IR1/CR1 vs K-3 Visa - Quick Question

[AndrewMc 36]

Hey there,

I just want to get some feedback on which route to take, by someone who has gone through the processes recently themselves.

Basically, I have always thought that going down the IR1/CR1 Immigrant Visa route would be the best option. As the pros far outweigh the cons; as well as there being less stress of additional paperwork that goes along with the K-3 route, even after I get to the states!

The problem started last week, as I had spoken to an immigration lawyer who threw a spanner in works. As he seemed to think the K-3 is a quicker process and really tried to sell it as being the best option for us. It also seems to be pretty expensive, and if its only saving us a couple of months, then it doesn't seem worth the added hassle.

On doing quite a bit of research it's hard to get a straight answer, some older posts say it's the best route, but newer ones are saying the K-3 is irrelevant now as the overall processing time for the IR1/CR1 is so much quicker - so might as well just stick to it.

We have another appointment with the lawyer next week, so that's why I'm just posting today, so that I can get a straight and current answer. Any information would be handy, and please don't point me in the direction of the guides, I've been going through them for so long! I just want some actual advice from someone who has done this recently. So many things I've read seem out of date now.

So is the K-3 visa worth it? Or just stick to my original plan of the Immigration Visa?

Many thanks,

Andrew

[Boiler 43,401]

Find another lawyer.

This one knows squat.

[Gorkhali 213]

k3 is waste of money n time. go with cr1 .. there are tons of new post about cr1 over k3 search for them

I m using in mobile right now so can't search link for u.. don't do k3

and seriously find new lawyer this one knows jack .

[AndrewMc 36]

Find another lawyer.

This one knows squat.

But they were highly recommended as a top immigration lawyer in Memphis.

I'm guessing as it's a lot more paperwork involved with the K-3 = a lot more in lawyer fees. So they try and sell it as being the best option!

I take it my original choice of the immigration visa is the better option going by your response?

[Cathi 5,609]

The older posts say a K-3 is the way to go because several years ago the CR1 visa was taking years to process and the K-3 was a way to reunite married couples faster. Today the K-3 is obsolete because processing of the CR-1 is faster, a K-3 is a waste of time and money with a straightforward case. And you can't just "go with an immigration visa" You cannot even send the 129f for the K-3 unless you have a pending I-130 for CR1. As long as you have a straightforward case there is also absolutely no reason to hire an attorney, most of the time they slow things down, make mistakes and you are the one who will still be doing all of the gathering of evidence and submitting it to the attorney. If you follow the guides at the top of the page and with the help of others here if you have questions, you can easily do it on your own. This is a DIY site and 99.% of people here do through the process without the use of an attorney. I didn't find Visa Journey until after my husband's I-130 was approved and his case was at the NVC. My husband and I had several red flags and we did the entire process from filing the petition and up to and including removal of conditions on our own and now we are getting ready to send his N-400 for citizenship in a few weeks. We have never had any RFE's and the process has been pretty painless. It seems to me the attorney you spoke to last week was just looking for a way to generate more money for himself/herself by recommending the K-3, there isn't even a filing fee for a 129f with a pending I-130 so the only thing that would make it expensive is the attorney fees.

[Gorkhali 213]

k3/ is no more processed.. and it takes same time like cr1 ( if u r lucky n processed at nvc).. and is exoensive than cr1

and 95% of folks here are doing it on our own.

Good luck

[Cathi 5,609]

But they were highly recommended as a top immigration lawyer in Memphis.

I'm guessing as it's a lot more paperwork involved with the K-3 = a lot more in lawyer fees. So they try and sell it as being the best option!

I take it my original choice of the immigration visa is the better option going by your response?

Just because they are highly recommended doesn't make them good. Did the person recommending this attorney personally use them? If so, they probably got hosed by him/her.

Once again, you have no choice but to petition for an immigration visa. An 129f for the K-3 cannot even be sent without a pending I-130 for CR1(the immigrant visa petition). Good luck!

[AndrewMc 36]

Thank you all for your responses as it's cleared things up a great deal for me. It's just what the lawyer said had thrown me off and had me doubting myself. I never even considered a K-3, but it made me think maybe he knows something I don't. I'm just glad that I was originally on the right track!

The I-130 was easy to fill in as that was pretty straight forward. It's only when we got to the Affidavit of Support as evidence of a bonafide marriage is when it got out of our depth and made us think we would need a lawyer in the first place.

It's a little annoying as we had already paid a consultation fee too. Oh well!

[NikLR 13,220]

The affidavit of support isn't until the NVC stage unless you are meaning affidavits of a bona fide marriage. If that is the case don't bother submitting them as they're very low on the evidence scale. Evidence of time spent together is best, along with any financial co-mingling you can manage and regular communication. Photos together have more weight than someone's third party opinion of your marriage.

k3/ is no more processed.. and it takes same time like cr1 ( if u r lucky n processed at nvc).. and is exoensive than cr1

and 95% of folks here are doing it on our own.

Good luck

K3 are still processed. They are just rare.

[AndrewMc 36]

The affidavit of support isn't until the NVC stage unless you are meaning affidavits of a bona fide marriage. If that is the case don't bother submitting them as they're very low on the evidence scale. Evidence of time spent together is best, along with any financial co-mingling you can manage and regular communication. Photos together have more weight than someone's third party opinion of your marriage.

K3 are still processed. They are just rare.

I guess all this time I was reading the guide wrong, as I always thought they were the same thing... I guess I saw "affidavit" and just assumed. I guess that makes things a little easier, even if I do feel a little foolish. I guess this is where talking to people who know what they are doing helps!

From the guide it says:

1. Documentation showing joint ownership or property;

2. A lease showing joint tenancy of a common residence;

3. Documentation showing co-mingling of financialresources;

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together;

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship;

6. Any other relevant documentation to establish that thereis an ongoing marital union.

1-3 we have no joint property/finance as I live overseas, I never really understood this one; as I live in the UK so how/why would I already own property/finances together? After I'm there it will be done pretty sharpish, but I'll need to get there first!

4 is not applicable

5 & 6 seem to be the only ones we are left with.

We have an abundance of photos and evidence of a relationship as we've been together since 2009. Just got married last month, so will have even more photos and videos of proof of marriage too. But financial and property proof is the thing we are lacking as evidence. If photos are enough then it should be very easy to provide that.

[Boiler 43,401]

Show what you can, London is pretty laid back.

[Ivy. 113]

We sent pics and some phone records. My husband did not even want to bother with passport stamps, boarding passes and hotel bills, though we had them. We got approved.

Do it alone and send whatever you can. Dont worry, it will be ok.

[raven52 233]

If you file K-3, it will just be changed over to a CR-1.

It is posted almost daily, that K-3 is obsolete.

[mallafri76 1,012]

Unless you have an extremely complicated or unusual case, you don't really need a lawyer. You can find all the information you need from USCIS, NVC and right here on VJ. My husband and I have a more unusual case but we're still doing it ourselves and got an approval for our I-130 without issues. Just read the guides and you'll be fine.

As to proof of bona fida marriage, photos of you two together as well as with family, email/chat/phone logs and copies of passport stamps/boarding passes is the best form of proof in my opinion. Most of us here don't have joint ownership of home and/or joint accounts yet, since the foreign spouse is still abroad, so no need to worry about that.

As others have already said, the K-3 is rarely used anymore so the CR-1 visa is the way to go. It'll take about a year, give or take a couple of months. Good luck with your visa journey.

[POA 175]

Hey there,

I just want to get some feedback on which route to take, by someone who has gone through the processes recently themselves.

Basically, I have always thought that going down the IR1/CR1 Immigrant Visa route would be the best option. As the pros far outweigh the cons; as well as there being less stress of additional paperwork that goes along with the K-3 route, even after I get to the states!

The problem started last week, as I had spoken to an immigration lawyer who threw a spanner in works. As he seemed to think the K-3 is a quicker process and really tried to sell it as being the best option for us. It also seems to be pretty expensive, and if its only saving us a couple of months, then it doesn't seem worth the added hassle.

On doing quite a bit of research it's hard to get a straight answer, some older posts say it's the best route, but newer ones are saying the K-3 is irrelevant now as the overall processing time for the IR1/CR1 is so much quicker - so might as well just stick to it.

We have another appointment with the lawyer next week, so that's why I'm just posting today, so that I can get a straight and current answer. Any information would be handy, and please don't point me in the direction of the guides, I've been going through them for so long! I just want some actual advice from someone who has done this recently. So many things I've read seem out of date now.

So is the K-3 visa worth it? Or just stick to my original plan of the Immigration Visa?

Many thanks,

Andrew

I would recommend IR/CR1. I was on CR1 and didn't need a lawyer. Unless your case is very complicated, you won't need a lawyer.