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K1, K3 or CR1


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#1 Trishia

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Posted 14 May 2010 - 09:48 PM

I have a friend.he just got back from philippines. he married his wife but UNREGISTERED coz hes planning to file K1.
but we told him that K3 is better than K1. less hassle than K1 i guess.
We would like to know how long is the estimated processing time for K3 and CR1.
Coz I have another friend.they filed k3 and was only 9 months processing... what about CR1???
Oct 2003---we met online
March 2004---He Became my boyfriend!
March 2005---met for the first time in cebu city with hes Mom since Hes Mom is from Cebu. And he Gave me "promise ring".
November 2006-----he surprised me a visit on my birthday! (I was totally shocked and amazed and SO HAPPY)
March 2007----time for him to go back home in florida
May 2008----I spent time with hes Parents and family in cebu during there vacation.my bebe "onggoy" cant come because of hes job.
june 2008---He proposed over the Fon


K1 Timeline

november 2008---my bebe filed I-129F
febuary 2009---NOA1
May 2009---Approved NOA2
June 2009---I recieved letter from US embassy Manila
July 9,2009---Medical approved!!!
July 20.2009--VISA APPROVED!!!!
july 24,2009--- VISA on HAND!
august 3,2009---Flight to USA with May,Brenda,Brena and baby dave.--- POE---. We missed our flight(last trip) to tampa.stayed Newjersey for a night.
august 4,2009--flight to tampa.we had side trip in NY city the whole morning..nakahirit pa hehehehe.... i arrived tampa 4pm with surprised roses from my beb and a pooh
October 11,2009-----Wedding day @ St.Petersburg,Florida

AOS TIMELINE
december 13,2009---got my form I-693 in a sealed envelope.
december 30,2009---sent my AOS to USCIS
january 11,2010---recieved reciept of my form I-485,form I-131 and form I-765.
January 15,2010----recieved my BIOMETRIC appointment dated january 26,2010 @ 11AM.
January 23,2010---recieved RFE from USCIS about my I-864A.
january 26,2010----Biometrics @ 11Am.Done 11AM sharp! Lucky i did not fall in line anymore.
April 6,2010----RFE sent and 2009 Tax with W-2 and W-7 to IRS sent
April 7,2010----IRS recieved my Dox
April 9,2010----USCIS recieved my RFE
April 22,2010----Notice recieved.AOS I-485 transferred to california service center last april 16,2010
April 30,2010----I recieved my ADVANCE PAROLE
May 4, 2010----I recieved my EAD card by mail.
May 18,2010---I recieved my WELCOME NOTICE by mail ----AOS APPROVED!!!!! without interview------
June 10,2010---I Recieved my GREEN CARD by mail. YaHhooOOo...Thanks GOD and to all Moderators and Wofers! removing in 2 years hehehe...

REMOVING TIMELINE....(2012)


THANKS to my BEbe,
Thanks to my family,
thanks to my friends,
Thanks Moderators,
Thanks WOFERs...
and of course Thanks JAH!


MY BELOVED HUSBAND PIC!
http://www.theworldo...i...ost&id=2223

#2 rbacon

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Posted 14 May 2010 - 11:40 PM

The CR-1, immigrant visa, is now running about 8 months. The K3 is a secondary, backup spousal visa, with little time savings these days.

--Ray B

QUOTE (Trishia @ May 14 2010, 05:48 PM) <{POST_SNAPBACK}>
I have a friend.he just got back from philippines. he married his wife but UNREGISTERED coz hes planning to file K1.
but we told him that K3 is better than K1. less hassle than K1 i guess.
We would like to know how long is the estimated processing time for K3 and CR1.
Coz I have another friend.they filed k3 and was only 9 months processing... what about CR1???



#3 Ampalaya

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Posted 15 May 2010 - 01:54 AM

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!
The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?
That’s the second interview if they are in doubt of your relationship.
Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.
Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!
CR-1 cost about $470
Get their GC and SS card in the mail within 6 weeks of arrival.
No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.
I’m sure I’ve missed a few things.
Bottomline is anyone that goes with the K3 the way things are now are masochist!
Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

K3 is basically obsolete at this time.

Edited by Ampalaya, 17 May 2010 - 08:34 PM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#4 Fritz

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Posted 15 May 2010 - 02:34 AM

Since they have the papers needed to register the marriage with NSO. CR-1 is the best deal. CR & K visas are taking a similar amount of time to process.

K-1/K-3 requires an extra AOS to get the initial 2 year greencard.
CR-1 visa is granted greencard upon admission to the US (it is sent by mail and arrives several weeks later)
Both require an AOS after 2 years as Resident Alien to replace the Conditional Permanent Resident Visa with a Legal Permanent Resident Visa ( 2yr & 10yr greencards)

K-3 was created to let married couples take advantage of the (then) faster K visa process. It is still included with the CR-1 petition as a free extra.

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#5 Ampalaya

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Posted 15 May 2010 - 06:16 AM

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

    <LI sizset="90" sizcache="1">The nonimmigrant K visa will be administratively closed. <LI sizset="91" sizcache="1">The application process explained below will not be applicable and cannot be used.
  • The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.
LOTS of K3s and CR-1 are being approved at the same time now eliminating the K3.


Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#6 godsgift

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Posted 15 May 2010 - 06:33 AM

QUOTE (Trishia @ May 14 2010, 09:48 PM) <{POST_SNAPBACK}>
I have a friend.he just got back from philippines. he married his wife but UNREGISTERED coz hes planning to file K1.
but we told him that K3 is better than K1. less hassle than K1 i guess.
We would like to know how long is the estimated processing time for K3 and CR1.
Coz I have another friend.they filed k3 and was only 9 months processing... what about CR1???

Marriage Based Visa Comparison Table

Visa Type:
K-1/ IR- 1/ CR- 1

Marital Status:
Engaged/ Married

Approximate Time to get Visa:
6 Months/ 7 months

Requires Adjustment of Status?:
Yes/ No

Requires EAD to Work (with valid Visa and before AOS approved)?:
Yes/ No ( see notes )

Requires AP to Travel Outside the US (with valid Visa and before AOS approved)?:
Yes/ No ( see notes )

Approximate Total Time to become Legal Permanent Resident:
12 Months / 7 months

Approximate Total Cost (USCIS Petition, Medical, Visa, AOS if required):
USD $1805 / USD $945

Extra Notes:
K1- Must be married and file for AOS within 90 days of entering the US (as to not accrue unlawful status).

IR-1/CR-1 Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely.

=================================================

Fiancé(e) Visa (K1)
In General

A K-1 Visa allows a Non-US Citizen Fiancé(e) to a US Citizen to legally enter the US and Adjust Status to become a Legal Permanent Resident. The process of obtaining a K-1 Visa starts by the U.S. citizen filing a form "I-129F: Petition for Alien Fiancé(e)" with the USCIS (United States Citizenship and Immigration Services). The USCIS is responsible for processing this petition and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Fiancé(e).

Upon receiving the approved I-129F petition, the US Consulate will contact the Non-US Citizen Fiancé(e) and request certain information be gathered and provided to the US Consulate. Additionally there will be an actual "visa interview" in person (at the consulate) for the K-1 Visa. If the embassy approves the K-1 Visa, they will issue the visa typically within two to three days after the interview.

Once the Non-US Citizen Fiancé(e) receives the K-1 Visa they may enter the US any time within six months of the visa being issued. Arriving in the US it is important to note that they must get married to the US Citizen who petitioned their K-1 Visa within 90 days and file for Adjustment of Status (AOS) to become a Legal Permanent Resident. If they fail to do this within 90 days of entry into the US they may accrue unlawful status inside the US as defined by the USCIS. This may potentially affect future immigration benefits they file for. Total time estimated: Roughly 6 months. You may view the K-1 current and historical processing time trends to get a better idea of the time the process may take at various stages. Unless an engaged couple decides to get married, this is their main visa option. If they decide to get married they will need to file for a K-3 or IR-1 / CR-1 Visa instead.

Pluses

"Relatively" fast process. As fast or quicker than K-3 and/or IR1 / CR-1 Visas (which are only available to married couples).

Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US. As a note, typically an EAD is applied for at the same time as the K-1 Visa Holder files for AOS (after marriage). Generally an EAD is issued within 90 days of the application being received.

The K-1 Visa allows for a "get to know your fiance better" period before marriage, since the visa is good for 90 days. The Non-US Citizen Fiancé(e) must marry the US Citizen and apply for AOS to remain in the US. If they do not marry there are no other methods to remain in the US and they must return home.

Minuses

The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US.

In nearly all cases, if the marriage fails prior to the K-1 Visa Holder's AOS application being approved there are no other options for legally remaining inside the United States; the K-1 Visa Holder will be required to leave the US.

A K-1 Visa Holder only has "valid status" for 90 days after they enter the US (and must be married and apply for AOS by that time to not accrue "unlawful status". This 90 day window may not be extended.

Only U.S. citizens can file for a fiance visa.
=============================================

Spousal Visa (IR1 / CR1)
In General

A IR-1 / CR-1 Visa allows a Non-US Citizen (spouse) married to a US Citizen (see note at end) to legally enter the US, immediately becoming a Legal Permanent Resident upon entry. This option may take longer than obtaining a K-3 Visa. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred).

The process of obtaining a IR-1 / CR-1 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed if a couple intends to obtain a K-3 Visa (see above section). The USCIS is responsible for processing the I-130 and if approved will forward the petition to the National Visa Center (NVC). The NVC may request certain information be provided to them (initial case processing) prior to forwarding the completed package to the consulate serving the location of the Non-US Citizen Spouse.

The visa processing at the US Consulate is similar to other family visas such as the K-1 and K-3 however the IR-1 / CR-1 Visa is an "Immigrant Visa", which means the Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.

Total time estimated: Roughly 7 months. You may view the IR-1 / CR-1 Visa current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file for a K-3 Visa while waiting for their I-130 to be approved. This is done by filing an I-129F after the I-130 has been received by the USCIS. See the above section for details.

Note: Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately.

Pluses

This is an "Immigrant" Visa and will as such allow the applicant to arrive in the US as a Legal Permanent Resident.

After entry into the US, as a Permanent Resident they may seek employment without restrictions. No Employment Authorization Document (EAD) is required.

After entry into the US, as a Permanent Resident they will not require special permission to leave the US for travel. No Advance Parole (AP) document is required.

IR1/CR1 Visas often do not take much longer than the K-3 Visa option. The benefit of entering the US and immediately becoming a US Legal Permanent Resident (Green Card Holder) to many people is worth the additional small wait in time.


Minuses

Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Arrival Date here in USA: July 12, 2011
Wedding: July 15, 2011- Civil Wedding, Lawton, OK City Hall
Appointment to a CS: July 21, 2011
Backed to CS: July 25, 2011-got my sealed I-963, no need for vaccination
Apply SSN: July 27, 2011
Arrived SSN Card: Aug. 1, 2011
AOS Filed: Aug. 25, 2011
EAD Filed: Aug. 25, 2011
AP: DIDN'T FILE BCOZ I DO NOT INTEND TO TRAVEL W/O MY GC..
Packet Received by USCIS: Aug. 29, 2011
E-not. for my AOS and EAD and NOA 1 Dated: Sept. 1, 2011
Biometric Notice: Sept. 2, 2011 (orig. sched. Sept. 23, 2011- 10 am OKC)
Biometric-Walk-in: Sept. 20, 2011
AOS case was Transferred to CSC : Sept. 29, 2011
AOS case was Transferred to USCIS: Oct. 5, 2011
Service Request for EAD and EAD Card Production: Nov. 2, 2011
EAD Card Arrived: Nov. 12, 2011
CSC called me: Feb. 13, 2012
AOS Approved: Feb. 24, 2012
AOS Updated my case status online: Mar. 1, 2012
USCIS sent my PRC: Mar. 5, 2012
Welcome Letter Received: Mar. 5, 2012
Passed my DMV: Mar. 6, 2012
GC and TDL on hand: Mar. 7, 2012
K2 was approved: April 17, 2012
K2 visa was issued: April 20, 2012
K2 Visa on-hand: April 26, 2012


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#7 Ampalaya

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Posted 16 May 2010 - 12:51 AM

"Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

VERY FEW filipinos can qualify for a B2 tourist visa during this time anyway.

Edited by Ampalaya, 16 May 2010 - 12:52 AM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#8 MrkGrismer

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Posted 17 May 2010 - 02:36 PM

QUOTE (Ampalaya @ May 14 2010, 09:54 PM) <{POST_SNAPBACK}>
If petitioner goes belly up before you get GC you stand a chance of being deported.


Note that this is no longer true: http://ssad.org/


I agree with the others that K-3 is basically obsolete now, the subjects should register their marriage and apply for a CR-1 (Immediate Relative) visa.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#9 Ampalaya

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Posted 17 May 2010 - 08:32 PM

QUOTE (MrkGrismer @ May 17 2010, 04:36 AM) <{POST_SNAPBACK}>
Note that this is no longer true: http://ssad.org/


I agree with the others that K-3 is basically obsolete now, the subjects should register their marriage and apply for a CR-1 (Immediate Relative) visa.


Note that this is no longer true: http://ssad.org/
Thanks Mark. I failed to delete that and I will now.


The new provision does not directly address the government’s definition of marriage, but it allows foreigners married to Americans for less than two years to submit their own petition for residency within two years of the spouse’s death, as long as they have not remarried and can prove a good-faith marriage.

The law is also retroactive; any immigrant whose citizen spouse died less than two years after they wed, no matter how long ago, would have two years from the law’s enactment to petition for residency.


Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#10 AndrwMrk

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Posted 17 May 2010 - 10:49 PM

QUOTE (Trishia @ May 14 2010, 05:48 PM) <{POST_SNAPBACK}>
I have a friend.he just got back from philippines. he married his wife but UNREGISTERED coz hes planning to file K1.


I'd strongly advise that they not try to file for the K1...they may be 'unregistered,' but the risks are just too great.
"Mix those mixed nuts! I see two almonds touching!"
~Kif Kroker

#11 hypr_lord

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Posted 06 November 2010 - 09:48 AM

QUOTE (AndrwMrk @ May 18 2010, 08:49 AM) <{POST_SNAPBACK}>
I'd strongly advise that they not try to file for the K1...they may be 'unregistered,' but the risks are just too great.


What do you me by "unregistered"? Do you mean with NSO? Thx
June 2006 - Met in Korea
07/19/06 - Started dating
08/06/07 - Aby returns to PH
10/31/07 - Ward retires from U.S. Navy
11/02/08 - Ward arrives in PH
01/05/09 - Married - Novaliches PH
01/05/09 - Trying to understand Visa stuff
10/23/10 - Birth of our son - Sebastian Gray
09/29/10 - Recieved US Passport and CRBA for son.
Present day - Still confused.

#12 rbacon

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Posted 06 November 2010 - 03:34 PM

It can be assumed that "unregistered" means the marriage was not recorded with the Local Registrar (LCR), a first step before the documentation reaches the NSO (a couple of more months later).

--Ray B

QUOTE (hypr_lord @ Nov 6 2010, 04:48 AM) <{POST_SNAPBACK}>
What do you me by "unregistered"? Do you mean with NSO? Thx



#13 denterprise

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Posted 06 November 2010 - 04:26 PM

QUOTE (AndrwMrk @ May 17 2010, 06:49 PM) <{POST_SNAPBACK}>
I'd strongly advise that they not try to file for the K1...they may be 'unregistered,' but the risks are just too great.


I have to agree, why take such a risk. If at the interview they get the feeling something is not right they can send an investigator to your friend's fiancé hometown to question neighbors, the local churches, etc. Is gaining a few weeks or months wort being denied permanently?
God is Good all the time


Dave

#14 rainkiss_cher

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Posted 18 February 2011 - 09:32 PM

Kinda out of topic but quite related question.... I went here as K1 and married last July 2009. Do I have to register marriage with my husband at the NSO in Manila? Is it really necessary?

Thanks!

#15 MrkGrismer

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Posted 18 February 2011 - 09:53 PM

Kinda out of topic but quite related question.... I went here as K1 and married last July 2009. Do I have to register marriage with my husband at the NSO in Manila? Is it really necessary?

Thanks!


It is not necessary but if you want to put your married name in your Philippine passport you will need to do so.

Cleo waited until she renewed her passport and did it then. It wasn't a problem.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#16 rainkiss_cher

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Posted 18 February 2011 - 11:37 PM

Thanks Sir Mark... i don't think i like to use my married name on my passport when i renew it, so since its not really necessary, i won't register. -)



It is not necessary but if you want to put your married name in your Philippine passport you will need to do so.

Cleo waited until she renewed her passport and did it then. It wasn't a problem.






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