K-3 vs. CR-1 visas -- can you do both?

Our I-130 was approved and we are are told that this is unusual (in that it was approved before the K-3).  We are told it is faster to continue the CR-1 visa process in order for my UK spouse to come into the U.S. with a green card than if he were to come in on a K-3 and then apply for the right to work.  However, we were also told we can continue BOTH applications. So, my question is:  Can he enter the U.S. on the K-3 visa and then leave and come back in the with CR-1 once it is approved?  That might mean he would be here for Christmas rather than waiting the 5 months or so for the CR-1?  So, can he???  Thanks for your insights.

I have no idea. What I can say though it that - if you've done the process as decribed in the Comprehensive DCF Timeline thread (specifically that you filed the !-130 and the DS-230 at the same time) it takes 3 months. At least, it has for almost everybody I've known to go through the process.

Can I ask why you started both procedures? Is it to get to the States as fast as possible? I'm slightly confused about why you'd be going through both avenues.

Hi.  Thanks for your response. I'm sorry I didn't introduce myself. I have never used a forum before and didn't understand the etiquette.  John and I were living in England (I on a work permit) and decided to use U.S. immigration attorneys because we simply wanted to be sure we didn't screw up the application process. We used Holmes and Lolly (who have a 100% success rate, according to their website). I had to move back to the U.S. for work before we filed anything. We got married AFTER I moved back, as the attorneys said that fiance visas were taking so much longer than spousals.  That was true late lasts year, at least. We got married in the U.S. on 1/30/04 and John went back to work in the U.S.  So... they first filed the I-130 receipted 2/27/04 and immediately followed it with an I-129F filing receipted 3/17/04.  Now they tell us it is really unusual for the I-130 to be approved so quickly (which is why the K-3 visa was created, I'm told).  However, since the NSC has  virtually stopped processing these apps this summer the I-130 made it through first, probably because it was transfered to the Laguna Niguel for processing. However, our lawyers think he will still get the spousal first because it simply takes less time once approved to get the interview, etc.  I don't know it that's true or not.

Honestly, we would just wait for the I-130 -- we surely understand it is Olympic gold -- but it would be so nice for him to be able to join me and my family for Christmas this year and his birthday is Boxing Day.  So, we thought it would be prudent to let both applications continue to run and see what gets him here first.  If he can come for a visit on the K3, he would happily return to England to interview and get the CR-1 whenever.  I guess it is a good thing that we are on track for both, but don't really get it myself.  So any insights would be appreciated.  From reading other posts it seems he must get separate medicals and interview separately for each visa.  Is this another case where the left hand doesn't know what the right is doing in the USCIS?

Thanks for taking the time to read this.  Cheers, Lonely Linda

Hiya Linda,

This really DOES sounds like yet another case of the USCIS's left hand not knowing what the right hand is doing, as you said.

Its 3 am here so your last post seems a bit fuzzy to me. Please forgive me if Im asking you to repeat information youve already posted.

From the sounds of your last post Im guessing that you were legally resident in the UK when the I-130 was filed and that it was filed by DCF through the US Embassy in London. After the petition was filed it sounds like you left the UK to go back to work in the USA. After that the I-130 came back approved. Right?

If thats so, regardless of what your K-3 status is, you should persue the approved I-130. Your part of the visa application is now complete. Your husband needs to file a DS-230 via the US Embassy in London. When they recieve his DS-230 and the checklist completed, they will arrange for an interview date. At the interview he will be given his CR-1 visa which will allow him to enter the US to recieve his Green Card.

Why you also persued the K-3 I have no idea. K-3 and CR-1 are the same and require the same petition from you, but are filed on different soil. K-3s are for US based petitions and CR-1s are for UK based petitions. Your just duplicating work and handing over way more money than you ever needed to.

It also sounds like you think if you continue down the path of the K-3 that your husband will be able to visit you in the US before he gets his visa. ANY travel to the US while an application is pending will almost always result in rejection at boarder control. This is true for both K-3 and CR-1 visa applications. Until he has the actual visa in hand he'll likely be sent back to the UK, no questions asked. There is only one case I have personally heard of where US boarder control allowed a UK citizen to visit the US while their visa application was pending and that was due to the fact that their father-in-law was on his deathbed. Even then the UK citizen had to carry with him evidence that he had a return ticket, a job to return to and other obligations in the UK before they would allow him in.

Im afraid that once you have applied you'll be seperated until the visa interview has happened and the visa is in hand.

In my best advice, though Im no lawyer mind you, Id continue with the CR-1. It is the most direct path and its already half way completed. You'll likely get it sorted before christmas time so you'll both be together. I wouldnt hand over any more money for the K-3.

Hope that helps. Sorry if my post its sketchy. Its late

Take care and good luck with whatever path you choose.
Sarah