help on IR1 (i130 petition)

[angelo gutierrez 6]

Hi guys,

I am a United States Citizen and I got married to a filipina 2 months ago in Philippines. I want to bring her here in the states. But I am confused on what kind of petition do I need to file. I was really planning on filing i-130 (spouse of a us citizen) that was my original plan. But recently my wife attended a seminar in Philippines and the guy told her that the IR1/CR1 visa is for couples that is married for 3 yrs already, and the guy told her that we need to use a k3 visa instead because we are married for less than a year. Is this true that I cannot use IR1/CR1 visa for her since we got married recently?

[tjnielsen 2]

Hi guys,

I am a United States Citizen and I got married to a filipina 2 months ago in Philippines. I want to bring her here in the states. But I am confused on what kind of petition do I need to file. I was really planning on filing i-130 (spouse of a us citizen) that was my original plan. But recently my wife attended a seminar in Philippines and the guy told her that the IR1/CR1 visa is for couples that is married for 3 yrs already, and the guy told her that we need to use a k3 visa instead because we are married for less than a year. Is this true that I cannot use IR1/CR1 visa for her since we got married recently?

In response.... No the IR1 and CR1 VISA ARE NOT FOR COUPLE TOGETHER 3 YEARS OR MORE.. IR 1 (Immediate) CR-1 ( Conditional ) i have read many post about this people saying that's what they are being told.. the k3 visa is a NON immigrant visa where the IR 1 and cr 1 are Immigrant visas the amount of time you spend together doesn't mater or how long you have been married... When you file for a K3 visa you file an 129 and a 130 they go to different deparments and once the meet and are in the middle point of processing they change over to the I 130 anyway K3 visa are obsolete you can still file for them or not... i filed for just a I 130 and havn't had any problems yet and have done lots of reading.. I also have family that have done the same thing... the only differance from a K3 and IR visa is that when you wife is approved... since you have not been married for 3 years her green card is only valid for 2 years. 90 day prior to her 2 year annavsery of arrival. you have to to file a I 751 to remove the condition on her green card.. at that point you go threw the steps and once approved you get her 10 year green card.. you will be fine if you file for a IR 1 CR 1 visa....

[Saylin 1,605]

Hi guys,

I am a United States Citizen and I got married to a filipina 2 months ago in Philippines. I want to bring her here in the states. But I am confused on what kind of petition do I need to file. I was really planning on filing i-130 (spouse of a us citizen) that was my original plan. But recently my wife attended a seminar in Philippines and the guy told her that the IR1/CR1 visa is for couples that is married for 3 yrs already, and the guy told her that we need to use a k3 visa instead because we are married for less than a year. Is this true that I cannot use IR1/CR1 visa for her since we got married recently?

No, that's not true at all. The guy did not know what he was talking about at all. Anyone (whether you're married for 1 day or 10 years) can file for an IR-1/CR-1 visa. The K3 is pretty much a dead visa as it usually gets closed once it gets to NVC. So go ahead with your original plan and file the I-130 for the IR-1/CR-1 visa

[LiveLaughLove 2]

You may want to refer to http://www.visajourney.com/content/guides and scroll down to:

US Citizen lives in the US & Spouse lives overseas:

-----o Option 1: CR-1 / IR-1 Visa and I-130 Petition Guide, NVC Flowchart

This section will answer most, if not, all of your questions. I, too, got married in January of this year in Manila. I30/CR1 is what I filled so he can come to be with me here in the US. From what I gathered, K3 is no longer a viable option since February 2010 and cost more than I-130/CR1.

Good luck to you!

[Ryan H 3,791]

But recently my wife attended a seminar in Philippines and the guy told her that the IR1/CR1 visa is for couples that is married for 3 yrs already, and the guy told her that we need to use a k3 visa instead because we are married for less than a year. Is this true that I cannot use IR1/CR1 visa for her since we got married recently?

The guy who told your wife that is completely WRONG! That guy is an idiot also

Once you are married, you can file the I-130 for CR-1. The CR-1 visa is issued to a spouse when then have been married to their petitioner for less than two years. IR-1 is issued when they are married 2 years or more.

K3 is when you file an I-129F after you receive the NOA1 for the I-130. Don't bother pursuing a K3. When an I-129F is filed in conjunction with an I-130, the USCIS ties the two petitions together (they do so by pulling the I-130 you filed from its current place in the queue and placing it with the I-129F that was just received). USCIS typically approves the petitions at the same time and sends them to the NVC together. When the NVC receives the two petitions, they will administratively close the I-129F for K3 leaving only the I-130 for CR-1 active.

You can (and IMO, should) file the I-130 and let it run its course on its own.

Welcome to VJ and if you have any more questions, ask. Best wishes to you and your wife and congratulations on your wedding!

[angelo gutierrez 6]

Thank you so much for the informations that you gave me, I guess now I can finally proceed on filling the i-130. Thanks again guys!

[pars 9]

CR1- less than 2 years of marriage

IR1- Married for more than 2 years

[Casprd 167]

CR1- less than 2 years of marriage

IR1- Married for more than 2 years

[Alex B 9]

No, that's not true at all. The guy did not know what he was talking about at all. Anyone (whether you're married for 1 day or 10 years) can file for an IR-1/CR-1 visa. The K3 is pretty much a dead visa as it usually gets closed once it gets to NVC. So go ahead with your original plan and file the I-130 for the IR-1/CR-1 visa

Not sure I'd agree with the K3 is dead assessment. There have been stirrings on another thread that seems to show that USCIS is now sending the K3 to NVC as soon as it's approved rather than holding it until the IR1/CR1 is approved. It also seems that if NVC receives the K3 without the IR1/CR1 they'll process it. It's still not definitive though and I'd still avoid the K3 because it seems that it slows down the IR1/CR1. Maybe as time goes on we'll see some more concrete evidence of the K3 revival.

[Saylin 1,605]

Not sure I'd agree with the K3 is dead assessment. There have been stirrings on another thread that seems to show that USCIS is now sending the K3 to NVC as soon as it's approved rather than holding it until the IR1/CR1 is approved. It also seems that if NVC receives the K3 without the IR1/CR1 they'll process it. It's still not definitive though and I'd still avoid the K3 because it seems that it slows down the IR1/CR1. Maybe as time goes on we'll see some more concrete evidence of the K3 revival.

Yeah, I've seen a few cases as well where the K3 managed to survive. That's why I said the K3 is "pretty much" dead. I just don't think it's worth applying for. But I'm sure people have valid reasons for pursuing a K3 instead of an IR-1/CR-1.

[Alex B 9]

Yeah, I've seen a few cases as well where the K3 managed to survive. That's why I said the K3 is "pretty much" dead. I just don't think it's worth applying for. But I'm sure people have valid reasons for pursuing a K3 instead of an IR-1/CR-1.

Yup - Like in our case where we get to take a winter trip from Vancouver to Montreal because, of course, the Vancouver consulate is totally incapable of processing an IV. Unless of course you're lucky enough for DCF. Cost wise the air fares/hotel for Montreal vs the cost of AOS from a K-3 would be a wash. My wife will probably take a little while to get a job and so there'd be plenty of time for an EAD.