Newbie question: K3 or IR-1 / CR-1?

[kawag001 0]

In July 2011 I married a Korean in Seoul and in August 2011, I filed a I-130 Visa to help her immigrate to the U.S. In September 2011, I filed a I-129F in conjunction with the I-130 to expedite the process. Today I received NOA2s on both my I-130 and I-129F forms as they were approved simultaneously. The question I have: is my Visa a IR1 / CR1 visa or is it still considered a K3 visa? I read that when both the I-130 and I-129F are approved simultaneously that the K3 Visa automatically becomes a IR1 / CR1 Visa.

Why I ask is the IR1 / CR1 visa requires an I-864 while the K3 requires a I-134. So I wanted to know which completed form to mail to my wife in Korea. The I-864 form or the I-134?

[aaron2020 11,651]

In July 2011 I married a Korean in Seoul and in August 2011, I filed a I-130 Visa to help her immigrate to the U.S. In September 2011, I filed a I-129F in conjunction with the I-130 to expedite the process. Today I received NOA2s on both my I-130 and I-129F forms as they were approved simultaneously. The question I have: is my Visa a IR1 / CR1 visa or is it still considered a K3 visa? I read that when both the I-130 and I-129F are approved simultaneously that the K3 Visa automatically becomes a IR1 / CR1 Visa.

Why I ask is the IR1 / CR1 visa requires an I-864 while the K3 requires a I-134. So I wanted to know which completed form to mail to my wife in Korea. The I-864 form or the I-134?

You've started two different processes; the CR-1/IR-1 process with the I-130 and the K-3 process with the I-129f. There is no significant differences in time to get either visas. Since your wife only needs one of those two visas to immigrate to the US, you are better off abandoning the K-3 process and proceed with the CR-1/IR-1 route.

If you proceed with the K-3 process, your wife will get a non-immigrant visa. Once she enters the US, she would need to apply to adjust her status. For 2-3 months, she will not be able to work. If she leaves the US before getting Advance Parole, she will abandon the process; this isn't good because she would need another visa to come back to the US.

If you proceed with the CR-1/IR-1 process, your wife will automatically get a green card upon entry and she can start work immediately. She can also immediately leave the US and reenter.

[kawag001 0]

If I understand correctly... with the IR-1 / CR-1, I send the completed I-864 along with all the supporting documents to my wife in Korea right? This is what she's taking to the Interview?

You've started two different processes; the CR-1/IR-1 process with the I-130 and the K-3 process with the I-129f. There is no significant differences in time to get either visas. Since your wife only needs one of those two visas to immigrate to the US, you are better off abandoning the K-3 process and proceed with the CR-1/IR-1 route.

If you proceed with the K-3 process, your wife will get a non-immigrant visa. Once she enters the US, she would need to apply to adjust her status. For 2-3 months, she will not be able to work. If she leaves the US before getting Advance Parole, she will abandon the process; this isn't good because she would need another visa to come back to the US.

If you proceed with the CR-1/IR-1 process, your wife will automatically get a green card upon entry and she can start work immediately. She can also immediately leave the US and reenter.

Thank you...

[aaron2020 11,651]

If I understand correctly... with the IR-1 / CR-1, I send the completed I-864 along with all the supporting documents to my wife in Korea right? This is what she's taking to the Interview?

Thank you...

No. Once USCIS approves the I-130, the case is forwarded to the NVC. The NVC will contact you to pay the Immigration Visa Application fee (DS-230 fee) and the Affidavit of Support fee (I-864 fee). You will pay the fees on line. It takes about 3 days to process your payments. Once the payments clears, you will return to the website to download bar-coded cover pages and the forms. Your wife files the DS-230 with the NVC. You file the I-864 with the NVC.

You can send your wife a copy of the I-864. The original will be sent to the NVC.

[jaycali 415]

In July 2011 I married a Korean in Seoul and in August 2011, I filed a I-130 Visa to help her immigrate to the U.S. In September 2011, I filed a I-129F in conjunction with the I-130 to expedite the process. Today I received NOA2s on both my I-130 and I-129F forms as they were approved simultaneously. The question I have: is my Visa a IR1 / CR1 visa or is it still considered a K3 visa? I read that when both the I-130 and I-129F are approved simultaneously that the K3 Visa automatically becomes a IR1 / CR1 Visa.

Why I ask is the IR1 / CR1 visa requires an I-864 while the K3 requires a I-134. So I wanted to know which completed form to mail to my wife in Korea. The I-864 form or the I-134?

Anyong, and congrats on receiving your NOA2!

My wife is also Korean, but she has dual citizenship so she's the USC here.

To answer you question. Yes. The K-3 visa is pretty much obsolete. It was designed for the times when CR-1 visas literally took years to process.

Most K-3 visas nowadays are dead on arrival, because the USCIS will approve the I-130 and I-129 simultaneously as you said. The entire case is then processed by the NVC as a CR-1.

Edited February 3, 2012 by jhsm85

[Ryan H 3,813]

If the NVC receives both petitions at the same time, the I-129F that was filed to start the K3 process will be administratively closed leaving only the I-130 that was filed to start the CR-1 process active.

[mounir412 101]

http://www.visajourney.com/content/guides

good luck

[Darnell 8,478]

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/

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Some Immigrant Visa Links:

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

online payment portal -

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

IRS Tax Transcripts http://www.irs.gov/individuals/article/0,,id=110571,00.html

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Confused? Come Join the FEB 2012 NVC Thread over at http://www.visajourney.com/forums/topic/349966-nvc-filers-february-2012/

[Darnell 8,478]

In July 2011 I married a Korean in Seoul and in August 2011, I filed a I-130 Visa to help her immigrate to the U.S. In September 2011, I filed a I-129F in conjunction with the I-130 to expedite the process. Today I received NOA2s on both my I-130 and I-129F forms as they were approved simultaneously. The question I have: is my Visa a IR1 / CR1 visa or is it still considered a K3 visa?

Alas, you won't know for certain which of the two paths yer on till some NVC action.

Since you just got USCIS approval on both - I suggest you wait up to 30 days , but around the 3rd week, start calling NVC, get a human and inquire on both casefile #s with a human.

Later, let us know which path you've decided to take, or which path was decided for you.

'The Path' will help you to know which affadavit of support form to utilise (I-864 vs I-134)

If'n I was in yer boots, I'd stick with the CR-1 visa - it's superior to the K-3 visa in all aspects.

[Darnell 8,478]

Followup :

OP went the CR-1/IR-1 path - see http://www.visajourney.com/timeline/profile.php?id=120753

That was really superfast turnover at NVC, fwiw.

kawag - congratulations !