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K3 visa from paris for nonresident USC - help please !

K3 visa from paris for nonresident USC - help please !

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Old Nov 2nd 2003, 1:17 am
  #1  
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Default K3 visa from paris for nonresident USC - help please !

Hello,
I am a US citizen, live in California, and is trying to file for K3 visa from Paris. I found out that US consulate in Paris does not do K3 for a non-resident USC, but I heard they give some slack sometimes. Can anyone give some tips on this?
thanks in advance.
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Old Nov 2nd 2003, 3:41 am
  #2  
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Default Re: K3 visa from paris for nonresident USC - help please !

scorpie wrote:

    > Hello,
    >
    > I am a US citizen, live in California, and is trying to file for K3 visa
    > from Paris. I found out that US consulate in Paris does not do K3 for a
    > non-resident USC, but I heard they give some slack sometimes. Can anyone
    > give some tips on this?
    >

I think there is some confusion. What you usually get by filing directly
with a consulate would be a CR-1/IR-1 visa for a spouse. A K-3 is
generally for people that can't file I-130 directly with the consulate
and want to get their spouses to the US quicker. To get a K-3, the USC
first files I-130, then waits for the first NOA. After you get the first
NOA, then you can file I-129F for your spouse to get a K-3, or wait for
the I-130 to run its course.
 
Old Nov 2nd 2003, 6:57 am
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Default Re: K3 visa from paris for nonresident USC - help please !

Hi thanks for clarifying. I don't know anyhting about CR-1/IR-1 visa. What is the name of the form? Where can I find more info about it? What's the timeline compare to K1/K3 visas?
thanks again

Originally posted by Mrtravel
scorpie wrote:

    > Hello,
    >
    > I am a US citizen, live in California, and is trying to file for K3 visa
    > from Paris. I found out that US consulate in Paris does not do K3 for a
    > non-resident USC, but I heard they give some slack sometimes. Can anyone
    > give some tips on this?
    >

I think there is some confusion. What you usually get by filing directly
with a consulate would be a CR-1/IR-1 visa for a spouse. A K-3 is
generally for people that can't file I-130 directly with the consulate
and want to get their spouses to the US quicker. To get a K-3, the USC
first files I-130, then waits for the first NOA. After you get the first
NOA, then you can file I-129F for your spouse to get a K-3, or wait for
the I-130 to run its course.
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Old Nov 2nd 2003, 4:21 pm
  #4  
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Default Re: K3 visa from paris for nonresident USC - help please !

scorpie wrote:

    > Hi thanks for clarifying. I don't know anyhting about CR-1/IR-1 visa.
    > What is the name of the form? Where can I find more info about it?
    > What's the timeline compare to K1/K3 visas?
    >
    > thanks again


You file I-130 to get your spouse a CR-1/IR-1 visa.
If you can file this and have it processed locally, the time can be a
few days to a couple of months, usually. When your spouse enters the US,
they immediately become a permanent resident. You should contact the
consular people at the Paris embassy to find out what they require for
this, or if it is possible for a non resident US citizen to file there.
That is where you are going to get the best answer.

K-3 was added a couple of years ago due to the lengthy processing time
of a normal I-130 filed in the US. However, it is possible that the K-3
will not be faster to obtain then a CR-1/IR-1 (CR-1 if married less
than 2 years). To get a K-3, I-130 would first be filed, then I-129F
would be filed when you got the first notice of action. If entering the
US on a K-3, the immigrant does not become a permanent resident until
filing and getting an approved I-485. This could take a year or more.

Timelines vary....
 
Old Nov 3rd 2003, 5:13 pm
  #5  
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Default Re: K3 visa from paris for nonresident USC - help please !

Thank you for the explanation ...however its still confusing about this CR-1 visa. I couldn't find it anywhere on the net (that says "CR-1") on how it really works, in what basis they decide to give you CR-1 instead K3, etc.
I tried to call the embassy but it's all recording. Unless you pay $15 plus whatever the long distance costs are, you could get a life person who can/ cannot help with your case. This is rather frustrating...
So if anyone else could help (who has experienced this), please write to me !! Especially if you have done I-130 from Paris - if it's all possible at all because I don't want to wind up in waiting for a year or more for my fiancee to be in the US.
thanks!



Originally posted by Mrtravel
scorpie wrote:

    > Hi thanks for clarifying. I don't know anyhting about CR-1/IR-1 visa.
    > What is the name of the form? Where can I find more info about it?
    > What's the timeline compare to K1/K3 visas?
    >
    > thanks again


You file I-130 to get your spouse a CR-1/IR-1 visa.
If you can file this and have it processed locally, the time can be a
few days to a couple of months, usually. When your spouse enters the US,
they immediately become a permanent resident. You should contact the
consular people at the Paris embassy to find out what they require for
this, or if it is possible for a non resident US citizen to file there.
That is where you are going to get the best answer.

K-3 was added a couple of years ago due to the lengthy processing time
of a normal I-130 filed in the US. However, it is possible that the K-3
will not be faster to obtain then a CR-1/IR-1 (CR-1 if married less
than 2 years). To get a K-3, I-130 would first be filed, then I-129F
would be filed when you got the first notice of action. If entering the
US on a K-3, the immigrant does not become a permanent resident until
filing and getting an approved I-485. This could take a year or more.

Timelines vary....
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Old Nov 3rd 2003, 5:19 pm
  #6  
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Default Re: K3 visa from paris for nonresident USC - help please !

Originally posted by scorpie
I couldn't find it anywhere on the net (that says "CR-1")
Try searching for DCF, or Direct Consular Filing. A lot of people refer to the CR-1 process like that.

You should also be able to find some info about this on the website for the US consulate in Paris.

Good luck with things.

Elaine
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Old Nov 3rd 2003, 6:31 pm
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Default Re: K3 visa from paris for nonresident USC - help please !

Originally posted by scorpie
Thank you for the explanation ...however its still confusing about this CR-1 visa. I couldn't find it anywhere on the net (that says "CR-1") on how it really works, in what basis they decide to give you CR-1 instead K3, etc.
I tried to call the embassy but it's all recording. Unless you pay $15 plus whatever the long distance costs are, you could get a life person who can/ cannot help with your case. This is rather frustrating...
So if anyone else could help (who has experienced this), please write to me !! Especially if you have done I-130 from Paris - if it's all possible at all because I don't want to wind up in waiting for a year or more for my fiancee to be in the US.
thanks!
scorpie,
I had similar confusion when starting our immigration journey. I found a good explanation of the different types of visas here: http://k1.exit.com/dcf.html

The CR-1/IR-1 visa is obtained by filing the I-130 for a *spouse* directly at the Consulate. Whether or not the Consulate will let you file with them when you are not resident in their country is up to them. Perhaps writing an email is the best way to reach them. You can also look for posts from Caro around the end of June; someone was contacting Paris for current info around then and she participated in the thread.

Obtaining the CR-1 visa is considered superior because the alien enters the US and gets the Green Card within a couple of weeks/month.

If you are not allowed to file in Paris, you will follow the K3 steps and file your I-130 and I-129 in the US and your spouse applies for the visa in Paris.

If you are not married, (you said "fiance"), you will have to file for a K1 petition (I-129F) and visa.
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Old Nov 3rd 2003, 11:32 pm
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Default Re: K3 visa from paris for nonresident USC - help please !

thank you all for your help. It's becoming more clear now except contacting the embassy is still a work of impossible. I told my fiancee to go down there to ask questions (hope this one will work).
I am really nervous filing for K3 (through BCIS) since it takes longer than K1 (according to many people). But I guess I have to gamble on it.


Originally posted by meauxna
scorpie,
I had similar confusion when starting our immigration journey. I found a good explanation of the different types of visas here: http://k1.exit.com/dcf.html

The CR-1/IR-1 visa is obtained by filing the I-130 for a *spouse* directly at the Consulate. Whether or not the Consulate will let you file with them when you are not resident in their country is up to them. Perhaps writing an email is the best way to reach them. You can also look for posts from Caro around the end of June; someone was contacting Paris for current info around then and she participated in the thread.

Obtaining the CR-1 visa is considered superior because the alien enters the US and gets the Green Card within a couple of weeks/month.

If you are not allowed to file in Paris, you will follow the K3 steps and file your I-130 and I-129 in the US and your spouse applies for the visa in Paris.

If you are not married, (you said "fiance"), you will have to file for a K1 petition (I-129F) and visa.
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Old Nov 4th 2003, 12:26 am
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Default Re: K3 visa from paris for nonresident USC - help please !

meauxna wrote:
    >
    > Obtaining the CR-1 visa is considered superior because the alien enters
    > the US and gets the Green Card within a couple of weeks/month.

The card generally takes a few months, but the status (and I-551 stamp
in your passport) is given as soon as you arrive.
 
Old Nov 4th 2003, 12:55 am
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Default Re: K3 visa from paris for nonresident USC - help please !

Originally posted by Mrtravel
meauxna wrote:
    >
    > Obtaining the CR-1 visa is considered superior because the alien enters
    > the US and gets the Green Card within a couple of weeks/month.

The card generally takes a few months, but the status (and I-551 stamp
in your passport) is given as soon as you arrive.
My personal experience and several DCFers reported here in the past year make it 2-4 weeks.
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Old Nov 4th 2003, 4:19 am
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Default Re: K3 visa from paris for nonresident USC - help please !

Unless the rules have changed, I do not think that it is possible to DCF in Paris if the USC is not a French resident.

I looked into it 2 years ago or so when we got married, and it looked like it was not possible. Marian (Mrs. Missing her Parisian Man) looked into it or at least looked partially into it about a year ago when she was prisoner of the NSC, and I think that she got very unconsistent answers. You should be able to get info from her old posts.

Unless rules have changed, the website from the consulate asks for the French "carte de sejour" for the USC if doing DCF.

I would say that it is unlikely that you will be able to DCF, but you should check it out. The hotline is expensive, but there is an email address for US citizen services, so you could just ask the question there and see what you get as an answer?

Caroline
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Old Nov 4th 2003, 7:58 am
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Default Re: K3 visa from paris for nonresident USC - help please !

Caro,
thanks for the reply. This is exactly what I want to know. I saw Marian's posting as well but never found out what she ended up doing. I tried to email her but no response until now. ..

I beleive the US consulate site says "do not email for questions regarding visas" but I will probably give it a shot anyway.

What would be your recommendation? K1 then? Will I be able to file K1 from there?


Originally posted by Caro
Unless the rules have changed, I do not think that it is possible to DCF in Paris if the USC is not a French resident.

I looked into it 2 years ago or so when we got married, and it looked like it was not possible. Marian (Mrs. Missing her Parisian Man) looked into it or at least looked partially into it about a year ago when she was prisoner of the NSC, and I think that she got very unconsistent answers. You should be able to get info from her old posts.

Unless rules have changed, the website from the consulate asks for the French "carte de sejour" for the USC if doing DCF.

I would say that it is unlikely that you will be able to DCF, but you should check it out. The hotline is expensive, but there is an email address for US citizen services, so you could just ask the question there and see what you get as an answer?

Caroline
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Old Nov 4th 2003, 1:16 pm
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Default Re: K3 visa from paris for nonresident USC - help please !

If you have any answer from Paris US consulate, please tell us , it would be wonderful if they would now allowed DCF for non -resident.


CSC NOA 1 : 09/30/03
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Old Nov 4th 2003, 2:18 pm
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Default Re: K3 visa from paris for nonresident USC - help please !

Originally posted by scorpie
Caro,
thanks for the reply. This is exactly what I want to know. I saw Marian's posting as well but never found out what she ended up doing. I tried to email her but no response until now. ..

I beleive the US consulate site says "do not email for questions regarding visas" but I will probably give it a shot anyway.

What would be your recommendation? K1 then? Will I be able to file K1 from there?
Marian ended up waiting for her K1 and getting married in Michigan. They have their AOS interview in a few days if it has not already taken place.

The answers she got regarding DCF were at best murky, as far as I remember.

Last time I checked the US consulate website in Paris (a month or 2 ago), they hadn't added to not contact them for visa matters. You can still give it a try and see what happens...

I am not sure what is best to do K1 or K3. It is your call depending on what is important to you, and the rough timelines given on the different website. It is like a gamble!!!! As a side note, I **think** that the CSC is pretty "fast" [compared to other service centers, but that can change anytime] with the I-130s.

Caroline
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Old Nov 4th 2003, 2:27 pm
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Default Re: K3 visa from paris for nonresident USC - help please !

As far as I know, last time I emailed the Paris Embassy, I got an automated response telling me to call their hotline...Which is 15 Euros a call...
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