Time Crunch

[Darnell 8,479]

how would you return with your wife, in August?

my apologies for seeming dense.

[Benj42 0]

how would you return with your wife, in August?

my apologies for seeming dense.

Darnell, I appreciate the time you have put into this for me! Feel free to ask all the questions you need! Not exactly sure what you mean, so I will try to answer this thoroughly:

I plan to fly from Hong Kong to the United States (to JFK airport in New York) in the beginning of August. I was hoping that my wife would already have the IR-1/CR-1 visa by that time. However, it seems like the time between the wedding (April) and coming to the US (August) will be too short to complete the process. So I am looking for ideas of how I can still return to the US in time for school with the least amount of time away from my (future) wife. (either she comes with me to the US with a tourist visa first and then returns to HKG to finish the process, or we really hope that the whole process can be completed before August)

[Darnell 8,479]

Has she had a tourist visa prior?

does your uni have any continuing education program, do they issue student visas for any of their programs in the CE area?

[Benj42 0]

Has she had a tourist visa prior?

does your uni have any continuing education program, do they issue student visas for any of their programs in the CE area?

She has previously had a student visa (she studied in the US for 5 years). I can look into a student visa, that is a good idea.

What would that mean then for obtaining a spouse visa (IR-1/CR-1)? Could I file for a spouse visa while she has a student visa, and then have her return to HKG for the medical and the interview?

A tourist visa is only for 90 days correct?

[Darnell 8,479]

a student visa and CR-1 processing can run concurrently, if the student visa is awarded first.

not certain if she'd get a tourist visa after marrying you - she'd have to show exceptionally strong ties to HKG - having a husband in USA sorta implies she has some immigrant intent. She could certainly try for the tourist visa NOW, prior to you filing the I-130.

Roll the dice, see what sticks, aye?

[Benj42 0]

a student visa and CR-1 processing can run concurrently, if the student visa is awarded first.

not certain if she'd get a tourist visa after marrying you - she'd have to show exceptionally strong ties to HKG - having a husband in USA sorta implies she has some immigrant intent. She could certainly try for the tourist visa NOW, prior to you filing the I-130.

Roll the dice, see what sticks, aye?

Oh yeah, good thoughts. However, I continued my research and remembered the K3 visa. It seems I can apply for a K3 visa, while still having my I-130 processing and then see which one comes first (the K3 or the IR-1/CR-1). I was trying to find processing times for the K3, but couldn't find exactly what I was looking for. Do you know if K3 visas typically allow faster entrance into the US?

[GandK 168]

Hi Benj42

You will not have a spousal visa in hand four months after you apply for CR-1 in april 2012. You can bet on that. The processing time for CR-1 is 9-12 months.

K-3 is supposed to bring your spouse to the country faster while waiting but the processing time approaches the processing time of CR-1, so they are fading it out. No one really applies for K-3 anymore.

Your wife can apply for a tourist visa, which will be difficult to get as your wife now has immigrant intent.

Have you considered fiancee visa K-1? it takes about 6-9 months and if you apply for K-1 right now, there is a very good chance that your wife will get the K-1 visa before august 2012. Then you can get married in the USA.

Sorry I wish I could bring you some good news but unfortunately there is no shortcut or speedy highway for this process.

Good luck

[Ryan H 3,900]

Oh yeah, good thoughts. However, I continued my research and remembered the K3 visa. It seems I can apply for a K3 visa, while still having my I-130 processing and then see which one comes first (the K3 or the IR-1/CR-1). I was trying to find processing times for the K3, but couldn't find exactly what I was looking for. Do you know if K3 visas typically allow faster entrance into the US?

Firstly, you don't apply for a visa, your spouse does (you file a petition).

With regards to the K3, if you were to file an I-129F to start the K3 process, USCIS would tie the two petitions together by pulling your I-130 from its currently place in the queue and placing it with the I-129F that would have just been submitted. An adjudication decision is made on both petitions at the same time. If both petitions are approved, they are sent to the NVC; if the NVC receives both petitions at the same time or if they receive the I-130 before the I-129F, the I-129F that was filed to start the K3 process will be administratively closed by the NVC.

IMO, you are better off letting the I-130 run its course on its own.

[Benj42 0]

Thanks everyone, yeah, I guess I better start changing my plans. The wedding here in Hong Kong is already planned and booked, so moving that would not really be an option. Right now I am looking into student visa options, or perhaps a working visa. However, if I opt for one of these, can my wife still apply for a IR-1/CR-1 while using a student/work visa? If anyone has any suggestions, I am all ears. Thanks!

[Darnell 8,479]

if holding a student or work visa

and

if IN the USA,

then can file for an Adjustment of Status - no further VISA route necessary, IF the marriage occurs in the USA.

Unsure about foreign marriage, really.

---

Some Old Fodder about the K-3 :

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

====

might be better for 'living together time' if you file for CR-1 visa the week after you marry - as there's some blinding speed on approvals on I-130s for a USCItizen living out of the USA, these last 5 weeks.

Edited January 9, 2012 by Darnell

[Benj42 0]

might be better for 'living together time' if you file for CR-1 visa the week after you marry - as there's some blinding speed on approvals on I-130s for a USCItizen living out of the USA, these last 5 weeks.

Thanks Darnell. Yeah, I have been doing a lot more digging and perhaps you are right. I should just stay the course and petition for the IR-1/CR-1.

However, I do have another question that arose. Is there any difference in rights if one would obtain an immigrant visa for employment rather than for a spouse? Is the immigrant visa (any kind) just a way to gain residence in the US?

[Penguin_ie 6,000]

Immigrant visa is immigrant visa. However, it is quite difficult to get an immigrant visa for work.

[Benj42 0]

Immigrant visa is immigrant visa. However, it is quite difficult to get an immigrant visa for work.

Good to know, Thanks! Wow, I wish I could do DCF, your timeline is super fast!! I e-mailed the US Consulate here to double check if they do DCF or not. Waiting for a reply now.

[Penguin_ie 6,000]

Hong Kong is not 0n the list of countries having a USCIS office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD), so unfortunately, nop DCF for you.