CR-1 after K-3

[mendeleev 68]

We're finally on our way.

The most important consideration, for my wife, is her freedom to come and go back home to Russia. Her mother, an 83-year-old widow, could need her presence at any moment. I strongly prefer not to ever ask her to apply for Advanced Parole.

So, this is what I'm currently planning -- and I'd really appreciate it if people here could point out any pitfalls, apparent oversights, or glaring problems with this plan.

Once I truly get my I-797C for my I-130, submit an I-129F for a K3. Presumably we'll get NOA2 for the I-129F and I-130 at around the same time.

Let the K3 process continue through NVC and on to Moscow, where she'll get a K3 visa (good for multiple entry for two years, and renewable).

After she enters the States, submit my I-824, together with evidence of the approved I-130 and the $200, to get it on its way to NVC. Do the whole NVC trip, feeding DOS fees as we go, and then she goes back to Moscow for a CR-1 (maybe by then a IR-1) interview.

Now, does the overall scheme seem consistent with how USCIS/DOS currently does things? Is there a time limit beyond which it will get difficult to use a I-824 to reactivate the (by then) approved I-130?

Thanks!

[riblet 0]

What you have written does seem consistent with how things would likely go.

I think you may be slightly confused about Advance Parole though - your wife would not have to apply for that by virtue of having the K3 visa. Did you think that by filing for Adjustment of Status that your wife wouldn't be able to leave without AP? This would not be true for a K3 holder.

I can't see any benefit to filing the I824 as opposed to filing for Adjustment of Status in the U.S., I believe by filing the I824 it will end up costing more than doing AOS.

Hope this helps a bit Good luck with the process!

[mendeleev 68]

Riblet,

Are you sure? (I'd be delighted to be wrong, since it would appear to simplify matters!)

I thought that if a K3 visa holder applies for Adjustment of Status and then wants to leave and re-enter the US during the Adjustment period, that Advanced Parole is still required. This always puzzled me, though, since a K3 is a multiple entry visa.

[riblet 0]

I'm sure K1 holders would have to file for AP because their visas are single entry, but not K3's. Someone else will probably chime in, but I'm sure.

Riblet,

Are you sure? (I'd be delighted to be wrong, since it would appear to simplify matters!)

I thought that if a K3 visa holder applies for Adjustment of Status and then wants to leave and re-enter the US during the Adjustment period, that Advanced Parole is still required. This always puzzled me, though, since a K3 is a multiple entry visa.

[nyseness 0]

I also agree. With the K3 she will be able to travel back and forth b/c it's valid for 2 yrs. They made this way because some choose to go back to their home country to do the CR interview instead of doing the AOS.

[BelwinMills 0]

K-3 you can come and go as wanted. You do not need to apply for Advance Parole.