Impact of choice between IR1 and K-3

[ullumanali 0]

I've been reading around VJ and seen it mentioned multiple times that USCIS has changed the policies around how the IR1 and K-3 are simultaneously processed.

So my understanding is that if the K-3 visa is approved first, the I-130 will be put on halt and the K-3 will follow through th normal process. However, if the I-130 is approved first, followed soon after by the K-3, you have a choice to which one you want to push forward with...

Did I get this right?

Ok, having done that, how does the choice you make impact further...

I understand so far that if you pursue with the K-3, then it might get processed faster than the I-130 (is this true?). So we'll be reunited sooner.....!

But I just want to understand the flipside of making that choice -

- how many months does it add to her getting a green card

- how much additionally will it cost us (not just filing fees but any other hidden costs??)

- how soon will she be able to work once she arrives here (i.e. other forms and processing that would slow things down)

Thanks!

/UM

[Yodrak 7]

/UM,

Not really.

IR1 and K3 are visas. The USCIS does not process visas. The USCIS processes the prerequisite petitions.

If the I-129f petition is approved first the I-130 petition is not put on hold. It is processed to completion (approved or not approved). Then the USCIS holds on to it until it is needed for adjustment of status. Or, if the petitioner requests that it be sent on to the DoS, the USCIS will send it to the DoS.

Yodrak

I've been reading around VJ and seen it mentioned multiple times that USCIS has changed the policies around how the IR1 and K-3 are simultaneously processed.

So my understanding is that if the K-3 visa is approved first, the I-130 will be put on halt and the K-3 will follow through th normal process. However, if the I-130 is approved first, followed soon after by the K-3, you have a choice to which one you want to push forward with...

Did I get this right?

.......

/UM

[ullumanali 0]

Got it, I actually meant petitions. And what happens to the K3 if the I-130 petition is approved first?

Could you also elaborate more on the impacts of chosing one Vs. the other on costs, employment, etc?

Thanks!

/UM

/UM,

Not really.

IR1 and K3 are visas. The USCIS does not process visas. The USCIS processes the prerequisite petitions.

If the I-129f petition is approved first the I-130 petition is not put on hold. It is processed to completion (approved or not approved). Then the USCIS holds on to it until it is needed for adjustment of status. Or, if the petitioner requests that it be sent on to the DoS, the USCIS will send it to the DoS.

Yodrak

I've been reading around VJ and seen it mentioned multiple times that USCIS has changed the policies around how the IR1 and K-3 are simultaneously processed.

So my understanding is that if the K-3 visa is approved first, the I-130 will be put on halt and the K-3 will follow through th normal process. However, if the I-130 is approved first, followed soon after by the K-3, you have a choice to which one you want to push forward with...

Did I get this right?

.......

/UM

[Yodrak 7]

/UM,

What happens to the what? (Severe case of short-term memory loss, one sentence to the next?)

No. Every case will be different depending on the situations of the people involved. Only you and yours know all the details of your situation, you'll have to work out some scenarios for yourself.

Yodrak

Got it, I actually meant petitions. And what happens to the K3 if the I-130 petition is approved first?

Could you also elaborate more on the impacts of chosing one Vs. the other on costs, employment, etc?

Thanks!

/UM

Edited March 9, 2007 by Yodrak

[Portlander 0]

Still trying to get a handle on it myself!

My understanding is that the IR visa takes months longer. The advantage is that she can start working as soon as she gets here, and we don't have to reapply.

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

In our case, my wife is separated from our baby, and she's never been here before, so I figure that she won't be working for a while when she does get here. With any luck she'll get here in the summer. If she gets here in the winter when the weathers bad as her first impression she might run screaming back home!!!

[Yodrak 7]

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....

Edited March 9, 2007 by Yodrak

[aussiewench 9]

/UM

A couple of things. If you find that the I-130 is approved before the I-129F and forwarded to NVC for you to continue the process to apply for an immigrant visa, chances are pretty good that you will interview for this visa over the K-3. Reason: even if the I-129F is approved whilst your I-130 petition is still at NVC; once your approved I-130 and visa case arrives at the consulate/embassy, it will over-ride the K-3 even if a K-3 interview is scheduled already.

Providing your file for the immigrant visa isn't held up in security checks for any great length of time at NVC, on average you are looking at 3-4 months to get through this stage. (sometimes quicker, sometimes longer). To roughly work out time frames further, find out how long it takes to have Immigrant visas scheduled as opposed to K visas. Some consulates will vary quite a deal between the two, others not.

Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can check on the processing times for the Office that you will have to file AOS through, by checking on the USCIS site.

If your I-130 is held at the service center and the entry is made on the K-3, there is two options....to apply to adjust status in the US, or by filing the I-824 to have the I-130 transferred to NVC and then when complete and forwarded to the consulate, where one would return to the consulate for the immigrant visa. The processing time for the I-824 is showing 6 months so its not just a matter of filing the form/fee and it being automatically transferred.

Hope that is not too mixed up. Not easy to always put some things into words.

[Michael and Milahjean 0]

Aussiewench,

I had assumed the same with the CR-1 overriding the K-3, but in our pending case at Manila it didn't happen. We were scheduled for our CR-1 interview by NVC on February 2 (March 15 interview), then the Embassy scheduled our K-3 interview on February 15 (April 23). I don't know why exactly. Our case is the only case I know of where this has happened. We're letting the K-3 ride pending the results of the CR-1 interview next week. If all goes well, we'll cancel the K-3 interview and will open that 7:30 am slot for someone else.

It's been a very interesting process, but we're near the end and I'm so anxious now. Got those last second jitters.

Been wondering where you have been. Good luck to everyone!!!

Michael

[tiberonsuave 0]

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....

[Yodrak 7]

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....

Edited March 11, 2007 by Yodrak

[meauxna 15]

heheheh

hey suave, just back from a week underwater at La Paz--pretty slick dives, if you haven't been there yet!

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....

[tiberonsuave 0]

Cool,

Did you tell Mr. Hagar hello for me. Did you dive the sand falls? I love La Paz.

t

heheheh

hey suave, just back from a week underwater at La Paz--pretty slick dives, if you haven't been there yet!

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....

[meauxna 15]

Cool,

Did you tell Mr. Hagar hello for me. Did you dive the sand falls? I love La Paz.

t

bah, he wasn't taking my calls this time!

We didn't go down that way (did my first ever dives on the sand falls tho!). Went out of La Paz for the tiberones (no los vi).

68 degrees does *not* = 3mm weather! brrr

[ullumanali 0]

Thanks aussiewench! Appreciate you taking out time to provide such a detailed response. I am a little confused about some aspects still so will try and chime in below:

/UM

A couple of things. If you find that the I-130 is approved before the I-129F and forwarded to NVC for you to continue the process to apply for an immigrant visa, chances are pretty good that you will interview for this visa over the K-3. Reason: even if the I-129F is approved whilst your I-130 petition is still at NVC; once your approved I-130 and visa case arrives at the consulate/embassy, it will over-ride the K-3 even if a K-3 interview is scheduled already.

Got it... so preferably it works to my favor that the I-130 gets approved and forwarded to NVC before the I-129F as it leaves options open without me having to pay an extra $200 bucks for the I-824, right?

Providing your file for the immigrant visa isn't held up in security checks for any great length of time at NVC, on average you are looking at 3-4 months to get through this stage. (sometimes quicker, sometimes longer). To roughly work out time frames further, find out how long it takes to have Immigrant visas scheduled as opposed to K visas. Some consulates will vary quite a deal between the two, others not.

So I need to find out how long it takes for CR1 and K3 interviews to be set up at the Mumbai consulate once each is approved at the NVC. Any thoughts on how I go about doing this? Is this readily available on VJ somewhere? I remember someone mentioned on a post somewhere that from NVC approval to Mumbai consulate scheduling an interview for I-130 is 4 months?!

Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can check on the processing times for the Office that you will have to file AOS through, by checking on the USCIS site.

Hmm, currently it says that CSC is processing AOS (I-485) for Aug 21st '06 which means its about 6 months processing time... and Employment Authorization (I-765) for Dec 4th '06, which means about 3 months processing time.

So assuming I go with the K-3, and the K-3 gets processed 2 months (?) faster than the I-130, for my wife to be able to work it would work out as follows:

K3 Timeline from visa approval: Atleast 3 months before she can work

K3 Additional Cost: I-485 Filing fee ($325) + Biometrics Fee ($70) + I-765 Filing Fee ($180) = Total cost of $575 + Atleast 1 month opportunity cost

Vs.

I-130 Timeline: 2 months additional wait than K3 approval, but she can work immediately on arrival

I-130 Additional Cost: None

So based on this is it fair to assume that it is more cost effective and faster from an employment perspective to follow the I-130 path, assuming there are no hiccups in the process? Or am I making an error here?

If your I-130 is held at the service center and the entry is made on the K-3, there is two options....to apply to adjust status in the US, or by filing the I-824 to have the I-130 transferred to NVC and then when complete and forwarded to the consulate, where one would return to the consulate for the immigrant visa. The processing time for the I-824 is showing 6 months so its not just a matter of filing the form/fee and it being automatically transferred.

So if I understood this correctly, in the first option we'd follow the process of adjusting status in the US which as calculated above would cost around $575... or we can file the I-824 which would cost $200 plus she would have to fly back to India for an interview at the consulate, so about $1300 for her roundtrip plane ticket....

Hope that is not too mixed up. Not easy to always put some things into words.

Absolutely agree, I'm having a hard time asking some of my questions so I'm sure its tough when trying to answer people on VJ. once again, thank you for helping.

While I don't want to overanalyze stuff and money is not the biggest issue... the reason I'm asking all this is to understand timelines for my wife to be able to start working. We're trying to do some life planning, and if I'm going to go to MBA school full-time we want to see what's our best option to have atleast one income coming in to manage daily expenses while still reducing our time apart....

Best,

/UM

[tiberonsuave 0]

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....