K 3 vs CR1

[JTonner 0]

Hi there, I'm a little confused could you explain what the difference is between the two? My husband and I are moving to America on an i130 and want to wait there so which one would we file?

Thanks

[jkelly07 120]

last year they stopped the k-3 it's not used any longer.you just do 1-130 married cr-1, you will still see it around on different guides, pay no attention to it.

[Ryan H 3,796]

Hi there, I'm a little confused could you explain what the difference is between the two? My husband and I are moving to America on an i130 and want to wait there so which one would we file?

Thanks

The I-130 is a petition form filed by a US Citizen or US Permanent Resident on behalf of a relative, it is not something you "move to America on."

K3 is a non-immigrant visa; K3 visa holders would have to go though the Adjustment of Status (AOS) process prior to obtaining a green card.

CR-1 is an immigrant visa; holders are given a temporary green card at the US point of entry, no AOS needed.

Finally, while the K3 remains on the books, it is almost nonexistent in practice. I-129F petitions filed in conjunction with an I-130 are tied together by USCIS and a decision is made on both at the same time. If approved, both are sent to the NVC. If the NVC receives both petitions at the same time or the I-130 first, the I-129F that was filed to start the K3 is administratively closed by the NVC leaving only the I-130 active which is the CR-1 path.

[jkelly07 120]

the k-3 is administratively closed now obsolete. effective february 1 2010,you now use cr-1 or ir-1 immigrant visa,for the k-3 years ago you would use the 1-130 and the 1-129f file togather would be the k-3, no more in use.

[canadian_wife 1,795]

PS- you don't move to the US on an I-130. The beneficiary (or non US citizen) must have a valid immigrant visa in their passport before anyone 'moves'

Good luck

[Darnell 8,478]

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[seifetag 0]

The I-130 is a petition form filed by a US Citizen or US Permanent Resident on behalf of a relative, it is not something you "move to America on."

K3 is a non-immigrant visa; K3 visa holders would have to go though the Adjustment of Status (AOS) process prior to obtaining a green card.

CR-1 is an immigrant visa; holders are given a temporary green card at the US point of entry, no AOS needed.

Finally, while the K3 remains on the books, it is almost nonexistent in practice. I-129F petitions filed in conjunction with an I-130 are tied together by USCIS and a decision is made on both at the same time. If approved, both are sent to the NVC. If the NVC receives both petitions at the same time or the I-130 first, the I-129F that was filed to start the K3 is administratively closed by the NVC leaving only the I-130 active which is the CR-1 path.

Hi Ryan...this is our situation, we got our NOA2 approval online yesterday, then today, we got a text stating the K-3 we applied for back in march of this year, they're wanting additional info...RFE, so now what? since we got our approval for the I-130, do we disregard? or do we wait to get the RFE to see what they need? I would rather go forward with the I-130 but I'm concerned that this might affect our approval on our I-130? any thoughts on this? I know...I know..I shouldn't have applied for that k-3 but oh well..it is, what it is...thanks

[Darnell 8,478]

please to inquire with USCIS, as

just cause the I-130 is approved, it doesn't mean that it's left the building.

USCIS folk USUALLY bundle up the I-129F with the I-130, but in your situation, you need to find out IF the I-130 is going to NVC, or staying with the I-129F until you respond to the RFE.

Have the USCitizen Petitioner inquire, use a telephone. today..

[pushbrk 12,243]

Hi Ryan...this is our situation, we got our NOA2 approval online yesterday, then today, we got a text stating the K-3 we applied for back in march of this year, they're wanting additional info...RFE, so now what? since we got our approval for the I-130, do we disregard? or do we wait to get the RFE to see what they need? I would rather go forward with the I-130 but I'm concerned that this might affect our approval on our I-130? any thoughts on this? I know...I know..I shouldn't have applied for that k-3 but oh well..it is, what it is...thanks

You haven't applied for a K3 or any visa yet. You filed two petitions. Once the I-130 is approved, the I-129F for spouse is no longer viable. You are on the CR1 visa path. Become a professor of the NVC process to speed things up. K3 is completely out of your picture but has been a time waster several years anyway.