K-3 vs IR-1

[mejms 0]

I've posted here before about IR-1 and got some helpful info. Now I'm back!

I live in Mexico with my wife and two children. One of my children is my biological child and we have already completed her Consular Report of Birth Abroad. My son is my wife's biological son and I have now legally adopted him, so my name now appears on his birth certificate. Now we want to go to the US.

I've understood that I'd need an IR-1 for both my wife and adopted son, which takes about a year to receive. I've been reading up on the K-3 visa, as I really want to expedite the process for getting us to the US. It seems to me that this visa is used when the American citizen is in the US and wants to bring his/her spouse to the US asap. I've also read that the process can take just a month or two, much faster than the IR-1. Then, once in the US, we can file for immigrant status. As for the financial sponsor for the application, my mother has offered to do that. So are my wife and son eligible for the K-3? Will it significantly speed up the process for entering the US? Does my adopted son go through exactly the same process as my wife, considering that they're both non-blood relatives?

Thanks so much in advance!

[Inky 1,110]

Stop reading about the K-3 its no use to you. It takes longer, it is not faster like it used to be - its virtually phased out by the NVC and it slows down your petition because they are stopping all processing matching up the I-129F and the I-130 and then processing them together so they can close/end the K-3 on approval.

The K-3 is more expensive, slows the process down and ends up getting canceled anyways at NVC and does not offer green card on entry anyways - thats a whole other process which is very expensive and takes a lot of time.

Not sure where you read that a K-3 takes " a month or two " its actually 9.5 months for approval or longer with a total of 14 months for process to finish.

Stay with the IR-1.

[Darnell 8,478]

a month or two? what? ah? If you read this, I say the source is outdated for current process. If someone told you, ask them again when they've not had any beer for 24 hours.

In the meantime - here's some stuff to read:

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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Going forward, please understand the timeticks at USCIS, NVC and the Embassy IV unit.

Good Luck !

[Darnell 8,478]

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things are a little bit different now, since the viability of the K-3 was in play -

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since you live in Mexico - I suggest :

1. if it's still available, file the I-130 via DCF process or if it's (DCF'd I-130) not available -

2. File the I-130s to Chicago - make sure the I-130 and G-325A (on you) clearly state your current address as being in Mexico. Once it makes it into the casefile sorting office at the lockbox, it'll get into a special 'Petitioner living overseas' queue , which takes under 30 days for I-130 adjudication, with further intake at NVC.

[Ryan H 3,795]

I've understood that I'd need an IR-1 for both my wife and adopted son.

Partially correct, IR-1 is for your wife; your son will require an IR-2 visa. You will need to file two separate petitions.