We are lost! CR-1 or K-3? HELP!

[Velvety 4]

In the past year I have read inumerous posts regarding the CR-1 vs. K-3 and everyone seems to favor the CR-1. What I don't understand is, if the CR-1 seems more successful then why are people filing for the K-3? Am I missing something here? This has me confused. My husband (brazilian) and I (the US citizen) are ready to start our journey back to the USA. We are both living in Brazil. I will be traveling back home to the US for a month by myself and will be filing once I am there. If we start the CR-1 I will need to take the I-130 filled out along with everything else that is required. My question is, Do I need to mail to the Chicago p.o. box since I DO live outside the US? Is there anything else I should take note of? Has anyone out there filing the same thing and received professional legal advice? My mother insists we let an immigration lawyer take care of everything but is it even worth the investment? Another issue: When we got married, he took my last name. But all his paperwork (passport, birth certificate etc) obviously still has his original name. Is this going to be a problem?

Edited February 14, 2013 by Velvety

[jlcandrlf 2]

The CR-1 is filed first and once you receive your first Notice of Action (basically your notification that it was received) then you send the k3 paper for free. The k3 is meant to be faster but it has not been in recent years so it is essentially useless. If your CR1 and k3 get to NVC and/or the Embassy at same time then the k3 will be cancelled. The CR1 gives you automatic status in the states, but the k3 make you adjust status....more money. I have not seen any k3 approvals in a while, but I also have not really been looking.

Use your brazilian address since you live together in Brazil. It appears that those of us abroad are processed faster. My 130 was processed in 2 months at USCIS, but NVC and the consulate will be normal processing times. Many others are wait 5-7 month for USCIS processing.

Unless your husband has something difficult to overcome, such as an overstay, drug, or arrest problem then you should be good with this site and not need a lawyer. They often seem to slow the process. There is a bit of a learning curve, but if you have time and are organized you can do it with no problem.

Boa sorte!!!

[Velvety 4]

The CR-1 is filed first and once you receive your first Notice of Action (basically your notification that it was received) then you send the k3 paper for free. The k3 is meant to be faster but it has not been in recent years so it is essentially useless. If your CR1 and k3 get to NVC and/or the Embassy at same time then the k3 will be cancelled. The CR1 gives you automatic status in the states, but the k3 make you adjust status....more money. I have not seen any k3 approvals in a while, but I also have not really been looking.

Use your brazilian address since you live together in Brazil. It appears that those of us abroad are processed faster. My 130 was processed in 2 months at USCIS, but NVC and the consulate will be normal processing times. Many others are wait 5-7 month for USCIS processing.

Unless your husband has something difficult to overcome, such as an overstay, drug, or arrest problem then you should be good with this site and not need a lawyer. They often seem to slow the process. There is a bit of a learning curve, but if you have time and are organized you can do it with no problem.

Boa sorte!!!

Thank you! This helps a lot. Sounds like the CR-1 is less frustrating.

[hikergirl 277]

Thank you! This helps a lot. Sounds like the CR-1 is less frustrating.

And a lot cheaper too!

[pushbrk 12,275]

I would be thinking in terms of the CR1 being the spouse visa that's actually available.