ian-mstm

There are two routes available to you now - the CR-1 (immigrant visa) and the K-3 (non-immigrant visa but with immigrant intent). Both take about the same time (although the CR-1 take about a month or two longer) and they each have their pros and cons.

Paperwork-wise, both the CR-1 and K-3 visas start with your spouse submitting form I-130 and relevant backup documents. If she files nothing else after the I-130 is approved, you'll be on the CR-1 route. If after the I-130 is approved, she files form I-129F, you'll be on the K-3 route.

With the K-3 you will get a visa that allows you to enter the US and, once inside the US, start the process to adjust your status to a US permanent resident. You will be required to *reapply* for authorization to work, although you can use the K-3 visa to travel outside the US for up to two years. Considering the "overstay" issue though, I wouldn't recommend travel however.

With the CR-1, you will get a visa that allows you to enter the US and *at the port of entry* you will immediately become a US PR with no further paperwork required for at least 2 years! You are eligible to work from day one, and travel freely outside the US with no other issues. The CR-1 route is definitely more cost-effective!

The CR-1 route is less expensive overall but, as mentioned before, it means an extra month or two separation. Still, many people believe that those extra two months are definitely worth the wait... something about short-term pain for long-term gain! Personally, I agree.


If you don't show up for the interview based on the original application, it will be deemed abandoned and your case will be closed. Still, your wife might want to contact USCIS to let them know she's withdrawing the original application in favor of a new one. I've never done this myself, but I've heard that USCIS prefers to know about such situations so they don't bother doing all the paperwork for nothing.

Ian

scrubbedexpat099

I thought CR1 and K3 is about the same, making K3 effectively redundant.

I did a K1 myself, much nicer not having to adjust, save the hassle and cost.

ian-mstm

They are about the same time-wise, but there really are some significant differences.


I also did a K-1... but since the OP is already married, his choices are limited.

Ian

meauxna

I wonder if they can recycle the already-filed I-130 with an I-824 change of action form? And ask for Consular Processing. They lose the AOS fees already paid, but it would save about $400 and maybe some processing time??

Folinskyinla

Hi:

Not a bad question.

However, I see one big FUBAR of CF proportions here. Saving some $$ might be the last thing he might want to consider if it means being penny wise and pound foolish. [Apologies for mixing the currencies].

[On the road in Alaska -- business this time].

meauxna

How is it? I turned down a long-term gig up there and have always wondered if I should regret it (probably wouldn't be married now if I had, so there is that...)

scrubbedexpat099

Is that a positive or negative?

meauxna

All things considered, I would still rather have him than a grizzly bear.