the entire CR-1 process to last 8 - 9 months from the time of the original filing, or possibly longer since you are in the Philippines. Check out the Portals button at the top of this page and you will find lots of information. Also the immigration timelines button. You have our very best wishes.

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Our Immigration Lawyer only charged us a One Time Fee of $4,000

:wow:



N400


Filing based on 3yrs/USC Spouse. 3 year residency anniversary is in August 2014. Filed immediately after the 90-day early filing mark (May 2014)


05/06/2014 - Mailed N-400

05/15/2014 - Check cashed

05/12/2014 - NOA Date

06/11/2014 - Biometrics Appointment

09/15/2014 - Inline for interview scheduling (was stuck in "Initial Review" for over 3 months!)

10/27/2014 - Scheduled for interview

12/01/2014 - Interview

12/19/2014 - I AM A US CITIZEN!


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Why did our Immigration Lawyer have us file an I-130 and then an 1-129F 2 weeks after that? Both Petitions were approved on Monday, April 18th and now the K3 is probably gonna be a non-factor and we will have to go through a Immigrant Visa. Our lawyer originally said we would be going through the K3 process and when my wife gets to the U.S., we would then have to pay Dept of Homeland Security $1,050 for a Change of Status for her and she would probably be allowed to work in 90 days when the Change of Status was approved. As it stands now, if we go through Immigrant Visa process, will it take longer? Also, why do we only have an estimated $495 in filing fees for this Visa as well as supposedly being issued a green card and SS# within weeks of her Port of

Entry to the U.S. Is this accurate???

Please let us know whether your I-129F petition gets closed by NVC. We have a couple data points that indicate USCIS may have started sending the petitions to NVC separately instead of together like they've been doing for four years. It's possible the K3 path is open again as a result and some of us are watching this closely.

If your lawyer is actually managing the process all the way through to US entry, then there's more work to actually obtaining the CR1 visa than the K3 but not more to it than getting the K3 PLUS adjustment of status. Filing a second petition is not as much work as getting through NVC but filing AOS and getting an immigrant visa case through NVC are about the same amount of work.

The key to whether you will have been properly charged, will be whether the services go through to the green card or just through to the visa.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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I just hope she can get here by the Summer since I am off from Teaching Physical Education and it would be soooooooo nice to have the entire summer together.

Marielle is getting her NBI Clearance today and our lawyer has already asked for more info to file Application for Immigrant Visa and Alien Registration as well as an I-864EZ draft form. I'm not sure how he can proceed with these things if he doesn't know 100% for sure yet that the K3 will be dead in our case.

I would imagine we will be getting a case number from NVC any day now if they gave both our Petitions Approval Notice on April 14th. Is that correct? He will have all the information he requested from both of us in his hand by Wednesday of this week. I would imagine by then he will know for sure if the K3 is dead or alive and we have a case number from NVC.

What happens once we get our Case number from NVC? Are our papers going to be held up waiting for the Lawyer to submit an Application for Immigrant Visa or can things already be moving towards the Embassy in Manila?

Thanks

quote name='pushbrk' timestamp='1303663469' post='4626815']

Please let us know whether your I-129F petition gets closed by NVC. We have a couple data points that indicate USCIS may have started sending the petitions to NVC separately instead of together like they've been doing for four years. It's possible the K3 path is open again as a result and some of us are watching this closely.

If your lawyer is actually managing the process all the way through to US entry, then there's more work to actually obtaining the CR1 visa than the K3 but not more to it than getting the K3 PLUS adjustment of status. Filing a second petition is not as much work as getting through NVC but filing AOS and getting an immigrant visa case through NVC are about the same amount of work.

The key to whether you will have been properly charged, will be whether the services go through to the green card or just through to the visa.

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A positive is that once she steps foot in the U.S., she can work right away in her Career Field (if she wants of course). I want her to take as much time as she needs to get adjusted to the move. I just hope since we are not going the K3 route that are interview date is not far off. Still waiting on a new case number from NVC.

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If you don't want to go on the K3 route then don't, simply fail to respond to anything k3 related and it will die off

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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