Ray or William - Can you enlighten us on CR-1 vs K-3?

[Jeff S]

I have a friend asking me advice, and since I did a DCF many years ago, I know many things have changed. As I understand it, both are spousal visas after getting married overseas? One requires certification of IMBRA compliance? Do they both take the same amount of time? Equal amount of paperwork? Can you offer anything about the advantages/ disadvantages of each?

- Jeff

[william3rd]

CR1 is the old alien relative petition. File goes to NVC for fee billing and I864 verification after approval. Alien comes into the US on an immigrant visa with a green card "waiting." AOS Process, other than for a future 751, is done on arrival at the port of entry.

K3 allows for the entrance to the US of the spouse of a USC while waiting for the I130 to be approved.  K3 receipient is just here waiting for something to happen. Can file for AOS either with a new I130 OR when the I130 is approved.

[utopiacowboy]

The only real benefits to the K-3 as far as I am concerned were: 1) She could travel even while her AOS was pending without having to file for Advanced Parole; and 2) She could bring her three kids along for the cost of $100 each as K-4s. I didn't have the money to shell out for I-130s for all the kids but their K-4s gave me two years in which to file their I-130s and get their AOS.

[Ray]

To get a visa for your spouse, you need to submit Form I-130. After processing she will receive a CR-1 (or SR-1) immigrant visa.

The K-3 is optional if you are a US citizen. If you file for a K-3, you still file the I-130 first, then submit a Form I-129F for the K-3. After processing, she will receive a K-3 non-immigrant visa (unless the CR-1 gets processed first).

The big advantage of the K-3 was a shorter wait time before she could travel here, typically 6-9 months vs 9-12 months for the CR-1 immigrant visa. With recent changes in processing procedures, the time advantage is not always in play. Applying for a K-3 doesn’t necessarily stop the CR-1 processing. For some time a while back, spouses were getting the CR-1 approved while CIS was still diddling with the K-3 paperwork.

The visa processing overseas is almost identical.

The CR-1 requires a little bit more paperwork up front but less paperwork overall.

The initial fees for the K-3 are a little bit lower than for the CR-1, but with recent fee hikes I think the K-3 is quite a bit more costly overall.

With the CR-1, she arrives as a legal resident and her Green Card and SS card are mailed to her automatically. With the K-3, she has to (a) apply for adjustment of status after arrival or (b) wait for the I-130 processing and return home to get a CR-1 visa. Most all recipients of the K-3 choose to stay here and adjust status.

With the CR-1, since she has an interim Green Card on arrival at the airport, she can work right away as soon as she has her SS Number (2 weeks?). With a K-3, she must first apply for a work permit (60-90 days) or wait for her adjustment of status (6mos – 2 years?) before she can apply for a SS Card and work.

Depending on your state of residence, it may also be faster to get a driver’s license with a CR-1.

With a CR-1, she can apply for naturalization a little before she has been here for 3 years. With the K-3, she will have to wait for her adjustment of status first, then count 3 years before applying.

If she has children coming with her, as in cowboy’s case, it gets a little more complicated but the advantages/disadvantages are basically the same.

If you have previously filed for numerous K-1 fiancée petitions, have a criminal background, or beat up your previous wife, you may want to go for the CR-1 so you can skip the IMBRA requirements. 

Personally, all things considered, I would probably choose to skip the K-3 and wait a few more months for the CR-1.

Ray

[Jeff S]

Thanks - that helps.