Really confused about IR1-CR1 with regards to K-3

[NikkisPrecious 0]

Can anyone give me a link or better still explain this whole thing, i'm sooo confused about it, If the IR1-CR1 is automatically filled when filling for the k-3.. where does it come in, completely confused and don't understand it one bit. I read the IR1-CR1 guide on here and it just seems like the first half of the K-3, so at what stage could things change and how do you go about it?

[NikkisPrecious 0]

This is taken fromg the K-3 guides section..

• After receiving the k3

visa, the spouse enters

on the K3 and is allowed

to work and to travel,

and may file adjustment

of status BEFORE the

I-130 petition is

approved.

• Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

UMMMM.. HOW do you get a K-3 before the 1-130 is approved? Thats the first thing you file... #######???

[riblet 0]

I130 petitions used to take a long long time to get approved. In order to reunite couples faster the K3 was created as a temporary visa that would allow them to be together in the U.S. In order to file the I129F, all you have to do is show that you have filed an I130 petition. Just because something gets filed first doesn't mean it gets approved first

The IR/CR1 or Adjustment of Status is everyone's goal - the K3 is just a stopgap measure. The I130 is definitely not the first half of the K3 process, it's just that if you're waiting for approval of I130 you're allowed to file the I129F, but you don't have to, it's completely optional.

[NikkisPrecious 0]

I seeeee!!! ahaaaa! NOw i get it! So basically, if you get your I-130 approval quickly your better off abandoning the K-3 and going with the CR1. If you don't get approval of I-130 quick, you can start the I-129f and hopefully the K-3 comes... right?

So basically K-3 gets you back with your family but you still have to fill out forms etc for AOS

And if the I-130 gets approved before the I-129f you can go for a CR-1.. and not have all the other stuff right?

I think i get it! hahah

So if no I-130 approved, apply for I-129f and keep going for a K-3

If I-130 approved quick, no need for I-129f and you can go for CR1?

Edited January 19, 2007 by NikkisPrecious

[nikka 0]

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/faq/k3k4visa-I130petition.html.

Maybe these Links will help you in someway. It all starts with first applying for I130 , Petition for a spouse/relative. If you are not married then you apply for I129. If you want your wife to enter the US carrying an immigrant visa (dont anymore file the K3 or the I129) , just wait to be called for the IR1/CR1 interview. Then once approved in the IR1/Cr1 interview, she enters the US already with the greencard. The interview for this kind of Visa may take longer than the K3 Visa . So if you are not in a hurry, dont anymore file for K3 .

Now usually the K3 interview/processing is quicker so after filing for the I130, file the K3/K4 (additional fees ), once approved the beneficiaries get a non immigrant K3 visa . They may now enter the US using that visa that expires in two years. A lot of people would go ahead and file this, so they can be unted with their loved one faster and they'll just then apply for Adjustment Of Status ( from K3 Status to Immigrant Status) and Employment Document (additional fees for both ) and wait for the Green card in the US. AOS or Application for Adjustment Of Status is where they would again wait for an interview. If they pass they get a green card. This may take months or years. Or to some almost immediate. Depends really on individual cases.

I am not a lawyer and I maybe wrong but this is what I learned based on my own experience. You should also hear other people thoughts on the matter. okay?

[riblet 0]

Sounds like you understand now - the only thing I might mention for the benefit of you or others is that since the IR/CR1 is the superior visa, and it is usually being processed relatively quickly, some people choose not to file the I129F at all. But I'd say most people still file it considering it worth the chance. Good luck with everything

I seeeee!!! ahaaaa! NOw i get it! So basically, if you get your I-130 approval quickly your better off abandoning the K-3 and going with the CR1. If you don't get approval of I-130 quick, you can start the I-129f and hopefully the K-3 comes... right?

So basically K-3 gets you back with your family but you still have to fill out forms etc for AOS

And if the I-130 gets approved before the I-129f you can go for a CR-1.. and not have all the other stuff right?

I think i get it! hahah

So if no I-130 approved, apply for I-129f and keep going for a K-3

If I-130 approved quick, no need for I-129f and you can go for CR1?

[Yodrak 7]

NikkisPrecious,

Your confusion may be starting with the fact that you appear to be mis-using terms. IR1, CR1, and K3 are visas, not petitions, and an immigrant visa application (IR1 or CR1) is not automatically applied for when one applies for a K3 visa. But we're putting the cart before the horse by talking about the visas.

An I-130 petition must be submmitted and approved before one can apply for an immigrant visa. And a I-129f petition must be submitted and approved before one can apply for a K3 visa. Further, before one can submit an I-129f petition (for a spouse) one must have previously submitted an I-130 petition.

So, it's quite wrong to say that an immigrant visa process is automatically begun when one begins a K3 non-immigrant visa process. For one thing the immigrant visa process must begin first, and for another there's nothing automatic about it - both processes must be done deliberately.

Yodrak

Can anyone give me a link or better still explain this whole thing, i'm sooo confused about it, If the IR1-CR1 is automatically filled when filling for the k-3.. where does it come in, completely confused and don't understand it one bit. I read the IR1-CR1 guide on here and it just seems like the first half of the K-3, so at what stage could things change and how do you go about it?

[NikkisPrecious 0]

I think i got it, thanks guys.

[tiberonsuave 0]

Can anyone give me a link or better still explain this whole thing, i'm sooo confused about it, If the IR1-CR1 is automatically filled when filling for the k-3.. where does it come in, completely confused and don't understand it one bit. I read the IR1-CR1 guide on here and it just seems like the first half of the K-3, so at what stage could things change and how do you go about it?

It really depends on the fact specific details of your case. In mine in was neck and neck between K-1 vs K-3 timelines. The I-130s were very lenghty. But I suspect that soon the K-3 will be obsolete if I-130 timelines continue to improve.

t

[knowledge 0]

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/faq/k3k4visa-I130petition.html.

Maybe these Links will help you in someway. It all starts with first applying for I130 , Petition for a spouse/relative. If you are not married then you apply for I129. If you want your wife to enter the US carrying an immigrant visa (dont anymore file the K3 or the I129) , just wait to be called for the IR1/CR1 interview. Then once approved in the IR1/Cr1 interview, she enters the US already with the greencard. The interview for this kind of Visa may take longer than the K3 Visa . So if you are not in a hurry, dont anymore file for K3 .

Now usually the K3 interview/processing is quicker so after filing for the I130, file the K3/K4 (additional fees ), once approved the beneficiaries get a non immigrant K3 visa . They may now enter the US using that visa that expires in two years. A lot of people would go ahead and file this, so they can be unted with their loved one faster and they'll just then apply for Adjustment Of Status ( from K3 Status to Immigrant Status) and Employment Document (additional fees for both ) and wait for the Green card in the US. AOS or Application for Adjustment Of Status is where they would again wait for an interview. If they pass they get a green card. This may take months or years. Or to some almost immediate. Depends really on individual cases.

I am not a lawyer and I maybe wrong but this is what I learned based on my own experience. You should also hear other people thoughts on the matter. okay?

In bold is one amongh other little confusions, so careful...

If choosed the 2 routes (cr-1 and K-3), here is the chronology of the 1st steps:

1. file I-130 (valued for both), when it's NOA2 arrives, apply for I-129 (K-3), it's NOA2 can arrive before or after the Cr-1's, following which the petitionner can make the decision as of which decide to follow, and/or both, as many have decided to do. This is what is written ideally, not all this seems to change...

A nuance has to be made now, from the last weeks where some said their I-130 has been held, as of a decision from the USCIS and not waiting for the petitioner's choice, which is a new approach that, i think did not exist before when people had to choose and inform of their choice. I-130 was held at NVC, to let petitioner do their K-3...Is it a pattern? i don't know yet, it's too early maybe...

Our case is one route only, the CR-1...(without K-3-we were maybe lazy to apply for it when received the NOa1 from the Cr-1, but saw that some aprovals for both arrived also in the same time which means, extra money for the 2nd route, without significant results, considering also that some K-3's can take the same amount of time as the Cr-1 ) so we'll see what will happen...

[knowledge 0]

1. file I-130 (valued for both), when it's NOA2 arrives: ops correction, "when it's NOA1 arrives"....

geez i'm mixed up in all those superpositions of quotations techologies as it can be for the superposition of the routes...lol

[Yodrak 7]

knowledge,

divinemercy was certainly confused when they wrote that post you quoted - I-129 is a petition for a non-immigrant worker.

Yodrak

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/faq/k3k4visa-I130petition.html.

Maybe these Links will help you in someway. It all starts with first applying for I130 , Petition for a spouse/relative. If you are not married then you apply for I129. If you want your wife to enter the US carrying an immigrant visa (dont anymore file the K3 or the I129) , just wait to be called for the IR1/CR1 interview. Then once approved in the IR1/Cr1 interview, she enters the US already with the greencard. The interview for this kind of Visa may take longer than the K3 Visa . So if you are not in a hurry, dont anymore file for K3 .

.....

In bold is one amongh other little confusions, so careful...

.....

[knowledge 0]

knowledge,

divinemercy was certainly confused when they wrote that post you quoted - I-129 is a petition for a non-immigrant worker.

Yodrak

Ops!...the "f" attached to I-129 would have make the whole difference!...

[juvy&Scott 0]

Hello Guys,

What if the I-130 and I-129F are approved at the same time and we want to pursue the K3 since it's still the fastest route as i've noticed in here, could we just abandon the whole I-130 process (sending fees and forms to NVC)? or should we really do the whole I-130 process as well?

Thanks so much for any info.

Juvy

[Yodrak 7]

Juvy,

These days you will most likely have to pay money to continue with the immigrant visa process if the I-129f and I-130 are approved at the same time. The USCIS is holding on to the approved I-130, not sending it to the NVC, if there is an approved I-129f based on the experience that most K3s adjust status rather than obtain an immigrant visa. And now that both petitions being processed at the same service center, either Vermont or California, the right hand knows what the left hand is doing.

Yodrak

Hello Guys,

What if the I-130 and I-129F are approved at the same time and we want to pursue the K3 since it's still the fastest route as i've noticed in here, could we just abandon the whole I-130 process (sending fees and forms to NVC)? or should we really do the whole I-130 process as well?

Thanks so much for any info.

Juvy