Jump to content
Sign in to follow this  
Michael and Milahjean

Delay CR-1 for K3? - Are AOS and IV fees forfeited if we proceed with both?

3 posts in this topic

Recommended Posts

I'm hoping members of this forum can assist with a decision I may be faced with shortly.

Check with our timeline in my signature below.

Our I-129F submittal was delayed about 3 weeks while I waited for signed G325a from my spouse to arrive.

Our I-130 was approved in early Sept and we are now well on the way to having the AOS fee bill sent to me, with the IV bill to follow after the choice of agent email is accepted by NVC.

If I proceed with payment of the AOS and IV fees, and we move forward with this, when the I-129F is approved I'm wondering if the I-129F may catch up or pass the I-130. I'm thinking that our I-129F approval is imminent, possibly later this month.

If NVC forwards the I-129F to Manila and my spouse proceeds with submitting the K visa application and fee and she is then scheduled for an interview, if we have also proceeded with the I-130 processing at NVC, is it possible that the I-130 will override the I-129F? If she had been scheduled for the K3 interview already, will it be canceled and then rescheduled for the CR-1 interview, possibly a later date? Could it maybe be the same date???

Then, if we choose to proceed with the K3 visa, what happens to the funds paid for the AOS and IV bill? We can't hold the CR-1 processing since we've paid the fees, right?

Here's my quandry. She will graduate from college late March 2007. It is important to me to attend this major event. There is a slim chance that the CR-1 visa may be issued about that time, if there are no delays, and this is most certainly the best route to take. But, if the K3 process begins within the next 30 days or so and she is scheduled for the K3 interview within another 90-120 days, I'm sure that will happen in plenty of time for me to attend the graduation and also bring her back to the US then.

If we proceed with the CR-1 visa, we risk the K3 being overridden, right? And if we pay the fees for the AOS and IV bill, then we've committed to that route? Will that be forfeited if we use the K3 process? If by chance we can do the K3 and make it work, then we need to begin the adjustment after she arrives and pay more fees for that. The money is not an issue, but I'm just curious. I'm just not sure whether the CR-1 timing is going to fit the plan. I'm assuming that we need to choose which route to take before I submit the AOS fee and the IV fee for the CR-1.

My gut is telling me to follow the CR-1 using what shortcuts I can due to it's automatic green card and forget the K3, even if it means that I'll be unable to attend her graduation. That's going to hurt though. I don't have the vacation time and funds to do graduation and come back again a short time later to escort her here.

Any thoughts or advice? Thanks for everyone for being so unbelievably helpful here. God Bless.


Michael and Milah Jean

04/24/2006 | Married in Leyte
06/16/2006 | Mail I-130 petition to NSC
03/15/2007 | INTERVIEW - 6:30 am - APPROVED!!!!
04/05/2007 | ARRIVED IN AMERICA!!! (Detroit)
04/14/2007 | Received SSN card in mail
04/23/2007 | Received 2 yr green card
04/24/2007 | CELEBRATE FIRST ANNIVERSARY!!!
11/16/2007 | We're pregnant!!!
07/01/2008 | Ester Faith born at 11:49 pm
02/12/2009 | Mail I-751 petition to remove conditions
04/16/2009 | Approved - Letter recd 4/21/2009
06/29/2009 | Received 10 yr green card
07/11/2009 | Received Ohio driver's license - passed road test 1st try!!
01/29/2011 | We're preggie...again!!!
09/21/2011 | Eugene Filip born - 7:55 am

02/29/2016 | Mail N-400 application

05/19/2016 | Naturalization interview

06/16/2016 | Oath ceremony

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Okay - lots of questions... the first thing I can think to say simply is that if the K3 and the I-130 arrive at the consulate at the same time, the consulate will pursue the I-130 and not the K3.

Second, if you choose to pursue the K3 you do not necessarily forfeit any fees. Your spouse could get the K3, come to the U.S. and then return to the Phillipines for her I-130 interview.

Or you could drop the I-130 and just pursue the K3, and then adjust status when she arrives in the U.S.

I hope this answers your questions, your post had a lot of info it.

I'm hoping members of this forum can assist with a decision I may be faced with shortly.

Check with our timeline in my signature below.

Our I-129F submittal was delayed about 3 weeks while I waited for signed G325a from my spouse to arrive.

Our I-130 was approved in early Sept and we are now well on the way to having the AOS fee bill sent to me, with the IV bill to follow after the choice of agent email is accepted by NVC.

If I proceed with payment of the AOS and IV fees, and we move forward with this, when the I-129F is approved I'm wondering if the I-129F may catch up or pass the I-130. I'm thinking that our I-129F approval is imminent, possibly later this month.

If NVC forwards the I-129F to Manila and my spouse proceeds with submitting the K visa application and fee and she is then scheduled for an interview, if we have also proceeded with the I-130 processing at NVC, is it possible that the I-130 will override the I-129F? If she had been scheduled for the K3 interview already, will it be canceled and then rescheduled for the CR-1 interview, possibly a later date? Could it maybe be the same date???

Then, if we choose to proceed with the K3 visa, what happens to the funds paid for the AOS and IV bill? We can't hold the CR-1 processing since we've paid the fees, right?

Here's my quandry. She will graduate from college late March 2007. It is important to me to attend this major event. There is a slim chance that the CR-1 visa may be issued about that time, if there are no delays, and this is most certainly the best route to take. But, if the K3 process begins within the next 30 days or so and she is scheduled for the K3 interview within another 90-120 days, I'm sure that will happen in plenty of time for me to attend the graduation and also bring her back to the US then.

If we proceed with the CR-1 visa, we risk the K3 being overridden, right? And if we pay the fees for the AOS and IV bill, then we've committed to that route? Will that be forfeited if we use the K3 process? If by chance we can do the K3 and make it work, then we need to begin the adjustment after she arrives and pay more fees for that. The money is not an issue, but I'm just curious. I'm just not sure whether the CR-1 timing is going to fit the plan. I'm assuming that we need to choose which route to take before I submit the AOS fee and the IV fee for the CR-1.

My gut is telling me to follow the CR-1 using what shortcuts I can due to it's automatic green card and forget the K3, even if it means that I'll be unable to attend her graduation. That's going to hurt though. I don't have the vacation time and funds to do graduation and come back again a short time later to escort her here.

Any thoughts or advice? Thanks for everyone for being so unbelievably helpful here. God Bless.


Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

Share this post


Link to post
Share on other sites
Filed: Timeline

Here it goes....there is no garantee your k3 will be approved soon......Now I suggest you continue your CR1 if they both arrive into the embassy they will take CR1 which will give her the GC right away if you've been married more than 2 yrs it will expire in 10 yrs if less than 2years then you have to adjust status in 2 yrs.......

I would continue the CR1 you are not sure how long in will take fot the k3

good luck


I 130 mailed 7/3/06 rec'v 7/5/06

I-130 NOA1 7/10/06

129f mailed 7/18/06 rec'v 7/19/06

129f NOA1 7/24/06

I130 NOA2 9/25/06 rec'v paper NOA2 9/30/06

129f NOA2 9/26/06 rec'v paper NOA2 10/01/06

NVC rec'v I130 and case # assig'd 10/01/06

NVC rec'v 129f and case # assig'd 10/04/06

K3 Fowarded to Emabassy 10/05/06

K3 rec'v by Embassy 10/12/06

Medical 10/17/2006

Flight to SDO 10/25/2006

Interview date 10/26/06 APPROVED!!

Returned on 10/28/06

Visa Paasport was Picked up 11/13/06

My hubby entered 11/15/06

POE is JFK

Torture is finally over!!

AOS Process

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...