Changing CR1 to k3

[Serilei 0]

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.

[canadian_wife 1,791]

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

[Kazulie 132]

K-3 is obsolete anyway.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

[Ms Hogan 295]

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?

[Serilei 0]

..

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 January 4, 2013 by Serilei

[Alaska2012 462]

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.

[milimelo 4,191]

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.

[NikLR 13,220]

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 January 4, 2013 by NikiR

[canadian_wife 1,791]

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

[Penguin_ie 5,984]

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

[EmilyS 11]

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 January 4, 2013 by EmilyS

[NikLR 13,220]

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?

[canadian_wife 1,791]

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

[pushbrk 12,105]

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 January 5, 2013 by pushbrk

[mounir412 101]

K-3 is obsolete anyway.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