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Liz_D

Need to decide between CR-1 with K-3 or K1 visa.

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Filed: Country: Cameroon
Timeline

My fiance and I have a dilemma. We are both in Korea at the moment but I have to go home to the USA at the end of this month. I was under the impression that as my spouse, the visa process for my husband would be faster. Now I am hearing that a K-1 fiance visa is actually faster and easier to get approved. Is this right? I was considering filing the I-130 for my husband along with the petition for the K-3 if that would make things go faster. If it is easier and faster to get the K-1 visa for my fiance, we might just wait and get married in the US. I also read somewhere, though can't remember where, that the income requirement to sponsor a fiance is 100% of the federal poverty guideline instead of 125%. I have searched the US Immigration website and can't find the actual income needed to sponsor a fiance visa anywhere. Basically, I am asking what our best option will be to get him to the US as fast as possible. I am also worried about having enough income to sponsor him, so needing less would be helpful. Thanks in advance for any help.

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Filed: Country: China
Timeline

K-3 visa is administratively dead so you can forget that one. The K-1 vs CR-1 visa from start to entry in to the US is pretty comparable time wise. The difference is the process for the K-1 doesn't stop there. Your spouse won't be able to work until you AOS and they get a green card which can be months and months. With the CR-1 they are eligable for a GC as soon as they enter the US so they can work and go to school or whatever. Very important for assimilating and not being bored and homesick.

The other difference is the cost. K-1 is cheaper if you look at the process up to entering the US, but there are still a lot of fees after this that must be included which makes the K-1 more expensive in the long run. So from a practical standpoint CR-1/IR-1 is faster from start to finish and less expensive. K-1 may save a couple of months for the time of entry but it is a trade off. Another thing to consider is that several things I have read from CO's themselves indicate they are much more critical for K-1 visas becasue there is more fraud with this especially when there is a co-sponsor involved. Botton line is each have pros and cons it just depends on what makes the most sense in your situation.


Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Filed: Lift. Cond. (apr) Country: China
Timeline

I also read somewhere, though can't remember where, that the income requirement to sponsor a fiance is 100% of the federal poverty guideline instead of 125%.

The only needing to have income at 100% of the federal poverty line only applies if the sponsor is sponsoring their spouse or child AND if the sponsor is on active duty in the US Military.

Even though you will be filling out the I-134 in the case of a K1, I have seen posts on VJ that say the guidelines on the I-864P are used by Embassies and Consulates to make a determination in K1 cases with regards to income.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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