129F-K-3 visa

[jv323 3]

what are the pros and cons of filing for this, I already have received a NOA1 for my I-130 for my husband.

[mschana 0]

we filed for k3 thinking it would be faster but have now confirmed its not. still waiting for approval and now opted to wait for the CR-1 processing

[carpediem2006 0]

Well, the thing is, due to turf wars between USCIS and the NVC, if you file for a K-3 (in other words, submit an I-129f along with your I-130) and the I-130 gets approved at the same time or before the I-129f, the NVC will 'administratively close' the I-129f or K visa petition, and NVC will stick you with a CR1/ IR1 visa petition.

Due to the NVC's new policy on this, and how I-130 processing is now pretty fast, a K-3 is pretty much a dead visa, and you'll end up getting your original K visa application changed for a CR1/ IR1 visa anyway.

Now, the PROS for getting a K-3 visa in the event that the I-129f gets approved first (extremely unlikely) are that you skip the whole NVC process. USCIS does processing, the NVC glances at the casefile for a day or so, and then it gets shipped off to the consulate. You would be looking at about a 5 month wait for the USCIS approval. Also, at the medical exam before the interview, no vaccinations are required.

K-3 cons: It is more expensive in the long run, because adjustment of status from non immigrant to immigrant visas is expensive, also your spouse would have restrictions when in the US. No work permission, period.

CR1/ IR1 PROS: Once the process is totally complete, upon Point of Entry, the spouse is given a 'green card' stamp in the Passport, which is the residency permission and is also work permission. The spouse upon entry into the USA is now a permanent resident (albeit if you have not been married for more than 2 years it will have certain conditions... basically that you'll just have to renew the green card after 2 years) Also, the spouse can now enter and leave the country whenever he/she wants. They can also receive social security card.

CR1/ IR1 CONS: You WILL have to go through the NVC and consulate scheduling process.

My opinion: Just do the CR1/ IR1. If you are smart about it, and are pro active it will not take near as much time as everybody says. Especially in Juarez where your interview will be. I got my NOA 1 on Jan 22 or something like that, and my wife's interview date is on Aug. 12... Just a little under 7 months from start to finish. If you are careful about making sure all documents are filled in correctly and are proactive in the NVC stage with all of the required documents and payments, it will be smooth sailing and it will go by fast.

[Ryan H 3,790]

what are the pros and cons of filing for this, I already have received a NOA1 for my I-130 for my husband.

Cons:

If you file it, USCIS will pull your I-130 from its current place in the queue and place it with the I-129F you will have just submitted (that's how they tie the petitions together)

May be administratively closed by the NVC if the NVC receives it at the same time or after they receive the I-130

Adjustment of Status required for your husband since it's a non-immigrant visa

Pro:

All NVC will do is assign a case number and send it to the Consulate. Note: If you manage things with the NVC properly on your end with the CR-1, then NVC processing can move quickly. Obviously, you can't control things on the NVC end.

IMO, let the I-130 run its course through USCIS and the NVC on its own.