Choosing between K-3 and IR-1/CR-1...advice please!!

[Muts&Dani 0]

Hi Everyone!

I'm with my wife (from the US) now celebrating the holidays in Ghana, where I live, and we are beginning to start our filing process for me to become a permanent resident. We would like to share our story and then ask a couple of questions that concern us.

We met in October of 2010 and got married December 2010. In March of 2011, her father invited me to visit during my summer break from college. I was denied this visitors visa and my wife then came to visit me in August 2011. She is here once more and we know we want to use the 1-130 form but are unsure of the exact benefits with the k-3 or IR-1/CR-1 visas.

One concern we have is that while applying for my visitors visa, instead of indicating married I mistakenly put single even though we had been married since December 2010. How will this affect my wife's filing and will it become a determining factor once I have to go for my interview at the consulate in Ghana?

Next, we would like to clarify the difference of the K-3 and IR-1/CR-1 visa. For both you would use the I-130 form; however, if wanting to wait for the IR-1/CR-1 visa then you don't summit the I-129F form...correct?

Last, in filing for the I-130, the supporting documents we are planning to use are solely our marriage certificate, issued here in Ghana, along with pictures of our wedding and other visits here, flight itineraries, and skype conversations from the past year. Those who have gone through this, have you found that this has been enough "evidence." Since I am in my final year of study and we have been living apart for the year.

Thank you, thank you, thank you for any advice or suggestions you have for us. We greatly appreciate your help.

Cheers,

Murtala & Dani

[together4evr 360]

K3 is not used much. And it usually gets closed and they continue with the CR-1 anyhow. K3 costs more. K3 will not allow you to work in USA for at least 3 months.

CR-1 you get a conditional residency for 2 years and you can work within 2weeks or a month. Cheaper and a much better option. Both seem to take the same amount of time right now or K3 is just 1-2 months quicker.

You probably are in trouble for lying to us government about single status. That is a misrepresentation and could have a lifetime ban. They will look at your tourist visa application. I think you might need a lawyer. Even if it was an accident, it is still a lie. In the interview were you asked if you know anyone in USA? and did you say my wife and father-in-law. It might help if you acknowledged you had ties to USA when you interviewed and then they might see your application as an accident when you marked single.

Good Luck

[Ryan H 3,892]

One concern we have is that while applying for my visitors visa, instead of indicating married I mistakenly put single even though we had been married since December 2010. How will this affect my wife's filing and will it become a determining factor once I have to go for my interview at the consulate in Ghana?

It won't have much of anything to do with your wife filing the petition. However, when the time comes for you to interview at the Embassy, the Embassy will see the previous tourist visa application and they will see the erroneous information you put on an official US Government form that you would have signed stating that all information provided was true and accurate. You are possibly facing material misrepresentation which carries a lifetime ban.

Next, we would like to clarify the difference of the K-3 and IR-1/CR-1 visa. For both you would use the I-130 form; however, if wanting to wait for the IR-1/CR-1 visa then you don't summit the I-129F form...correct?

In short, CR-1 (and IR-1) is an immigrant visa, holders become permanent residents on arrival. K3 is a non-immigrant visa requiring adjustment of status in order to obtain permanent residency. The filing of an I-130 alone starts the CR-1 process. The K3 process is started by filing an I-129F after the NOA1 on the I-130 is received. The two petitions are tied together by USCIS and adjudicated at the same time. More often than not, both approved petitions arrive at the NVC at the same time, a scenario that results in the I-129F for K3 being administratively closed by the NVC leaving only the I-130 for CR-1 active. Administrative closure of an I-129F for K3 when an approved I-130 is on station at the NVC is current NVC policy.

Last, in filing for the I-130, the supporting documents we are planning to use are solely our marriage certificate, issued here in Ghana, along with pictures of our wedding and other visits here, flight itineraries, and skype conversations from the past year. Those who have gone through this, have you found that this has been enough "evidence." Since I am in my final year of study and we have been living apart for the year.

What you have in terms of evidence is what goes in with the file (copies when filing a petition with USCIS). However, your biggest hurdle in my opinion is the erroneous marital status information you provided when you applied for a tourist visa.

[bigdog 377]

I would talk to a lawyer before continuing.

[TimeTravel 78]

Did CO ask you, whether are you single or married? What was your answer?

[Josie-Be-Happy 11]

Since you are married, you should file for the I-130/CR1. It's much better (conditional permanent resident) and cheaper than to file for the K3 visa.

Your other issue is the fact that you stated that you were single at the time you applied for a tourist visa. Whether or not this was intentional, it may be viewed as providing false information or misrepresentation. Be prepared to answer this question if it does come up.

Good luck.

[SmilesAbroad 27]

I recently read on an experienced lawyer's website that K-3 visas have not actually been issued since February of 2010. They will tell you they do still offer the K-3 but they actually haven't handed out any, and it actually costs more because the green card is not included in the K-3 and has to be filed and paid for separately.

[bdawn 66]

Hi Everyone!

I'm with my wife (from the US) now celebrating the holidays in Ghana, where I live, and we are beginning to start our filing process for me to become a permanent resident. We would like to share our story and then ask a couple of questions that concern us.

We met in October of 2010 and got married December 2010. In March of 2011, her father invited me to visit during my summer break from college. I was denied this visitors visa and my wife then came to visit me in August 2011. She is here once more and we know we want to use the 1-130 form but are unsure of the exact benefits with the k-3 or IR-1/CR-1 visas.

One concern we have is that while applying for my visitors visa, instead of indicating married I mistakenly put single even though we had been married since December 2010. How will this affect my wife's filing and will it become a determining factor once I have to go for my interview at the consulate in Ghana?

Next, we would like to clarify the difference of the K-3 and IR-1/CR-1 visa. For both you would use the I-130 form; however, if wanting to wait for the IR-1/CR-1 visa then you don't summit the I-129F form...correct?

Last, in filing for the I-130, the supporting documents we are planning to use are solely our marriage certificate, issued here in Ghana, along with pictures of our wedding and other visits here, flight itineraries, and skype conversations from the past year. Those who have gone through this, have you found that this has been enough "evidence." Since I am in my final year of study and we have been living apart for the year.

Thank you, thank you, thank you for any advice or suggestions you have for us. We greatly appreciate your help.

Cheers,

Murtala & Dani

Now the problem is, when you made a mistake (assuming you did make a mistake) and wrong single, did the CO ask if you have a close relation who is a U.S Citizen or Permanent Resident? If he/she did, what was your response? Did the CO ask if you were married during the interview (they often do this because of the possibility of error on the application form)? If he/she did, what was your response? If you said no to any of these questions, then you are in for trouble! I think you've got to speak with a lawyer.

[pushbrk 13,611]

I would talk to a lawyer before continuing.

Absolutely. You may well have committed a material misrepresentation that would require a waiver process after your spouse visa is denied. Since they denied the visitor visa, they may well not notice or be concerned about this issue but you should be prepared. Never lie on an immigration form or to an immigration officer.

Did CO ask you, whether are you single or married? What was your answer?

It doesn't matter. The misrepresentation was made in writing on a visa application.