Jump to content
Sign in to follow this  
Serilei

Changing CR1 to k3

29 posts in this topic

Recommended Posts

Well the question being can I (through NVC or whoever) get them to change the CR1 to a k3 visa?!

The thing is, it all has been approved. The package was sent out in May and approved on May 17th 2012. And of course further steps have been taken and all that is left is to pay the fees and prepare for the interview, but one small thing stands in our way.

A co sponsor, because I am still living in Russia with her. And finding one has not been a simple task, so we thought about a K3 instead and adjust status later.

But again I want to know if I call the NVC or Uscis can they change it from a cr1 to k3 since we are running out of time and can't find a co sponsor, or do we need to start this process all over again?!

Also if we go to the K3 do I have to be home working (as a requirement) or can we still be in Russia and she get her visa and go to the US?!

Thanks for the help.


USICS Stage

May 2nd 2012 - I-130 Sent By Mail

May 7th 2012 - Arrived At Lockbox

May 10th 2012 - NOA 1 Email (rerouted to California)

May 17th 2012 - Accepted - NOA 2 Mail sent (To Russia - Not Arrived yet)

NVC Stage

June 20th 2012 - NVC Received + Case Number

Share this post


Link to post
Share on other sites

According to your timeline you have not filed the I129F, the required petition for the K-3.

So since that has not been filed, you are not even on a K-3 path

However, what makes you think there isn't a financial requirement for the K-3 visa?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

K-3 is obsolete anyway. No K-3.


HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

Share this post


Link to post
Share on other sites

Am I missing something? Don't you have to pay the fees BEFORE they process your visa application? When you say approved do you mean the case is closed or you got your NOA2?

Also, if your CR1 has actually already been approved, which is the case according to what you wrote, then the K3 becomes pointless does it not?


USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Share this post


Link to post
Share on other sites
..
I meant I have to pay the aos and IV bill. I understand the k3 may be pointless but I am having a hard time finding a co sponsor. So we may need to take another path is what I am getting at :)
...
I know there may be financial requirement I am just wider what it is. If you may know offhand. It is a pain searching on a phone. Edited by Serilei

USICS Stage

May 2nd 2012 - I-130 Sent By Mail

May 7th 2012 - Arrived At Lockbox

May 10th 2012 - NOA 1 Email (rerouted to California)

May 17th 2012 - Accepted - NOA 2 Mail sent (To Russia - Not Arrived yet)

NVC Stage

June 20th 2012 - NVC Received + Case Number

Share this post


Link to post
Share on other sites

K3 is no longer used so that won't work. Besides you already have your Noa2, I say go for the interview where you will get a ref for not having enough income and in the meanwhile do all you can to find a sponsor or move home ahead of your spouse and get a job.


Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

Share this post


Link to post
Share on other sites

Suggest you make your way back to the US - for domicile issues and sponsorship since you can't seem to find a co-sponsor in 6 months since the case has been with NVC.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

I agree with milimelo.

A person applies for the K3 at the USCIS stage. It's highly improbable that they would change it now. Either way you need to complete the exact same form i-864 anyhow. You need to find a co-sponsor (and as your attempts have been unsuccessful) you probably just need to go back to the USA and work. Honestly we all wish we could stay with our spouses from beginning to end, but in your case, this probably will not be possible. With the lack of a co-sponsor, you need to find a job that makes the minimum requirements. I'm sorry but that's just the way it is. The sooner you do it, the better off you'll be because the sooner she can come over!

Edited by NikiR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I agree with milimelo.

A person applies for the K3 at the USCIS stage.

Sorry, but incorrect.

A person sends the I129F petition at the USCIS stage. The interview for the K-3 would be at the consulate.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

The K3, even if you could get it (you cannot), doesn't help your case as the same financial requirements apply.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

the only way a k3 would be issued is if you have a pending I-130, since you no longer have that and your I-130 has already been approved k3 is not an option for you, plus even if it was it wouldn't have gotten you that far since they hardly ever issue it anymore, I applied for both CR-1 an K3 and I'm on a CR-1 route since my I-130 got approved before I-129F. So you're only option is to find a co-sponsor and forget about the k3.

Edited by EmilyS

event.png

Share this post


Link to post
Share on other sites

Sorry, but incorrect.

A person sends the I129F petition at the USCIS stage. The interview for the K-3 would be at the consulate.

good luck

Okay.... good point.. wrong terminology in there from me... BUT you would have to send in the I-129F at the USCIS stage for it to even reach a K3 visa at the consulate right?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Okay.... good point.. wrong terminology in there from me... BUT you would have to send in the I-129F at the USCIS stage for it to even reach a K3 visa at the consulate right?

Absolutly!

the K3 is not an option for him because the petition was not sent


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

I agree with milimelo.

A person applies for the K3 at the USCIS stage. It's highly improbable that they would change it now. Either way you need to complete the exact same form i-864 anyhow. You need to find a co-sponsor (and as your attempts have been unsuccessful) you probably just need to go back to the USA and work. Honestly we all wish we could stay with our spouses from beginning to end, but in your case, this probably will not be possible. With the lack of a co-sponsor, you need to find a job that makes the minimum requirements. I'm sorry but that's just the way it is. The sooner you do it, the better off you'll be because the sooner she can come over!

No, nobody ever applies for any visa at the USCIS stage and the I-864 is/was never used in obtaining a K3 visa.

However, the petition you file that could potentially have resulted in an opportunity to apply for a K3 visa at a Consulate abroad up until three years ago, would have to be filed before the I-130 petition was approved and approved no later than the same day the I-130 got approved. Never at any time in the K3 visa's history, could anybody embark on the K3 path AFTER the I-130 was approved.

In any event, the K3 visa was never a solution to a sponsor qualification problem.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

K-3 is obsolete anyway. No K-3.


Met online : 2009
Married : 07/28/2010


USCIS
Send I-130 : 06/08/2011
Touched : 06/13/2011
got a NOA1 by e-mail and SMS : 06/15/2011
got "I-797C" hard copy of NOA1 : 06/20/2011
got RFE "I-797E" : 10/15/2011
RFE Reply : 12/15/2011
Touched : 12/16/2011
I-130 Approved : 12/20/2011
got "I-797" hard copy of NOA2 : 12/24/2011
Your I-130 was approved in 183 days from your NOA1 date.


NVC
NVC Case Number : 01/13/2012
Pay "$88" AOS Bill and e-mailed DS-3032 : 02/08/2012
Email from NVC, DS-3032 Accepted : 02/09/2012
AOS Fee Shows PAID : 02/09/2012
IV fee invoiced "$404" : 02/10/2012
IV fee invoiced "$230" : 04/18/2012
Pay "$230" IV Bill : 04/30/2012
IV Fee Shows PAID : 05/02/2012
Send AOS and IV packet : 06/09/2012
AOS and IV packet Received : 06/22/2012
Case completed at NVC : 06/29/2012

Interview Date : 08/28/2012 "Denied"

Case Reaffirmed : 07/16/2013

Second interview - Approved : 10/24/2013

Visa Issued : 10/29/2013

Visa in hand : 10/31/2013

For more details please visit my timeline

485.gif

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.
×