K3 vs. CR1

[The Mean Lady 604]

I don't think it matters if it was last week lmao.

The point is, hers was closed just as the majority of them are.

jpatchett's however has gone through to interview, but can't really speculate on why w/o any timeline.

[Flames9_RN 358]

Point is that a K3 has been fairly recent....has not been that many

[NikLR 13,220]

K3 have been making it through due to the slow local offices. It would be nice if everyone took advantage of the timeline and filled it out however. That certainly makes it easier for others but likely that's not their goal.

[Autumnal 25]

More timelines filled out amongst us Canadians would certainly help track these things.

[Danapowers 1]

This is the message I got from the vancouver US embassy

You may be eligible to apply for a K3 visa if there is a delay processing your I-130 petition.

When both petitions (I-130 and I-129F) have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

· The nonimmigrant K-3 visa case will be administratively closed.

· The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

· The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouses country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicants interview by a Consular Officer.

Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

U.S. Consulate General

Vancouver, Canada

OP2

[Danapowers 1]

Would I fill out a I-129F (along with the i-130) for the K3 visa also even though its my husband who is the petitioner not my fiancée. I wanted to make sure this is correct.

[The Mean Lady 604]

Would I fill out a I-129F (along with the i-130) for the K3 visa also even though its my husband who is the petitioner not my fiancée. I wanted to make sure this is correct.

Yes.

[Danapowers 1]

Thank you for all the help so far. I will probably try and go the k3 route since if its not approved I will just get a cr1 anyways.

I was trying to find the step/routes to take AFTER a K3 visa is approved. I know a k3 visa is a multi entry visa, but I'm a little confused with the process of adjustment of status. I know I can pay and file a adjustment of status from within the USA, but am I not aloud to travel across the border until that is approved or am I free to cross back and forth throughout the whole process. I know there is a way of going back to my home country also but would that mean starting the cr1 visa from the beginning or is it crossing back for the day and coming back and automatically getting it and giving up my k3 visa all together?

[The Mean Lady 604]

You can cross the border into the US all you want with the right ties to canada.

It's always up to the CBP officer if s/he lets you through.

The only non-travel period is during adjustment of status.

There's some info about advance parole in there that lets you out eventually but really i'm clueless about AoS processes.

Honestly, the chances of getting a K3 is REALLY slim.

I wouldn't fret too much about it.

Just know that it will cost you a LOT more money so you better have the cash if you attempt that route.

[The Mean Lady 604]

And you can travel once you have your green card but your primary residence must be in the US.

You cannot leave for more than 6mos at a time w/o a reentry permit.

[NikLR 13,220]

K3 is a single use visa just like the k1. You cannot travel after it's approved until you have AP during the AOS process, just like the K1.

If you're talking about travelling before the interview for the K3 (or CR1) then yes, you can travel back and forth as much as you're allowed.

There are two different timeframes for travel ability you're looking at:

From filing to interview (BOTH) - as much as you are able

POE to green card arrival (CR1) - immediately allowed to travel and work

OR

POE to AOS to green card (K3) - must wait for EAD to work and AP to travel outside of the USA

Edited June 26, 2013 by NikiR

[NikLR 13,220]

Just a note - I personally would rather wait the extra month or two for the CR1 and NOT spend the $1070 for the AOS.

[The Mean Lady 604]

Just a note - I personally would rather wait the extra month or two for the CR1 and NOT spend the $1070 for the AOS.

[The Mean Lady 604]

And you can travel once you have your green card but your primary residence must be in the US.

You cannot leave for more than 6mos at a time w/o a reentry permit.

I been searching all around for this post because it occurred to me that i mis-typed.

You cannot leave for more than 1 YEAR at a time w/o a re-entry permit.

[Danapowers 1]

For me the cr1 is actually more expensive when I factor in time off work, the plane ticket, hotel, and food.

I am aware that I cannot leave for more than 6 months or a year at a time and need to be in the USA at least 6 + months a year.

I think you may be misinformed NikiR. I believe you can travel on the k3, but you cannot travel once you start the adjustment of status. Being able to be with my husband a month or two earlier possible if it did go through is a huge difference. I have already been apart from my husband for 5 months and another year would be very hard to do.