UK to USA: CR-1 vs. K-3

[LondonGator 0]

Hi there,

I'm new to the forum, and have searched for a similar question/situation, but wondered if anyone can point me in the right direction/provide help.

I'm a UK citizen, and my wife is a US citizen. We got married in Florida in February (we had a K-1 Visa then, but I have since returned to London), and are now planning to move to the US full time.

There seems to be conflicting advice about whether we should apply for a K-3 Visa or a CR-1. It seems like the CR-1 now is just as quick, and also cheaper, as it looks like I wouldn't need to pay to adjust status.

Any recommendations on what is going to be the simplest/quickest route for us? We spoke to the USCIS who advised us to submit the I-130, G325A, I-485, I-864, I-693, I-131, and I-765 when I visit the US for 2 weeks in July (travelling on a visa waiver). Obviously there's quite a cost attached to this, so we're reticent to do all this, if it's going to cause complications when I then leave and try to come back later in the year. Apparently this is the purpose of the I-131, although I'm sceptical about whether it will be processed within the 2 weeks I'm there?

Thanks in advance for any help!

[p-ana 933]

K3s are obsolete. You should go for a cr1/ir1 if you're married.

Don't do what uscis said, entering with a non immigrant visa or visa waiver/ esta with the intention to stay and adjust status is fraud.

This is the guide you should follow http://www.visajourney.com/content/i130guide1 and it should take about an year for you to get your visa in hand

Good luck

Edited June 23, 2016 by p-ana

[LondonGator 0]

Thanks p-ana. It looks like that process is going to take a few months to complete? Obviously that's fine in the context of the rest of our lives, but the sooner we can be together permanently the better!

Don't suppose you know if I can still visit on an ESTA while that process is ongoing?

I think USCIS meant we should submit while I'm here, knowing that the next trip is only a short visit while we prepare to stay permanently i.e. I need to be in the country to submit the forms, so doing them is fine, as I'm leaving shortly afterwards - they suggested that the I-131 lets me travel back and forth while the process is ongoing. It sounds dubious to me.

[p-ana 933]

Thanks p-ana. It looks like that process is going to take a few months to complete? Obviously that's fine in the context of the rest of our lives, but the sooner we can be together permanently the better!

Don't suppose you know if I can still visit on an ESTA while that process is ongoing?

I think USCIS meant we should submit while I'm here, knowing that the next trip is only a short visit while we prepare to stay permanently i.e. I need to be in the country to submit the forms, so doing them is fine, as I'm leaving shortly afterwards - they suggested that the I-131 lets me travel back and forth while the process is ongoing. It sounds dubious to me.

It takes about a year from filing to visa in hand. Everyone wishes it could go faster, but with immigration you should know that things take time and you need s lot of patience along the way.

You can visit, yes, but be sure to bring documents showing your ties to your home country and a return ticket, so the cbp is more likely to let you in.

Uscis phone line is known as the misinformation line, they often don't know what they're saying and give terrible advice.

What they suggested is fraud. You can follow the guide on the link I posted. You won't need as many forms and documents in the first step, the i130 petition.

The i131 is used when you're adjusting status, but not a guarantee you're allowed back in. Also, it takes a lot longer than a few weeks to get it, current timeline is around 3 months or longer.

[LondonGator 0]

That's very helpful, thank you. And great to know about the USCIS line. We were going to make an "InfoPass" appointment at the USCIS, which hopefully should be more reliable... Otherwise we might need to get a lawyer.

My UK job allows me to work wherever, so we're currently also looking into whether I could come over for 3 months on an ESTA in the interim, so we'd at least be together while the process was going through.

It's nice to have found a forum where people seem to understand the pain of immigration!

[p-ana 933]

Having the visa waiver/ esta surely makes visiting a lot less harder.

You can save the lawyers money for sure, this website is the best source for people immigrating to the us.

Good luck!