IR-1/CR-1 or K visa?? Beating a dead horse?

[geohi 0]

Sorry - i have read a few posts in the forums about this topic, but im still not very clear on the "answer", and a lot of the posts seem quite dated... so i wanted to see if anyone knows.. We are married already and the beneficiary is in her home country.

We just sent our I-130 packet in this week. We are ultimately trying to minimize time of physical separation. is there any sense in attempting to send in the Fiancee Visa form once ive received NOA1??

Thanks!

[Penguin_ie 5,994]

No.

You are married and not eligible for a fiance visa.

[Daveadams33 7]

Not a fiance visa. but a K3 visa for spouses in case your I-130 Gets any delays the K-3 visa will alow you to visit your husband and Apply for adjustment of status over there But most likely both the I-130 and K-3 will get approved at the same time. best of lucks. I'm going thru the same process and it can be frustrating.

[geohi 0]

Right. K3 visa - that's what i meant.

Yes, the I-130 was sent. Of course i havent received the NOA1 yet, but im just trying to think ahead.

I am the husband and my wife is in vietnam. So, to clarify, it may be worth it to apply for K3 as well???

[Penguin_ie 5,994]

I wouldn;t. It is extra paperwork, not normally faster, and costs more, even in the rare case where it is approved.

[geohi 0]

ok thanks!

[Daveadams33 7]

I would send it. I sent mind just in case. You never Know what will happen. timeframes are always changing and any slight mistake on your 1-130 will cause delays which you are trying to avoid and thinking ahead by sending the k3. besides once you get the 1-130 receipt notice sending the K3 has no extra cost so it wouldnt hurt anybody. In my case I am the beneficiary waiting in my home country while my husband is from Philadelfia. our 1-130 PD is on sept 9th and our k-3 is on sept 29th we have been waiting 2 months so far, he always come visit me but its not the same so I understand your frustration. we hired a lawyer who's guiding us thru the whole process and sending the K-3 was our Plan B just in case our 1-130 takes longer than usual. Best of lucks!!!

Edited November 14, 2014 by Daveadams33

[Gorkhali 214]

If I130 for cr1 was sent then I129F for k3 wont be processed.

As far as i read k3 is no more processed. If filed cr1 and k3 together k3 is dropped and cr1 is processed.

Hope this helps

[geohi 0]

Thanks for the replies, everyone.

Since we are really interested in reducing physical separation time, I might just send the k3 just in case. This might be a little more expensive in the future, but might we well worth it for us.

Thanks for all the suggestions everyone. Even if it doesnt work, it was no skin off our backs

[Gorkhali 214]

They will not process k3 dont waste time.