I-130 for CR1 in June, Convert to K-3 process?

[kylem 0]

Hi everyone, I'm sorry if this topic has already been discussed, but I've been looking for a while and haven't found anything.

I am the petitioner for my wife, and we have a NOA1 date of 6/20/2013 for our I-130. Our petition is at the NBC and has not been transfered to a regional center. Since processing times keep going up for the I-130, I was thinking about submitting a I-129F to get the K-3 process started, as it seems like that would now be a faster option. The extra money would be well worth it if it meant that I could have my wife here sooner. Has anyone else considered this option? Any advice would be very much appreciated!!

[TBoneTX 45,498]

Welcome to VisaJourney! The question has indeed been asked several times, but the threads are not all in one place and are somewhat "hidden." I'm going to move your thread from the CR-1 Process forum into the "What Visa Do I Need" forum, where this message resides, a bit down the list:

http://www.visajourney.com/forums/topic/464302-is-applying-for-both-cr-1-visa-and-k3-visa-possible/

It should answer much or all of your question, and you could also get some extra input. Hang in there!

[Hypnos 6,576]

There is no fee for filing for a K-3.

[kylem 0]

Thanks, I will look at those.

And I understand there is no fee for filing a I129F, what I meant was that the K-3 process is significantly more expensive than the CR-1 process overall.

[Hypnos 6,576]

Factoring in the AoS, that is absolutely true. It is considered an inferior visa to a CR-1 / IR-1 for that reason, but unfortunately the processing times for IR immigrant visas is lengthening.

Edited November 16, 2013 by Hypnos

[Lakehouse 293]

There are indeed many folks on this forum, including my case, which have applied for the K3. It is not likely to provide the benefit of early transition in the US as hoped, but I'm still glad we applied for it, just in case! The thought of getting to my husband earlier appeals to me greatly, regardless of the extra costs involved later on.

You can always read through threads in the K3 sections such as this, out of interest:

http://www.visajourney.com/forums/topic/452641-k3really/

[NikLR 13,227]

Factoring in the AoS, that is absolutely true. It is considered an inferior visa to a CR-1 / IR-1 for that reason, but unfortunately the processing times for IR immigrant visas is lengthening.

It's inferior because of the AOS, but not just because of cost. The immigrant would be unable to work for 3 months after the AOS is filed. They can travel because it's a multiple use visa but once the AOS is filed they also have to wait the 3 months to travel again.

People with children try to do the K3/4 visa route so that they do not have to file the I-130 for the children, which negates money up front. But because the I-130 and I-129f are normally put together, and then the I-129F and K3 route closes at the NVC, the K4 also closes and everyone realizes there is no approved I-130 for step children (or children who are ineligible for CRBA.) Suddenly it's a rush to get an approved I-130 so the parent and child(ren) can interview and travel together.

All of those things can be avoided by simply going the CR1/IR1 route from the beginning.

If people ARE going to choose the K3 route, it's important to mention that if they have children who will be also immigrating, they should also file the I-130 for the children to avoid the problems that may come from not having that.

In general it's better to have a green card upon arrival to the USA than having to wait another year or more to get it after arrival.