info about k3 visa or CR 1 visa

[smroy]

we are an couple my wife is an USA citizen, we got married this September 2011 in India, Kolkata, my wife has filed I - 130 at Chicago lockbox. and we have also filed the I - 129f in Texas...what step should we take now to file K 3 or CR 1 visa...

We also read that after submitting I - 129f i can apply for K3 non immigrant visas and go to usa on non - immigrant visa ... need more and correct info on this ... please help.

[nichole]

Your I-130 will process for the spouse CR1 visa .

The K3 is rarely given anymore. In the past it was a race to see if the I-130 or I-129F was approved first. Normally the I-129F won so you went forward with the K3 process. Now they tend to be approved at the same time. In that instance, the USCIS closes the I-129F/K3 file and moves forward with the I-130/CR1.

The CR1 visa is better because you will get a greencard when you arrive in the US and can work immediately. With the K3, you would have to apply for the greencard ($1070) in the US and wait months to work.

[smroy]

Thank you very much for the reply. can u give me a brief idea on the timeline how long it may take for the CR1 to be approved!..this waiting is so painful.
thanks

[smroy]

After sending in our I - 130 it is forwarded to California service center and we have received NOA i.e. I-797C. what should we do now. how long will it take for us the get the visa now? Should we send the I-129F for the K3 visa????
any help will be appreciated.

[nichole]

Now that you have a receipt that your I-130 was filed, you may send an I-129F application and include a photocopy of the receipt for the the I-130. There is no fee for the I-129F if you file with the receipt.

You don't really get a choice of visas that way. Whichever petition gets approved first will determine your visa.

I-130 wins > CR1 visa
I-129F wins > K3 visa
The losing petition will be closed.

Some average times I've seen recently on another website are as follows. (Any petition could take longer)

California Service Center
I-130 petition - 100 days
I-129F (for K3) - 80 days (plus maybe 14 days it's behind the I-130) = 94 days from your start.
That's very close, so probably the I-130 would go forward.


Vermont Service Center
I-130 petition - 34 days
I-129F (for K3) - 169 days (plus maybe 14 days it's behind the I-130) = 183 days from the start.
Not even close, so the I-130 would go forward.

Again, I want you to understand that K3 visas are not so common like they were when I-130s would take a year to be approved. It will be possible, but not likely that you will get the K3 option. The CR1 costs less and is a much better visa.

Petition approval is just the first step. The National Visa Center process for the CR1 can take 3 months. Then 2 more months before your embassy gives you an interview.

For you, a guess would be a visa in August or September. That would depend on if you make any mistakes along the way to hold you up, if you get your applications and documents to the NVC in a timely manner, and if your embassy is a fast or slow one. The times are always a guess because California Service Center, NVC, and your Embassy could slow down or speed up at at any time..

[smroy]

Thanks alot for taking your time and answering our questions.

Now we need some more info. Since we have already sent in our I - 130 n I - 129f and waiting for them to get approved we are in the mean time working on the form for affidavit of support here we want to know is " my wife the US citizen who is the petitioner had taken off from work for a year due to a very critical surgery and death of her mom. but she have 3 properties and some stocks is this enough for the affidavit of support???

please help...

[smroy]

I have a new query since me I-129f n i-130 both are in initial review status and my wife went back to usa cause her six moths visa has expired so now u can understand we both are miserable without each another...is there any ways i can go to the States to be with my wife while the visa processing is on...some guidance will be much appreciated...

[nichole]

A lot of what you are asking now is country specific. If you're in a visa waiver country, go visit on VWP. If not, just wait.

Back to your other question, since you're probably going to get the CR1 visa then read the instructions carefully for the I-864 Affidavit of Support. There is also the I-864P which gives the levels of income needed. uscis. co m has the latest forms.

Example: if there is just you and her, that is a family size of 2-- $18,387 yearly income needed.

Since she has no income, if she uses assets to qualify it will be 5 times the required income, so
5 x $18,387 = $91,935 in assets needed.

There is detailed required proof of ownership of the assets, as well as proof of the value. Again read I-864 Instructions (all 11 pages) to learn all about the Affidavit of Support. There is a lot to study to get the forms and documentation that must go with it done right. If she leaves anything out, it will delay the visa and prolong your separation.

[nichole]

Example: if there is just you and her, that is a family size of 2-- $18,387 yearly income needed.

Since she has no income, if she uses assets to qualify it will be 5 times the required income, so
5 x $18,387 = $91,935 in assets needed.

I said that wrong. If it's the spouse, it's 3 times the required income, so
3 x $18,387 = $55,161 in assets needed.

A non-spouse has to prove 5 times the income if using assets alone.

[smroy]

Thanks so much for answering our queries,


so what we have learn from this is that we have to wait, since my country India so i have to wait here. what we are planning is that my wife USC will come back after few months and this time she will wait till we get our visa. And from your answer it is clear that our I-864 won't be a problem cause her assets value is much more then what we need to qualify.

now i want to know is it necessary for my wife to be present during my CR 1 visa here in India???

[nichole]

As far as I know, there are 3 consulates in India that process visas--Chennai, Delhi, Mumbai

Each could have their local preferences. I don't know India.

London, England- spouse can attend, but doesn't help or hurt
Manila, Phillipines- impressed favorably if spouse is there
Juarez, Mexico- Spouse not allowed in

[smroy]

our I-130 has been recived by the Californian service centre on first week of Dec 2011 an we hav just touched the 100days mark. My wife went back to USA over two months now but we both are hating this separtion. and even after 100days over since our i 130 has been recieved there is nothing from the USCIS. she is in usa n i am in india and we both are hating every day of this separation. WHAT WE WOULD LIKE TO KNOW WHAT IS THE TIMELINE FOR I 130 CURRENTLY AND WILL IT HELP IF WE GET IN TOUCH WITH A CONGRESSMAN OF FLORIDA SINCE MY WIFE IS FROM FLORIDA.. SOME INFO WILL BE VERY HELPFUL...PLEASE HELP.. THANKS

[smroy]

Is it true that for spouses of US citizens have no waiting period as in waiting in the line to get it done....is it true that we can file I-130 n I-485 togather...any info regarding this will be helpfull.. Thanks

[nichole]

The trends I've seen with a lot of people contributing are, as of right now.
California Service Center averaging 195 days
Vermont Service Center averaging 60 days

Interesting that petitions from Florida are usually processed at Vermont.


The USCIS shows processing times and if you are not beyond that, they will just tell you or a Senator you are within normal processing times.
USCIS explains:
"However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., "April 10, 2003") of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month. IMPORTANT: If your receipt notice date is earlier than the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance."

The I-130 at CSC says August 2, 2011 so if you filed earlier than that, they might help you. Otherwise you should just wait. .

[smroy]

Thanks lots again for the reply. We are also wondering why they have send our petition to California service centre. yes as you have stated the only thing we can do now is wait. So if oit take that long its more then 6months as it seem so in that case will my I-129f will be approved before I-130...the 5months for our i-129f will be May 2012.

Is it true that spouse of USC has no waiting period??? we need to know that ....
thanks