Which route is faster or better- K-1, K-3 or CR-1?

TWISTIE · August 7, 2021

Hello there...

I have a fiancé in India ...for whom I intend to file paperwork very soon within 2-3 months but I am not sure which route should I choose to in order to be together quickly. My options are as follow, and please give your opinions to help me out in deciding-

(1) DCF = This option is not available in India as India doesn’t allow DCF. Besides, I am in US and not in India.

(2) CR-1 =. I could marry my fiancé from India at any time, its not a problem, but I just checked USCIS website and it says that its taking 19.5 months to 24.5 months to process I-130 petition now in Vermont. I live in NY. Then it would take another 3-5 months or more to deal with NVC and Consulate. Thus, it would be a very long long time...Covid has changed its processing time completely.

(3) K-1 = Its taking 7-11 months now...but the problem is- the consular officers in India are denying K-1 visa applications without giving any reason whatsoever and suggesting applicants to marry and file for CR-1. It has happened to 3 of my friends. If denied then all the money, time, energy in putting up the application/petition will be wasted for nothing and then will have to start from the beginning. Now, are they denying widely then I don’t know but they denied to 3 of my friends for no reasons and suggested them to do CR-1. It could be because India comes into their list of fraud.

(4) K-3 = This option could go either way and would cost more money and more efforts but seems very quicker and viable option at least to ME. I could marry in India...then immediately file I-130 for CR-1 and once I get receipt for filing I-130 then I can immediately file for I-129f for K-3. Right now I-130 is taking 19-25 months to process in Vermont Service...so it can take whatever...and K-3 will be processed within 6-8 months. Yes, it would cost more money and more paperwork but at least I would be able to bring my fiancé (future wife) quickly and don’t have to always worried or having sword hanging over my head, by doing k-1 visa, that they might reject K-1 at the interview for no apparent reason and would suggest to go for CR-1 visa... This way, in my opinion, my fiancé (after marriage) could come to US within 7-9 months.

So, PLEASE give your opinions, which would be greatly appreciated.

HRQX · August 7, 2021

48 minutes ago, TWISTIE said:

...and K-3 will be processed within 6-8 months.

The K-3 path essentially no longer exists. In FY 2020, there were only 2 K-3 visas in the whole world: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf Page 2

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

Quote

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

48 minutes ago, TWISTIE said:

Yes, it would cost more money

The costs before the visa interview step are essentially the same. https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

48 minutes ago, TWISTIE said:

to process I-130 petition now in Vermont.

Service Centers are not based on petitioner's residence. So odds are it won't go to Vermont unless you have a specific criminal history.

Edited August 7, 2021 by HRQX

Crazy Cat · August 7, 2021

1 hour ago, TWISTIE said:

Hello there...

I have a fiancé in India ...for whom I intend to file paperwork very soon within 2-3 months but I am not sure which route should I choose to in order to be together quickly. My options are as follow, and please give your opinions to help me out in deciding-

(1) DCF = This option is not available in India as India doesn’t allow DCF. Besides, I am in US and not in India.

(2) CR-1 =. I could marry my fiancé from India at any time, its not a problem, but I just checked USCIS website and it says that its taking 19.5 months to 24.5 months to process I-130 petition now in Vermont. I live in NY. Then it would take another 3-5 months or more to deal with NVC and Consulate. Thus, it would be a very long long time...Covid has changed its processing time completely.

(3) K-1 = Its taking 7-11 months now...but the problem is- the consular officers in India are denying K-1 visa applications without giving any reason whatsoever and suggesting applicants to marry and file for CR-1. It has happened to 3 of my friends. If denied then all the money, time, energy in putting up the application/petition will be wasted for nothing and then will have to start from the beginning. Now, are they denying widely then I don’t know but they denied to 3 of my friends for no reasons and suggested them to do CR-1. It could be because India comes into their list of fraud.

(4) K-3 = This option could go either way and would cost more money and more efforts but seems very quicker and viable option at least to ME. I could marry in India...then immediately file I-130 for CR-1 and once I get receipt for filing I-130 then I can immediately file for I-129f for K-3. Right now I-130 is taking 19-25 months to process in Vermont Service...so it can take whatever...and K-3 will be processed within 6-8 months. Yes, it would cost more money and more paperwork but at least I would be able to bring my fiancé (future wife) quickly and don’t have to always worried or having sword hanging over my head, by doing k-1 visa, that they might reject K-1 at the interview for no apparent reason and would suggest to go for CR-1 visa... This way, in my opinion, my fiancé (after marriage) could come to US within 7-9 months.

So, PLEASE give your opinions, which would be greatly appreciated.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
More expensive than CR-1
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)
Spouse can not work until she/he receives EAD (approx 6-8 months)
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period
Spouse will not receive Green Card for many months after Adjustment of Status is filed.
A denied K-1 is sent back to USCIS to expire

CR-1
Less expensive than K-1
No Adjustment of Status(I-485, I-131, I-765) required.
Spouse can immediately travel outside the US
Spouse is authorized to work immediately upon arrival.
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
�

***Moved to What Visa Do I Need?****

TWISTIE · August 8, 2021

Thanks everyone...appreciated...

For the sake of discussion then-

(1) My fiancé will not be working upon coming to US. Thus, EAD, GC or anything else related to it doesn’t matter.

(2) She won’t be traveling so soon as well...so we are not concerned for travel permit or GC as well upon coming to US.

(3) We don’t care about cost as well at this time.

(4) All we care at this point is- quickly for her being able to come to the US.

Now a few facts-

(1) There is a fee of $265 mentioned extra for K-3 visa...I don’t know for which application, but I think its something at NVC for visa fees, I guess.

(2) I know that petitions are filed with different USCIS offices but those offices only do filing, processing fees, and creating record like NVC does for DOS/consulate. And then petitions do go to respective service center for adjudication, and that’s where processing time comes into the picture. And since I live in NYC then anything related to me would fall under Vermont Service Center...and right now their processing time for form I-130 is 19-25 months, which is unbelievable. Might have to do with COVID but before COVID they have pretty much the same time, I guess. And then we would need to deal with NVC and then consulate...So, we are talking about 3 and half years or more here on CR-1 route if govt. would not do anything soon to clear out backlog...and then there is COVID still going on everywhere.

(3) As for K-1 then there is always a risk that they might reject it at the interview and suggest to do CR-1.

(4) K-3 is only viable option seems like it as of now, especially at this time...covid time..when everything has slowed down. Govt. has never phased out K-3 option. And yes, this option was rarely used in last few years. Why? Because there were other better options, but those options are not better anymore given the current processing time and COVID...Thus, this option comes in handy. In order to go for this route, all I would need is- copy of receipt of Form I-130. I know well that if USCIS would adjudicate I-130 prior to fully processing of k-3 visa then k-3 case would end which is ok...nothing to lose...but at least I would have a tool to get processed quickly, rather than just wait for its eternity if I file for CR-1...

HRQX · August 8, 2021

47 minutes ago, TWISTIE said:

And since I live in NYC then anything related to me would fall under Vermont Service Center...

Again, that is incorrect. Very high odds that it'll go to a different Service Center for adjudication. https://www.uscis.gov/sites/default/files/document/memos/supp-guidance-adam-walsh-actpdf.pdf "Centralization of Identified Adam Walsh Act Related Petitions at the Vermont Service Center for Adjudication"

47 minutes ago, TWISTIE said:

There is a fee of $265 mentioned extra for K-3 visa...I don’t know for which application, but I think its something at NVC for visa fees, I guess.

For IR-1/CR-1 there is a more proper review at NVC; thus why that visa category has a $445 NVC fee (i.e. $325+$120). Compare that with the embassy fee (only $265) for K-1, K-3, etc. category.

The $180 savings from going through a K-category route is eventually reversed after entering the US because of the expensive Adjustment of Status process.

47 minutes ago, TWISTIE said:

K-3 is only viable option seems like it as of now, especially at this time...

Nope. There has not been a K-3 issued since March 2020.

Edited August 8, 2021 by HRQX

Boiler · August 8, 2021

CR1

millefleur · August 8, 2021

It seems general consensus on VJ is CR-1 unless you have some specific reason that K-1 makes more sense, such as difficulty getting married due to travel issues, etc. Pre-Covid, K-1 had more benefits such as being faster, but post-Covid that no longer seems to apply. See the multiple gripe threads here on VJ about people waiting around K-1's right now and how slow it has become.

K-3 has been effectively dead in the water for years, as @HRQX mentioned. Covid has essentially killed it off entirely it seems, thus it currently only exists "on paper" as an option.

Edited August 8, 2021 by millefleur

TWISTIE · August 8, 2021

1 hour ago, HRQX said:

There has not been a K-3 issued since March 2020.

You are correct that there has NOT been a K-3 Issued since March 2020, but its because people were NOT filing it. Why? Because K-1 and CR-1 have been more beneficial all this time, but now its other way around. Covid has sent the backlog to its highest limit...and that’s where k-3 visa comes into the picture and that’s the only reason Congress enacted this k-3 visa...so that couple couldn’t be separated for long because of this longer delaying in processing. That’s what the sole purpose of creating this visa. Govt. hasn’t phased it out. Its just it wasn’t a viable and a good option until now. I-130 is taking too long NOW..and K-1 is also processing 12 months of average time...So this is the only viable option seems like it.

Besides, there is nothing to lose as there is no any extra fees for it. Just because its been only one or two K-3 issued in last previous years, that doesn’t mean its because govt. was denying it or not approving it at USCIS level or discouraging people not to file it, rather it were people who chose not to file for k-3 given the fact that K-1 and CR-1 used to process a wayyy earlier and quicker but this is not the case anymore...I think the new statistic from govt. on issuing of this visa would be different from now on this, for sure. It will force the govt. to clear it up backlog or adjudicate I-130 quickly.

Just a few years ago I did CR-1 for my previous wife. It took only 4 months to decide I-130 and then another 2 months at NVC and consulate....Total 7-8 months to have interview in very same US consulate. But now I-130 is taking at least 19 and half month to 25 months in Vermont service center...wherein Adam Walsh cases would be handled as well...Should I wait for 25 months or 7-8 months? I think choice is very obvious over here...

I know about a case over here wherein USCIS denied I-129F for K-3 visa to someone by stating that I-130 has been already approved while I-130 was pending but that was an error in USCIS part which could be fixed thru attorney or congresspeople. USCIS can not just deny a petition based on lies...For k-3, all one needs is a receipt of pending I-130..that’s all...I mean for I-129F for k-3. I am wondering what we have to lose by filing this I-129F? Both petition I-130 and I-129F could be filed together, and I think they could be filed online as well..at least I-130. I am lost here as to what we could loose here??

TWISTIE · August 8, 2021

1 hour ago, millefleur said:

K-3 has been effectively dead in the water for years, as @HRQX mentioned. Covid has essentially killed it off entirely it seems, thus it currently only exists "on paper" as an option

Why do you think K-3 has been dead for years?? We all know why...right...but that was BEFORE covid...but AFTER covid this is only viable option for people to speed things up...I am not talking K-3 in respect to prior to covid...Thus, it doesn’t matter if it was dead or alive before, but NOW...AFTER covid this is the only viable option seems like it...I would like to discuss this option of K-3 post covid when backlog has piled up and things have slowed down so much at every level of govt. like at USCIS, NVC, and at consulate. BEFORE covid, k-3 was dead because k-1 and cr-1 used to process way quicker than this k-3..that’s why it was dead....but now k-3 could process quicker that CR-1 (for sure, given govt. processing time) and it could be faster than k-1 as well...What do you say?

SalishSea · August 8, 2021

Soooo many confidently incorrect assumptions. OP, you would be wise to research and read as much as possible about the entire process if you want to get through it without additional time and expenses.

SalishSea · August 8, 2021

2 hours ago, TWISTIE said:

(4) All we care at this point is- quickly for her being able to come to the US.

For all of the spurious advice you have been dispensing to others on VJ, you should at least realize that there is no "quickly" when it comes to US immigration. Whichever route you choose, and depending on your ability to navigate the instructions for the forms, it will take no less than one year. Probably closer to two or more.

HRQX · August 8, 2021

6 minutes ago, TWISTIE said:

I think the new statistic from govt. on issuing of this visa would be different from now on this, for sure.

The most CURRENT/RECENT months show zero cases.

6 minutes ago, TWISTIE said:

AFTER covid

Exactly, look at the numbers. There has been zero cases since the 03/20/2020 DOS "Suspension of Routine Visa Services." Even after embassies started reopening there still has been zero cases.

18 minutes ago, TWISTIE said:

at least 19 and half month to 25 months in Vermont service center...

If you choose either CR-1 path or the K-3 attempt you won't know where the I-130 will be adjudicated before you file it. Look at the processing times for Nebraska Service Center, Potomac Service Center, etc. as there is where your I-130 will likely be adjudicated. https://egov.uscis.gov/processing-times/

TWISTIE · August 8, 2021

12 minutes ago, HRQX said:

Look at the processing times for Nebraska Service Center, Potomac Service Center, etc. as there is where your I-130 will likely be adjudicated. https://egov.uscis.gov/processing-times/

Every Service center its taking a very long time except in Nebraska Service Center, but then how to know for sure that my I-130 would be adjudicating in Nebraska Service Center? If it would go somewhere else then I am looking at a very long long time...

TWISTIE · August 8, 2021

I think people are awaking now or realizing only lately that K-3 is the only viable option for them to speed things up...which is why k-3 wasn’t filed earlier...but now latest applicants are exploring all options available to them...and this k-3 comes handy in my opinion...

SalishSea · August 8, 2021

47 minutes ago, TWISTIE said:

Why do you think K-3 has been dead for years?? We all know why...right...but that was BEFORE covid...but AFTER covid this is only viable option for people to speed things up...I am not talking K-3 in respect to prior to covid...Thus, it doesn’t matter if it was dead or alive before, but NOW...AFTER covid this is the only viable option seems like it...I would like to discuss this option of K-3 post covid when backlog has piled up and things have slowed down so much at every level of govt. like at USCIS, NVC, and at consulate. BEFORE covid, k-3 was dead because k-1 and cr-1 used to process way quicker than this k-3..that’s why it was dead....but now k-3 could process quicker that CR-1 (for sure, given govt. processing time) and it could be faster than k-1 as well...What do you say?

If you believe this is a great option for you, why not go for it? And report back, we will be interested to hear how you go.

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Which route is faster or better- K-1, K-3 or CR-1?

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