Comments on the K-3 Situation

[Nita&Assaad 0]

Folks -

There has been ongoing threads about this being the case or not that once I-130 is approved, any pending K-3 is cancelled. Well, I was approved this past week on I-130 but unfortunately was also made aware that K-3 was cancelled. THIS DEVASTATED ME.

So it is a mixed bag of feelings. I was hoping the K-3 would go through so I could possibly be woth my wife in about 2-3 months instead of now maybe 6-8 months or so. For all with the arguments that it is now roughly the same wait times between the 2 processes, IT IS NOT. IT IS NOT. And for some countries, it is a huge difference 1 year or so which is a long time. I realize everyone has different patience thresholds and I respect that but for me/wife it is a long time. I am dreadind having the conversation with her that this just happened as I have told here springtime/early summer is when we would be united.

My question to anyone in this situation is that : Is there anything we as petitioners can do to Re-vive the K-3. I mean K-3 was ONLY created to alleviate and decrease these painful wait timelines so why are we moving backwards. USCIS is taking the easy way out again, to help thier own processes and using their rationale to tell us that

Take care all and look forward to some helpful feedback!

First Congrats on your Approval! I am happy for you!

I understand you on the cancellation of your K-3 Visa, this happened to us but before even our I-130 was approved.

We are still waiting on ours and we filed it way before you, we just keep getting touched but nothing.... Please be happy you have gotten this far... As you said everyone has different patience thresholds, but I am sure we all on this site have learned how to have more patience with this process. All I can say is try to write to your congressman or Senators and see if they can do something about it, but it's my understanding that once your I-130 is approved that there might not be anything to be done But never say never.

Good Luck

Nita

[Elbereth 0]

Folks -

There has been ongoing threads about this being the case or not that once I-130 is approved, any pending K-3 is cancelled. Well, I was approved this past week on I-130 but unfortunately was also made aware that K-3 was cancelled. THIS DEVASTATED ME.

So it is a mixed bag of feelings. I was hoping the K-3 would go through so I could possibly be woth my wife in about 2-3 months instead of now maybe 6-8 months or so. For all with the arguments that it is now roughly the same wait times between the 2 processes, IT IS NOT. IT IS NOT. And for some countries, it is a huge difference 1 year or so which is a long time. I realize everyone has different patience thresholds and I respect that but for me/wife it is a long time. I am dreadind having the conversation with her that this just happened as I have told here springtime/early summer is when we would be united.

My question to anyone in this situation is that : Is there anything we as petitioners can do to Re-vive the K-3. I mean K-3 was ONLY created to alleviate and decrease these painful wait timelines so why are we moving backwards. USCIS is taking the easy way out again, to help thier own processes and using their rationale to tell us that

Take care all and look forward to some helpful feedback!

This is just wrong. They shouldn't be allowed to do this.

Maybe you should consult with a lawyer and see what you can do in terms of legally forcing them to reopen your K3

[Elbereth 0]

Folks -

There has been ongoing threads about this being the case or not that once I-130 is approved, any pending K-3 is cancelled. Well, I was approved this past week on I-130 but unfortunately was also made aware that K-3 was cancelled. THIS DEVASTATED ME.

So it is a mixed bag of feelings. I was hoping the K-3 would go through so I could possibly be woth my wife in about 2-3 months instead of now maybe 6-8 months or so. For all with the arguments that it is now roughly the same wait times between the 2 processes, IT IS NOT. IT IS NOT. And for some countries, it is a huge difference 1 year or so which is a long time. I realize everyone has different patience thresholds and I respect that but for me/wife it is a long time. I am dreadind having the conversation with her that this just happened as I have told here springtime/early summer is when we would be united.

My question to anyone in this situation is that : Is there anything we as petitioners can do to Re-vive the K-3. I mean K-3 was ONLY created to alleviate and decrease these painful wait timelines so why are we moving backwards. USCIS is taking the easy way out again, to help thier own processes and using their rationale to tell us that

Take care all and look forward to some helpful feedback!

This is just wrong. They shouldn't be allowed to do this.

Maybe you should consult with a lawyer and see what you can do in terms of legally forcing them to reopen your K3

[Panki 0]

Folks -

There has been ongoing threads about this being the case or not that once I-130 is approved, any pending K-3 is cancelled. Well, I was approved this past week on I-130 but unfortunately was also made aware that K-3 was cancelled. THIS DEVASTATED ME.

So it is a mixed bag of feelings. I was hoping the K-3 would go through so I could possibly be woth my wife in about 2-3 months instead of now maybe 6-8 months or so. For all with the arguments that it is now roughly the same wait times between the 2 processes, IT IS NOT. IT IS NOT. And for some countries, it is a huge difference 1 year or so which is a long time. I realize everyone has different patience thresholds and I respect that but for me/wife it is a long time. I am dreadind having the conversation with her that this just happened as I have told here springtime/early summer is when we would be united.

My question to anyone in this situation is that : Is there anything we as petitioners can do to Re-vive the K-3. I mean K-3 was ONLY created to alleviate and decrease these painful wait timelines so why are we moving backwards. USCIS is taking the easy way out again, to help thier own processes and using their rationale to tell us that

Take care all and look forward to some helpful feedback!

This is just wrong. They shouldn't be allowed to do this.

Maybe you should consult with a lawyer and see what you can do in terms of legally forcing them to reopen your K3

I agree that they should not be able to do this. Leagally, morally, procedurally.....anyway you slice it, it is simply wrong.

FYI, I was told by my lawyer who had contacted USCIS. And she also had an email to that very effect. I am still trying to revive my K-3 so until I surrender to the I-130 (should be shortly), I will leave the timeline as is and only then update. I am just very frustrated with this whole thing. Right when me and my wife mentally prepare ourselves for a realistic timeline window, it gets blown by many many months.

Thanks - Surendra

[hheaven67 2]

I've been doing a lot of reading on USCIS & possibly will be sending this information onto Congressmen, Senators, White House, Office of the Inspector General, & the useless Ombudsman (worth a shot):

In the Adjudicator's Manual:

-nothing stated in the Administrative Cancellation of Certificates, Documents and Records

-Form I-129F, Petition for Alien Fiance states it is for when a petition for K-3 status based on an immigrant petition is filed by the same US citizen husband or wife

-no revised filing instructions of I-129F for K3/K4 visa (which is still being offered)

-the purpose of the I-129F form includes K3/K4 visas for petition

This all may be redundant but proves that everywhere I looked/searched, there is NO documentation...as stated in JustWaiting's posts regarding the K3 process. Wishing/praying for all of us in this predicament based on THEIR instructions!

jen

[trekkin2k7 0]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

I filed I-130 back in May 2007, approved in Sept 2007 and my wife just had her interview a month ago, in Feb 2008. I also filed K-3 (I-129f), priority date was July 11 '07, and it just got approved right before the I-130 interview was scheduled. (the interview did NOT produce a Visa, my wife has been going back and forth for past month, producing documents to the Embassy that they are asking for, per 221(g)). Anyway, the I-129f got approved on Jan 31, 2008 (says that it is good thru May 30, 2008).

So I don't know what to do now, should we go ahead and submit the documents the Embassy is asking for on the I-129f? They are asking for filled out DS-156, DS-157, copy of letter from NVC, and a passport type recent photo...what do you think our chances are that my wife can get the K-3 Visa, although they are being sticklers on the CR-1 Visa? Would that work, can we go ahead and pursue this, in hopes of getting the Non-Immig Visa sooner?? Or just wait it out and hope they will eventually issue the CR-1 to my wife??

BTW, the Embassy is in Syria.

Thanks for your help, if anyone can advise here...

[Panki 0]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

I filed I-130 back in May 2007, approved in Sept 2007 and my wife just had her interview a month ago, in Feb 2008. I also filed K-3 (I-129f), priority date was July 11 '07, and it just got approved right before the I-130 interview was scheduled. (the interview did NOT produce a Visa, my wife has been going back and forth for past month, producing documents to the Embassy that they are asking for, per 221(g)). Anyway, the I-129f got approved on Jan 31, 2008 (says that it is good thru May 30, 2008).

So I don't know what to do now, should we go ahead and submit the documents the Embassy is asking for on the I-129f? They are asking for filled out DS-156, DS-157, copy of letter from NVC, and a passport type recent photo...what do you think our chances are that my wife can get the K-3 Visa, although they are being sticklers on the CR-1 Visa? Would that work, can we go ahead and pursue this, in hopes of getting the Non-Immig Visa sooner?? Or just wait it out and hope they will eventually issue the CR-1 to my wife??

BTW, the Embassy is in Syria.

Thanks for your help, if anyone can advise here...

My personal opinion is that you are so close to I-130/CR-1 keep at that and forget the K-3. In my case, my I-130 just got approved recently so a long way to go for me. So if I can ge the k-3 revived, it is worth it for me. My 2 cents.

Bye

[pushbrk 12,824]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

I filed I-130 back in May 2007, approved in Sept 2007 and my wife just had her interview a month ago, in Feb 2008. I also filed K-3 (I-129f), priority date was July 11 '07, and it just got approved right before the I-130 interview was scheduled. (the interview did NOT produce a Visa, my wife has been going back and forth for past month, producing documents to the Embassy that they are asking for, per 221(g)). Anyway, the I-129f got approved on Jan 31, 2008 (says that it is good thru May 30, 2008).

So I don't know what to do now, should we go ahead and submit the documents the Embassy is asking for on the I-129f? They are asking for filled out DS-156, DS-157, copy of letter from NVC, and a passport type recent photo...what do you think our chances are that my wife can get the K-3 Visa, although they are being sticklers on the CR-1 Visa? Would that work, can we go ahead and pursue this, in hopes of getting the Non-Immig Visa sooner?? Or just wait it out and hope they will eventually issue the CR-1 to my wife??

BTW, the Embassy is in Syria.

Thanks for your help, if anyone can advise here...

My personal opinion is that you are so close to I-130/CR-1 keep at that and forget the K-3. In my case, my I-130 just got approved recently so a long way to go for me. So if I can ge the k-3 revived, it is worth it for me. My 2 cents.

Bye

Not only is that the best course of action but once the Consulate figures out the I-130 and I-129F are for the same visa applicant they are required to stop action on the I-129F anyway. You cannot be issued a K3 visa when an immigrant visa is immediately available. The State Department interprets immediate availability as the I-130 is on station. Somebody hasn't done their job right. You want that CR1 visa anyway.

[MsZ 6]

What were the statistics at the time for the difference between the K-3 and the CR-1? I'm curious because I thought I remembered being told (here) that even prior to the July influx of applicants that the two paths were approaching one another in the amount of time it took for approval.

In our case, we went back and forth trying to decide which to go for but in the end, the ability to work and travel straightaway won out over living together so we went for the CR-1. And having to go through Montreal for the interview is what adds the most time to the process for us. It isn't the USCIS process or the bulk of the NVC paperwork. It is the time to schedule the interview.

[Elbereth 0]

the times might be similar at USCIS, but at NVC and at the consulate, they differ greatly

[pushbrk 12,824]

the times might be similar at USCIS, but at NVC and at the consulate, they differ greatly

Right and there really have been no changes of note in the process after USCIS petition approval.

[trekkin2k7 0]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

I filed I-130 back in May 2007, approved in Sept 2007 and my wife just had her interview a month ago, in Feb 2008. I also filed K-3 (I-129f), priority date was July 11 '07, and it just got approved right before the I-130 interview was scheduled. (the interview did NOT produce a Visa, my wife has been going back and forth for past month, producing documents to the Embassy that they are asking for, per 221(g)). Anyway, the I-129f got approved on Jan 31, 2008 (says that it is good thru May 30, 2008).

So I don't know what to do now, should we go ahead and submit the documents the Embassy is asking for on the I-129f? They are asking for filled out DS-156, DS-157, copy of letter from NVC, and a passport type recent photo...what do you think our chances are that my wife can get the K-3 Visa, although they are being sticklers on the CR-1 Visa? Would that work, can we go ahead and pursue this, in hopes of getting the Non-Immig Visa sooner?? Or just wait it out and hope they will eventually issue the CR-1 to my wife??

BTW, the Embassy is in Syria.

Thanks for your help, if anyone can advise here...

My personal opinion is that you are so close to I-130/CR-1 keep at that and forget the K-3. In my case, my I-130 just got approved recently so a long way to go for me. So if I can ge the k-3 revived, it is worth it for me. My 2 cents.

Bye

Not only is that the best course of action but once the Consulate figures out the I-130 and I-129F are for the same visa applicant they are required to stop action on the I-129F anyway. You cannot be issued a K3 visa when an immigrant visa is immediately available. The State Department interprets immediate availability as the I-130 is on station. Somebody hasn't done their job right. You want that CR1 visa anyway.

If that's the case I wonder what the purpose of the K-3 is anyway, if they just throw it out, when it was really intended to expedite a visa so families can be re-united, while waiting for the CR-1 to be issued.....??

[pushbrk 12,824]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

I filed I-130 back in May 2007, approved in Sept 2007 and my wife just had her interview a month ago, in Feb 2008. I also filed K-3 (I-129f), priority date was July 11 '07, and it just got approved right before the I-130 interview was scheduled. (the interview did NOT produce a Visa, my wife has been going back and forth for past month, producing documents to the Embassy that they are asking for, per 221(g)). Anyway, the I-129f got approved on Jan 31, 2008 (says that it is good thru May 30, 2008).

So I don't know what to do now, should we go ahead and submit the documents the Embassy is asking for on the I-129f? They are asking for filled out DS-156, DS-157, copy of letter from NVC, and a passport type recent photo...what do you think our chances are that my wife can get the K-3 Visa, although they are being sticklers on the CR-1 Visa? Would that work, can we go ahead and pursue this, in hopes of getting the Non-Immig Visa sooner?? Or just wait it out and hope they will eventually issue the CR-1 to my wife??

BTW, the Embassy is in Syria.

Thanks for your help, if anyone can advise here...

My personal opinion is that you are so close to I-130/CR-1 keep at that and forget the K-3. In my case, my I-130 just got approved recently so a long way to go for me. So if I can ge the k-3 revived, it is worth it for me. My 2 cents.

Bye

Not only is that the best course of action but once the Consulate figures out the I-130 and I-129F are for the same visa applicant they are required to stop action on the I-129F anyway. You cannot be issued a K3 visa when an immigrant visa is immediately available. The State Department interprets immediate availability as the I-130 is on station. Somebody hasn't done their job right. You want that CR1 visa anyway.

If that's the case I wonder what the purpose of the K-3 is anyway, if they just throw it out, when it was really intended to expedite a visa so families can be re-united, while waiting for the CR-1 to be issued.....??

My wife came here from China on a K3 visa 18 months ago and saved as much as 6 months.

Today, the K3 is dead....until some later date potential resurrection.

Really K3 is currently worse than dead in that if you try to get one, the CR1 visa you eventually end up with will likely be delayed by at least as much time as the difference between I-130 NOA1 and I-129F NOA1 dates.

[N360 0]

My wife came here from China on a K3 visa 18 months ago and saved as much as 6 months.

Today, the K3 is dead....until some later date potential resurrection.

Really K3 is currently worse than dead in that if you try to get one, the CR1 visa you eventually end up with will likely be delayed by at least as much time as the difference between I-130 NOA1 and I-129F NOA1 dates.

Yeah I wish I knew this sad little fact six months ago.

[visaveteran1 33]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

I filed I-130 back in May 2007, approved in Sept 2007 and my wife just had her interview a month ago, in Feb 2008. I also filed K-3 (I-129f), priority date was July 11 '07, and it just got approved right before the I-130 interview was scheduled. (the interview did NOT produce a Visa, my wife has been going back and forth for past month, producing documents to the Embassy that they are asking for, per 221(g)). Anyway, the I-129f got approved on Jan 31, 2008 (says that it is good thru May 30, 2008).

So I don't know what to do now, should we go ahead and submit the documents the Embassy is asking for on the I-129f? They are asking for filled out DS-156, DS-157, copy of letter from NVC, and a passport type recent photo...what do you think our chances are that my wife can get the K-3 Visa, although they are being sticklers on the CR-1 Visa? Would that work, can we go ahead and pursue this, in hopes of getting the Non-Immig Visa sooner?? Or just wait it out and hope they will eventually issue the CR-1 to my wife??

BTW, the Embassy is in Syria.

Thanks for your help, if anyone can advise here...

My personal opinion is that you are so close to I-130/CR-1 keep at that and forget the K-3. In my case, my I-130 just got approved recently so a long way to go for me. So if I can ge the k-3 revived, it is worth it for me. My 2 cents.

Bye

Not only is that the best course of action but once the Consulate figures out the I-130 and I-129F are for the same visa applicant they are required to stop action on the I-129F anyway. You cannot be issued a K3 visa when an immigrant visa is immediately available. The State Department interprets immediate availability as the I-130 is on station. Somebody hasn't done their job right. You want that CR1 visa anyway.

If that's the case I wonder what the purpose of the K-3 is anyway, if they just throw it out, when it was really intended to expedite a visa so families can be re-united, while waiting for the CR-1 to be issued.....??

My wife came here from China on a K3 visa 18 months ago and saved as much as 6 months.

Today, the K3 is dead....until some later date potential resurrection.

Really K3 is currently worse than dead in that if you try to get one, the CR1 visa you eventually end up with will likely be delayed by at least as much time as the difference between I-130 NOA1 and I-129F NOA1 dates.

What is the key date on an NOA...the notice date or the priority date? What is the difference?