Need help and advice... Should I go for K3 or stay put with I-130?

[pushbrk 12,569]

Question :

"Grape Juice:

I-130 is filed and approved before I-129F is filed

I-130 goes to NVC and beyond and I-129F is rejected"

Does that rejection result into an automatic IR1/CR1 conversion?

I am not clear as to what happens after the "rejection". My I-130

got approved Sept 6, the I129-F was filed Sept 12, and nothing

yet has happened to that application.

There's no conversion really.

IR1/CR1 is IR1/CR1. K3 is K3.

You cant file K3 without a pending IR1/CR1

If your IR1/CR1 is approved then there's no pending IR1/CR1 anymore. Hence K3 rejected.

I hope I didnt confuse the matter even more.

Exactly correct, except you last line should refer to the petition, not the visa. Replace IR1/CR1 with I-130.

[pushbrk 12,569]

That's wishful thinking hoping I am not more confused than ever.

So if the K3 is not yet approved it means the IR1/CR1 is pending?

If the K3 is rejected, then it means the IR1/CR1 will be approved?

Still would like to know what happens if the I-129F is rejected or

as they said here before administratively closed.

Am I too slow to get it or what?

Perhaps this will help.

Filing an I-130 petition alone is intended to embark on an immigrant visa path. IR1 or CR1. What gets approved at USCIS is a petition, not a visa. An approved petition allows your relative to apply and interview for a visa.

Subsequent filing of an I-129F for spouse is intended to start an additional path toward a K3 visa. Once the "petition" is approved, your relative is able to apply and interview for a K3 visa.

In the beginning, both petitions are in the hands of USCIS. If you'll read my earlier post about apple pie etc. with the above basics in mind, you'll get an idea of the recent evolution in how USCIS has been handling the petitions. The supporting documentation for that explanation is the reading of thousands of posts from members reporting their own first hand experiences with the process and official documentation where available, not a link to official documents alone.

Your relative can't apply for a visa until and unless USCIS forwards the case file to NVC and NVC onward to a US Consulate abroad, so their changing policies and procedures are the gatekeeper to the end result.

Edited February 27, 2008 by pushbrk

[N360 0]

Hmmm. I wonder then, why Brazilian are fleeing/migrating to the US by the thousands.

rich doesn't mean respectful, and poor doesn't mean disrespectful

we're a poor country, but we treat our citizens with respect

for every thousand of brazilians who leave, there is a million who want to stay

I think that sometimes people forget that there's always been a long line at INS/USCIS and that we chose to be on this line. When the line is not moving fast enough or people are not being processsed the way we like it, we b*tch.

Long lines and time waits have NOTHING to do with what we're discussing here. K3s are being canceled with no justification or official statement, and that is our complain.

I chose to be on this line UNDER A K3 APPLICATION, which was avaliable at the time I filed, and I damn well am going to make them process it.

I wonder if we are forgetting that our spouses are not citizens or residents of this nation. That marrying US citizens doesnt grant them automatic "right" for entry.

Everyone knows that. But what does that have to do with the fact that USCIS is acting in dishonest manner to the US citizens who are the actual applicants for these visas, and whose taxes pays their salaries?

Yes its hard to be separated from your spouse but I knew it will be a long process beofre I married her. I also dont like that my K3 got cancelled but Im still grateful that I could bring my wife over.

If you just sat on your hands when your k3 was cancelled, that's your own problem. Sheep.

The US govt is doing NOTHING illegal.

And I bet you voted for Bush, too.

First you compare our govt to the government of Brazil and how so much better it is in Brazil because the Brazilian govt dont disrespect its citizens.

Forgive me for not agreeing with you that I am being disrespected by my own govt.

Now you're resolving to name calling?! Sheep? LOL

Yes my K3 was cancelled last January and yes I didnt do anything. But trust me, I was far from being a sheep. Look where my application is now. Just submitted 864 and about to send my IV bill payment. Im almost at the finish line baby!

Meanwhile, I really do hope that you submit I-129 application. And when or if it gets closed, I hope that you call USCIS, make a fuss, tell them to hold that approved I-130 because you want K3.

And for the record... I'm a solid Democrat. Voted for Clinton twice and voted for Hillary too.

[YOUTOO 2]

OK, the lightbulb finally came on. Thanks "lurking" and "Pushbrk"

for your exhaustive and in-depth help. Now I understand. Seems

my lawyer woke up as well, but he warns that going the IR1/CR1

way would mean another year of waiting. Plus another substantial

amount of cash, of course. Since I am about 2 weeks away from

the magical 180 days I guess I will sit it out and await what ( if

anything ) happens. Thanks to all of you so much. I wish I had

known about this site last year.

[Enlighten one :) 5]

You can start the process at the NVC with you I130/CR1. I have everything done except submitting the affidavite of support informaiton. I had just fired my lawyer. I am still waiting for him to return my documents. So far I have not started to delay the process of the I130. My ex lawyer is by taking is sweet time to deliver my documents. He is not to partial to my side of the family. LOL

Good Luck, Please let me know when you start requesting information on your K3. I do have to let you know that now that they have changed their way of processing the petitions. K3 petitions alone are taking longer, because they are pearing them up with the I130/CR1. So it is pushing the time pack for I129f's that stand alone.

that is why they are probably telling individuals with approved I130 that they are going to terminate it, so they more forward with the I129f/K3.

OK, the lightbulb finally came on. Thanks "lurking" and "Pushbrk"

for your exhaustive and in-depth help. Now I understand. Seems

my lawyer woke up as well, but he warns that going the IR1/CR1

way would mean another year of waiting. Plus another substantial

amount of cash, of course. Since I am about 2 weeks away from

the magical 180 days I guess I will sit it out and await what ( if

anything ) happens. Thanks to all of you so much. I wish I had

known about this site last year.

[YOUTOO 2]

My lawyer warns me not to to start the process at the NVC with the I130/CR1

at this point but wait for what happens to the I-129F. He says the new route

means another 12 months waiting time. 12 months? Say it's not so!

[pushbrk 12,569]

My lawyer warns me not to to start the process at the NVC with the I130/CR1

at this point but wait for what happens to the I-129F. He says the new route

means another 12 months waiting time. 12 months? Say it's not so!

It's not so. He just wants more fees for filing the I-129F and later the AOS paperwork. Check the timelines for CR1 in Japan before making any decision. I think you'll be pleased.

[Rocketta 0]

This has got to be one of the most confusing threads I've ever encountered.

[YOUTOO 2]

It's not so. He just wants more fees for filing the I-129F and later the AOS paperwork.

Check the timelines for CR1 in Japan before making any decision. I think you'll be pleased.

I am pleased indeed. He says dual track is not possible, so I am torn, if at this

part of the game, assuming ( maybe wrongly ) that something must happen

with the I-129F, I give him the signal and abandon the K-3 then there is no

way back and who knows what happens to the CR1 situation. This is a rather

unpleasant situation where no one knows exactly and everyone feels differently.

It should be a crime to subject people to all this uncertainness, considering the

fact that we finance this apparatus with our taxes. The last poster is spot on

with his remark "This has got to be one of the most confusing threads I've

ever encountered." March 12 marks my 6 month point of he unresolved I-129F.

I will stick it out until then before I decide to change venues. I can only hope

I am doing the right thing.

[pushbrk 12,569]

It's not so. He just wants more fees for filing the I-129F and later the AOS paperwork.

Check the timelines for CR1 in Japan before making any decision. I think you'll be pleased.

I am pleased indeed. He says dual track is not possible, so I am torn, if at this

part of the game, assuming ( maybe wrongly ) that something must happen

with the I-129F, I give him the signal and abandon the K-3 then there is no

way back and who knows what happens to the CR1 situation. This is a rather

unpleasant situation where no one knows exactly and everyone feels differently.

It should be a crime to subject people to all this uncertainness, considering the

fact that we finance this apparatus with our taxes. The last poster is spot on

with his remark "This has got to be one of the most confusing threads I've

ever encountered." March 12 marks my 6 month point of he unresolved I-129F.

I will stick it out until then before I decide to change venues. I can only hope

I am doing the right thing.

I hadn't looked at your timeline until now but you're in the same boat as "Lurking" in that your I-129F was filed (receipted) after your I-130 was approved. I don't understand why you didn't push that I-130 through NVC. Your wife could be here by now if you had.

[N360 0]

pushbrk was right YOUTOO, Your I-130 was approved back in September. Your wife could have been here by now.

Are you guys holding your I-130 petition from moving forward at NVC?

[YOUTOO 2]

If I had known what I know now......I am the old fashioned type: I don't

know how this works, so I hire an Immigration lawyer, thinking I am in

good hands. Then I fly to Japan, buy a house with my wife and spend

time doing Sudoku puzzles, waiting for everything to turn out as I have

been told. Well, that does not happen, s..... hits the fan, I am looking

for options, I find this website, I try to educate myself and now I know

better than what my "expert" lawyer tells me. But until a couple of days

ago I did not even understand the I-130 - CR1 connection. And now I

am unsure if I should throw the K-3 away and concentrate on the CR1.

Who can look into the future? Maybe tomorrow the I-129F will be approved.

As far as "are you holding the I-130 petition from moving forward at NVC"

this is something I can't answer. I need to find out where what is. But the

lawyer is becoming a bit resentful of all my inquiries and he knows I am

far away from him. It's a work in progress.

[N360 0]

If I had known what I know now......I am the old fashioned type: I don't

know how this works, so I hire an Immigration lawyer, thinking I am in

good hands. Then I fly to Japan, buy a house with my wife and spend

time doing Sudoku puzzles, waiting for everything to turn out as I have

been told. Well, that does not happen, s..... hits the fan, I am looking

for options, I find this website, I try to educate myself and now I know

better than what my "expert" lawyer tells me. But until a couple of days

ago I did not even understand the I-130 - CR1 connection. And now I

am unsure if I should throw the K-3 away and concentrate on the CR1.

Who can look into the future? Maybe tomorrow the I-129F will be approved.

As far as "are you holding the I-130 petition from moving forward at NVC"

this is something I can't answer. I need to find out where what is. But the

lawyer is becoming a bit resentful of all my inquiries and he knows I am

far away from him. It's a work in progress.

From what you posted on this thread, you might not have the K3 option.

You said your lawyer filed your I-129F after your I-130 was approved? Please see my other response. Goodluck

[Enlighten one :) 5]

That is exactly what happened to me. I thought that my k3 was filed in July. My lawyer was keeping the fact that he filed it late. I was not thinking about the process either. Until Divine started talking about her I129F/k3 petition visa being terminated because her I130 was closed. Then I started getting worried. So I called my lawyer, who was not returning me call or emails right away. Then is started to read more about peoples cases. i was getting excited because my I129F should be getting approved soon. then i realized the receipt date of my I129F petition was in Sept not July. The shirt hit the fan then.

You can do both up until the embassy. you have no choice to make right now. just move forward to the NVC. it take two months at the NVC. by then your I129F petition might be approved before it hits the embassy, if not you are almost done with the NVC.

I am going the K3 route. Even if they tell me I am "administratively closed" I am doing my homework. and preparing for the battle. So far everything looks good on my side. I have not met one problem other then "hear Say". I will worry if i see it in writing. The owe me a timely process its the law. If they tell me I can go For a k3 visa, i wait 6 months for it, while my I130 is already approved. With out any type of process law or policy. nope they can not do it.

If I had known what I know now......I am the old fashioned type: I don't

know how this works, so I hire an Immigration lawyer, thinking I am in

good hands. Then I fly to Japan, buy a house with my wife and spend

time doing Sudoku puzzles, waiting for everything to turn out as I have

been told. Well, that does not happen, s..... hits the fan, I am looking

for options, I find this website, I try to educate myself and now I know

better than what my "expert" lawyer tells me. But until a couple of days

ago I did not even understand the I-130 - CR1 connection. And now I

am unsure if I should throw the K-3 away and concentrate on the CR1.

Who can look into the future? Maybe tomorrow the I-129F will be approved.

As far as "are you holding the I-130 petition from moving forward at NVC"

this is something I can't answer. I need to find out where what is. But the

lawyer is becoming a bit resentful of all my inquiries and he knows I am

far away from him. It's a work in progress.

[Enlighten one :) 5]

. But the

lawyer is becoming a bit resentful of all my inquiries and he knows I am

far away from him. It's a work in progress.

Because he does not know anymore about what is going on then us. That is why he his putting up walls to prevent you from asking him more stuff he does not know the answer to. My lawyer did the same thing. His name isn't solomon is it?

The lawyer gives all the wrong to his assistant to do He takes your money. pays her 15 and hour to process 100 petitions a month. they mail things late, notify you of stuff late. They can not do it faster then us.

you do not need your lawyer to find out where your case is. Call the NVC to see if they have yourpetition. it is an automated system that uses your reciept number on your I130.