Where will we be?

[january7th 7]

Hi everyone. I just got confused. What is the differences of K3 in IR1 and CR1 by the way? I was reading the guides a while ago before I came here and post this confusing question. How do I know if we are in IR/CR or in K3 visa?.. My head want to explode in thinking about this. Does the consul will ask you about what visa did your petioner filed? Or NVC will provide which visa you are in? Thanks

[Wally G! 58]

CR1/IR1

Marriage-based petitions for spouses of United States Citizens fall under the immigrant visa categories of IR1 (for couples married for more than two years) and CR1 (for couples married for less than two years).

K-3 Spouse Visa

The K-3 and K-4 Visas allow the Spouse and Spouse’s children (unmarried children under 21) enter the United States to await the approval of the I-130 petition by USCIS or the availability of an immigrant visa.

The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the (K-4 Visa) spouse’s children to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act).

Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse’s unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.

[Darnell 8,478]

Hi everyone. I just got confused. What is the differences of K3 in IR1 and CR1 by the way? I was reading the guides a while ago before I came here and post this confusing question. How do I know if we are in IR/CR or in K3 visa?.. My head want to explode in thinking about this. Does the consul will ask you about what visa did your petioner filed? Or NVC will provide which visa you are in? Thanks

Forget the consul for the moment.

Follow the I-130, and if there's an I-129F, follow the I-129F.

Watch what happens at NVC with the two casefiles.

as to 'how to know' - the USCitizen Petitioner will call into NVC about 25 days after the NOA-2 approval date, then inquire about the casefile status on both (if they exist) casefiles.

If the I-129F was not administratively closed at NVC, then there is some chance for a K-3 visa at the IV Unit in Manila.

[Darnell 8,478]

you could also review all, over at http://www.visajourney.com/forums/topic/347964-after-noa2-what-would-be-the-next-step/

[january7th 7]

Forget the consul for the moment.

Follow the I-130, and if there's an I-129F, follow the I-129F.

Watch what happens at NVC with the two casefiles.

as to 'how to know' - the USCitizen Petitioner will call into NVC about 25 days after the NOA-2 approval date, then inquire about the casefile status on both (if they exist) casefiles.

If the I-129F was not administratively closed at NVC, then there is some chance for a K-3 visa at the IV Unit in Manila.

OK. My husband, which is my petitioner, filed an I-130. So far we haven't get any mail from USCIS to submit an I-129f. He just followed the instructions in every NOA's. Well, we will find out once we get an info from NVC. Thank you so much Darnell. "Gong Xi Fa Cai"

[january7th 7]

CR1/IR1

Marriage-based petitions for spouses of United States Citizens fall under the immigrant visa categories of IR1 (for couples married for more than two years) and CR1 (for couples married for less than two years).

K-3 Spouse Visa

The K-3 and K-4 Visas allow the Spouse and Spouse’s children (unmarried children under 21) enter the United States to await the approval of the I-130 petition by USCIS or the availability of an immigrant visa.

The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the (K-4 Visa) spouse’s children to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act).

Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse’s unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.

Thanks Wally Greene. We are probably in CR1 cause we're married less than 2 years now.

For how long does this process would take? Please don't mind if I ask.

[Matt & Rocio 28]

OK. My husband, which is my petitioner, filed an I-130. So far we haven't get any mail from USCIS to submit an I-129f. He just followed the instructions in every NOA's. Well, we will find out once we get an info from NVC. Thank you so much Darnell. "Gong Xi Fa Cai"

According to your timeline the California Service Center approved your I-130 petition correct? If that is the case there is no need to submit an I-129f for a K3 visa. The next step is to wait for the NVC to assign a case number to your petition. There is a very good guide to the NVC process located here:

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

You might also want to check out this thread for NVC Filers - January 2012:

http://www.visajourney.com/forums/topic/344988-nvc-filers-january-2012/

Congratulations on getting through the USCIS phase of your visa! Things should start moving faster now, so do what you can to be prepared so that when you are asked to submit certain documents/information that you are ready.

[january7th 7]

According to your timeline the California Service Center approved your I-130 petition correct? If that is the case there is no need to submit an I-129f for a K3 visa. The next step is to wait for the NVC to assign a case number to your petition. There is a very good guide to the NVC process located here:

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

You might also want to check out this thread for NVC Filers - January 2012:

http://www.visajourney.com/forums/topic/344988-nvc-filers-january-2012/

Congratulations on getting through the USCIS phase of your visa! Things should start moving faster now, so do what you can to be prepared so that when you are asked to submit certain documents/information that you are ready.

[/quote

Hi Matt and Rocio Yes we got approved just this month. Ok, thanks so much for taking away my worries at least I can sleep and think better now. Thanks again for giving this information. I will browse on the link you gave. I already have my documents printed like emails, chat logs, pictures, marriage cert etc. Can't wait to have an assign case no. Have a wonderful day to you muchas gracias

[Darnell 8,478]

so, USCitizen Petitioner has lots of work to do at NVC.

Yay !

[january7th 7]

OK.. My petitioner just got the NOA2 hard copy today. He sent me a copy of the mail. I asked him if they need something from him and he said it will come to the next mail.. He makes me frustrated, kind of annoying asnwer. Would that be true that they send you another mail and ask what they need from you?

[Darnell 8,478]

nothing is true, until you've read:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

So, read that nowish, then train up yer husband on what to do.

[january7th 7]

nothing is true, until you've read:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

So, read that nowish, then train up yer husband on what to do.

I read the link you shared Darnell and sent it to him.. He printed it. He asked me if I am mad and I said "no" but now I am getting mad.

[Darnell 8,478]

Well, to chase after a K-3, he would have had to submit an I-129F into USCIS when he got the NOA-1 on the I-130. He didn't do that.

IMO, that's a good thing, really, as in the end, [or rather at the beginning], NVC will administratively close the I-129F when it travels from USCIS into NVC, as there's some policy about it.. see 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/

Then, if you actually had a K-3 visa - you'd be hampered in the USA, after USA arrival - see

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

So, in the end, really, not having an I-129F in play, to seek out a K-3 visa - is a good thing for you. IMO, yer husband needs to learn much about NVC processing and things to do at NVC - it's a steep learning curve - but he's got some time for learning - nothing can get started at NVC until the casefile shows up at NVC. These days, thats 4 to 7 weeks to show up at NVC.

Good Luck ! [and stuff]

Edited January 24, 2012 by Darnell

[Darnell 8,478]

Hey - how's the training coming along?