Help! Filed K3, was this right to do!?

[janellesmith 0]

What is the different between CR-1 and K3?

My husband and I got married in Canada, this last April, he is American. I still live in Canada and he in the U.S. So we both can work.

We filed for I-130 and received the receipt, so we then filed I-129F (k3) we just got an email yesterday that said it has been received and is being processed. What is the next step? Do I wait for an interview? Do I need to get a medical? We are trying to do this asap so we can live and work together the fastest way. I hope the CR-1 isn't faster.

Any advice?

[janellesmith 0]

Heres our story,

My husband and I got married in Canada, this last April, he is American. I still live in Canada and he lives in the U.S. so we both can work. We only live 2 hours apart and just want to live together ASAP and also be able to work (we both need the money)

We saw an immigration attorney and this is what she said (although she usually deals with Mexicans not Canadians):

We filed for I-130 and received the receipt, so we then filed I-129F (k3). We just got an email 2 days ago that said it has been received And routed to the Texas service centre for processing. What is the next step? Do I wait for an interview? Do I need to get a medical? How long does the visa take usually? We were told a week-6 months. She said after I get the visa I can move and live with my husband in the U.S. Then we apply for adjustment of status. We are trying to do this asap so we can live and work together the fastest way. I hope the CR-1 wasn't the faster way to go

All these posts are freaking us out, people saying they have waited a year or more!? There is no way we can wait a year to live together.

Any advice? No offence to anyone but please don't post anything if you are not 100% sure on the info you are giving me. We need good information. Thanks!!

[CallMeShams 34]

Try here:http://www.visajourney.com/content/k3flow

If I-129F is approved before the I-130 you can do the K3 visa.

Your next time is contingent on which of your petitions get approved first.

[janellesmith 0]

I thought I-129F is the same as K3? What is the difference.

And when I-130 is approved what does that entitle me to do?

[Transborderwife 4,666]

Waiting a year is the tip of the iceberg in the long run when you think of things. Be blessed that you could visit eachother much easier than those overseas.

[3rd 84]

If you're going through the IR-1/CR-1 route as you're already married, then the AOS is baked into that. When you're approved and you travel into the US to live with your husband, the stamp in your passport acts as a temporary green card.

I'm not going through this process so I can't comment on much else. Good luck!

[CallMeShams 34]

I thought I-129F is the same as K3? What is the difference.

And when I-130 is approved what does that entitle me to do?

Your answer can be found here: http://travel.state.gov/content/visas/english/immigrate/family/spouse-citizen.html

Also here: http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide

I-130 is a petition for a relative, I-129F is a petition for a fiancé. In this case, since you are married it entitles your spouse to come to the US kind of like how someone's fiancé could some to the US and the adjust status here.

If the I-130 is approved first then you will have to go the IR1/CR1 visa route

See here:http://travel.state.gov/content/visas/english/immigrate/family/fiance.html

Also here:http://www.visajourney.com/content/i130guide1

[Adil & Jeanne 296]

why the I 129 application? That is for fiancee not spouse

you had already applied for I 130 which is for a spouse and the right one to do

K 3 visa ???? no longer called this / it is spouse visa with I 130 is now CR 1

2 applications do not need to be done and you don't need the I 129

[Transborderwife 4,666]

why the I 129 application? That is for fiancee not spouse

you had already applied for I 130 which is for a spouse and the right one to do

K 3 visa ???? no longer called this / it is spouse visa with I 130 is now CR 1

2 applications do not need to be done and you don't need the I 129

Wrong. Though the k3 is rarely handed out it still does exist. The I-129 filing is indeed the proper process.

[nitsirk7562 82]

i-129F application is also used to process K-3's. The K-3 was created to ease the waiting time of the i-130 by allowing the spouse to travel here sooner. It requires a pending i-130. However, it became obsolete because it took just as long as the i-130, if not longer. There's no harm in applying for one, but many people don't as they usually get i-130 first.

why the I 129 application? That is for fiancee not spouse

you had already applied for I 130 which is for a spouse and the right one to do

K 3 visa ???? no longer called this / it is spouse visa with I 130 is now CR 1

2 applications do not need to be done and you don't need the I 129

[janellesmith 0]

See how this can be confusing, everyone is saying something different. How do you know the right thing to do.

Also, I-129F is also for spouse. On the form it gives you the option to choose k3-spouse.

[nitsirk7562 82]

This explains the K-3:

http://www.visajourney.com/forums/topic/497416-k3-visa-obsolete/

See how this can be confusing, everyone is saying something different. How do you know the right thing to do.
Also, I-129F is also for spouse. On the form it gives you the option to choose k3-spouse.

[janellesmith 0]

Thanks. That post helped.

So, since the I-130 could be processed before the I-129F, could we just send out the CR-1 now then? But I hear that takes at least a year or more?

If the I-130 is approved could I not move to the U.S. at that point and apply for employment? That's all we want right now anyways.

[CallMeShams 34]

Thanks. That post helped.

So, since the I-130 could be processed before the I-129F, could we just send out the CR-1 now then? But I hear that takes at least a year or more?

If the I-130 is approved could I not move to the U.S. at that point and apply for employment? That's all we want right now anyways.

The spousal visa (IR1/CR1) is what is received after you go through all the steps (3) to get the immigrant visa. The time varies, one person is probably going to get it done in 5 months but that was very fast. Depending on how things go in each step. 9 months seems to be a reasonable amount of time based on what I have seen on visa journey.

Once your I-130 petition is approved, it will go to the NVC for phase 2, then to the consulate (Embassy) for phase 3. So after the I-130 you still have 2 steps to go and you will not be able to immigrant to the US legally.

Please read the links I posted before. You may have read it but pleas read it again.

[Fan_Dancer 171]

But with a K3 she will still have to apply for a green card, no? That was the big disadvantage of K3 over other spousal visas.