Legal Question in Immigration Law in New Jersey

Which visa is better, K-3 or CR-1? I know that the K-3 has more fees, but if it goes through faster it's worth the price.

Also, my wife and I (I'm US citizen she's UK) are together in the UK and we're not going to split up. Will that affect the application process at all?


Asked on 2/23/15, 5:37 am

2 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828.Kind regards, RDM

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Answered on 2/24/15, 1:23 pm
Ana Yngelmo YNGELMO LAW

Either way, you are required to start the process by filing Form I-130, Petition for Alien Relative, with the USCIS. Normally that petition is filed with USCIS in the U.S. If you currently live in the UK, you have the option of filing with the USCIS field office in London. When a resident of NJ files the petition in the U.S., it goes to the Vermont Service Center. The USCIS website indicates that they're taking about 5 months to process the petition (recently I've been receiving approvals in less time) and the NVC/Consulate take another 4 to 6 months to process the immigrant visa application, for a total of about 10 to 11 months from the initial filing with USCIS until the Consulate�s final decision. In your case, the wait time will depend on the current processing times at the London field office. I'm not sure how long they're taking; you should contact them to find out.

The K-3 process is supposed to go faster, but typically doesn�t. Regardless of whether you live in the U.S. or abroad, you must file Form I-129F with the USCIS Texas Service Center in the U.S. Right now, they're taking about 8 months to process the K-3 petition and the NVC/Consulate take another 4 to 6 months to process the nonimmigrant visa application.

Ultimately, it all depends on how the London field office is taking to process Form I-130, and how long the Consulate is taking to schedule immigrant visas. If they're processing them fairly quickly, then your best bet is probably to apply for the immigrant visa.

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Answered on 2/26/15, 7:43 am


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