temp setback

[jhenson]

Hey all
heard from Consular in Dakar who informed that we have to go the cr-1 route because the i-130 was approved. I thought we had a choice but i guess not. took it hard yesterday but today I am much better. anyway, i sent the $70 fee and they will email him ds-3032. right now i am playing it by ear. i just did not understand why they scheduled the appointment and then change everything once he got there but God is great. at least he will have all he needs when he gets here inshAllah. I just miss him and was ready to be with him but God knows best. any ideas or thoughts of anyone who went through this or can give me some guidnace would be appreciated.

[nazminy]

30. According to the LIFE Act, a K3 visa may be issued when "an immigrant visa is not immediately available to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "available" only when the actual approved I-130 petition has been received by the IV-issuing consular post. If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.


which means that he could go with k3 instead of waiting for the cr1. i wonder where are the consulates getting the weired rules from. do they even read the rules for k3? im goin through same situation and now worried about my hubby's k3 interview as the i130 was approved already.

[nichole]

I believe the K3 was created to get people together faster when immigrant visas were taking a very, very long time. Now the processing of the CR1 or IR1 visas have been going fast...like both of these posters have seen with their own petitions.

After going through the whole K visa process and getting a better understanding of each step and all the forms---I do believe you both should be very happy to get the CR1 or IR1 visa. It's happening as fast as a K3 so it's not the old years of waiting like the past.

A CR1/IR1 visa holder enters the US as in immigrant. You can legally work immediately. Within weeks your green card will arrive in the mail. The process is less expensive than the K3 to geen card route.

A K3 visa holder enters the US as basically a visitor. You can not work. You must file another mountain of paperwork to apply for the green card and work authorization. It costs $1010 to apply. You get more passport photos and copies of tax records, translations, etc. You will have to pay a Civil Surgeon to sign off on you immunization records and many find that a confusing , expensive thing. You have to prepare for an interview. You are bored because you can't work or get a driver's license for maybe 3 months after you apply for the green card and work authorization. That's after sending in all that paperwork and money and for most people that doesn't happen the day you enter the US. So if it takes you 2 months to get your papers sent in, then 5 months without working or driving. The green card will take even longer than the work authorization.

So cheer up over the IR1/Cr1 visa...it could be a very good thing.