When is K-3 canceled in favor of CR-1?

[sqtb 0]

As I understand, both NVC and the Embassy will normally cancel the K-3 if the CR-1 is approved.

I would like to know when exactly that happens. In my case, NVC has already sent the K-3 file to the Embassy and the K-3 interview has been scheduled for July 10. The only thing remaining at the NVC is the DS-230. So I am wondering if I should send the DS-230 now, or if I should wait until after July 10.

If I send it now, and NVC does Case Complete before July 10, will they tell the Embassy to cancel the K-3? Or will they simply forward the CR-1 file to the Embassy and if the Embassy gets it before July 10 then the Embassy will cancel the K-3?

Basically, I don't want the K-3 to get canceled!

[miker32us 6]

I am interested in learning more about this cancellation process too. CSC approved my I-130 but made an error in approving it and assumed my wife is already in the US, which she is not. CSC requested that I fill out the I-824 and pay another $200 to correct their mistake, which I did. I do not want NVC cancelling the K-3 since it might take several additional months for the I-824 to be processed by CSC and my I-130 package to be sent to NVC. Does anyone know how NVC would know an I-130 was approved if it never got to NVC?

As I understand, both NVC and the Embassy will normally cancel the K-3 if the CR-1 is approved.

I would like to know when exactly that happens. In my case, NVC has already sent the K-3 file to the Embassy and the K-3 interview has been scheduled for July 10. The only thing remaining at the NVC is the DS-230. So I am wondering if I should send the DS-230 now, or if I should wait until after July 10.

If I send it now, and NVC does Case Complete before July 10, will they tell the Embassy to cancel the K-3? Or will they simply forward the CR-1 file to the Embassy and if the Embassy gets it before July 10 then the Embassy will cancel the K-3?

Basically, I don't want the K-3 to get canceled!

[Lahoreee 0]

sqtb i think the k-3 does not get cancelled until the CR-1 case is forwarded to the embassy...someone else might be able to add more

[aussiewench 9]

As I understand, both NVC and the Embassy will normally cancel the K-3 if the CR-1 is approved.

I would like to know when exactly that happens. In my case, NVC has already sent the K-3 file to the Embassy and the K-3 interview has been scheduled for July 10. The only thing remaining at the NVC is the DS-230. So I am wondering if I should send the DS-230 now, or if I should wait until after July 10.

If I send it now, and NVC does Case Complete before July 10, will they tell the Embassy to cancel the K-3? Or will they simply forward the CR-1 file to the Embassy and if the Embassy gets it before July 10 then the Embassy will cancel the K-3?

Basically, I don't want the K-3 to get canceled!

Why would you not want the K-3 to get cancelled when you only have the DS-230 left to go at NVC. Im interested in your thinking on this considering that the CR-1 would mean no adjustment of status and is the green card. Why would you be worried and not want the K-3 cancelled if the NVC completed your case and forwarded the I-130 etc to the consulate prior to the K-3 interview and thus it was cancelled. Very curious.

[meauxna 15]

Basically, I don't want the K-3 to get canceled!

Uh.... Why?

[bradentejas 0]

Basically, I don't want the K-3 to get canceled!

I hope I have a problem like this!!!! GEEEE....which Visa should we take todayyy????? hahaha

[Isabel 0]

Basically, I don't want the K-3 to get canceled!

I hope I have a problem like this!!!! GEEEE....which Visa should we take todayyy????? hahaha

yea no kidding. which one should we go for . Well I am also curious why you are worried about the K3 when you just have the ds230 left for the IMMIGRATION visa. A few weeks more or less dont really count, or am I mistaken? Well at least my opinion.

greets Isabel

[joej 0]

You can go ahead and send in the DS-230 for the Cr1 visa and go to the K3 apointment as well. Just sending in the DS-230 will not cancell out your K3 apointment. I understand why you may not want your K3 to be cancelled, since it is hard to tell when a Cr1 apointment may be, but it may be worth it when you consider how long the AOS is taking these days in the states.

For my husband the Cr1 was quicker and both apointments were eventually scheduled, but we abandoned the K3.

[sqtb 0]

Whee...seems like a lot of people are wondering why I don't want the K-3 canceled.

Well, the deal is that we already made travel plans, and planned several other things around the K-3. If the CR-1 goes to the Embassy, they will cancel the K-3 and then who knows how long the Embassy will take to schedule the CR-1 interview (the K-3 interview was scheduled 2 months after the Embassy received the K-3 file from NVC). So at this point, we do not want to wait another 3 months for the CR-1.

We would rather get the K-3 and then have my wife fly back for the CR-1 interview whenever that is. That way, we will also avoid the AOS #######.

So now...my question again: When does the K-3 get canceled? :-)

Thanks!

As I understand, both NVC and the Embassy will normally cancel the K-3 if the CR-1 is approved.

I would like to know when exactly that happens. In my case, NVC has already sent the K-3 file to the Embassy and the K-3 interview has been scheduled for July 10. The only thing remaining at the NVC is the DS-230. So I am wondering if I should send the DS-230 now, or if I should wait until after July 10.

If I send it now, and NVC does Case Complete before July 10, will they tell the Embassy to cancel the K-3? Or will they simply forward the CR-1 file to the Embassy and if the Embassy gets it before July 10 then the Embassy will cancel the K-3?

Basically, I don't want the K-3 to get canceled!

Why would you not want the K-3 to get cancelled when you only have the DS-230 left to go at NVC. Im interested in your thinking on this considering that the CR-1 would mean no adjustment of status and is the green card. Why would you be worried and not want the K-3 cancelled if the NVC completed your case and forwarded the I-130 etc to the consulate prior to the K-3 interview and thus it was cancelled. Very curious.

[meauxna 15]

OK, that makes sense

A lot of people don't plan as well as you do!

The K-3 is cancelled when the IV file gets to the Consulate. That won't happen before you are "case complete" at the NVC.

Happy travels!

[Artegal 1]

Here is the way I understand how this works--as this is how it worked in my case. I went the K3 route. My I-130 was approved at the TSC in like 1 month. Then the I-130 sat at the NVC for 4 months. The day that my I-130 was forwarded to the Embassy--is the same day that CSC approved my I-129F.

The I-130 arrived at the Embassy and within a week the I-129F arrived also. The Embassy called my wife and told her that there were two visas available. The consular stated that the K-3 is an inferior visa and will not be processed. And was that okay? My wife said yes.

On the day of the interview at the Embassy we were called to the non-immigrant window--the consular showed us both folders: I-130 and I-129F. She restated that the K-3 (I-129F) is an inferior visa and that it would not be processed and was that okay? We said sure. She then walked the I-130 over to the immigrant visa window, and later we were called and the second consular stated yet again that we had two visa available and that the I-129F is an inferior visa--and that the CR-1 was being processed.

The NVC didn't make a decision on cancelling the visa--the Embassy consular made the decision.

[Yodrak 7]

sqtb,

The K3 application process will be cancelled, as meauxna writes, when the consulate realizes that there is an approved I-130 petition and cancels it.

Having made those travel plans, I hope there are no issues with the K3 visa application. Strange things can happen. In my wife's case, there was a delay in approving her and her son's K visas because the Panel Physician had neglected to answer the 2 questions about pregnancy on the boy's physical exam form. It took 1 day to correct the problem, but due to unusual circumstances 2 more weeks for the consulate to issue the visas. We'd allowed for 5 days of delay in making our travel plans. It wasn't enough.

Yodrak

Whee...seems like a lot of people are wondering why I don't want the K-3 canceled.

Well, the deal is that we already made travel plans, and planned several other things around the K-3. If the CR-1 goes to the Embassy, they will cancel the K-3 and then who knows how long the Embassy will take to schedule the CR-1 interview (the K-3 interview was scheduled 2 months after the Embassy received the K-3 file from NVC). So at this point, we do not want to wait another 3 months for the CR-1.

We would rather get the K-3 and then have my wife fly back for the CR-1 interview whenever that is. That way, we will also avoid the AOS #######.

So now...my question again: When does the K-3 get canceled? :-)

Thanks!

Edited June 28, 2006 by Yodrak

[zixuandavid 0]

The k3 is not necessarily cancelled in the way that maybe most are thinking...

If the CR1 gets to post, then the two cases are combined, and the CR1 becomes the default [visa issuing] case, unless they are told otherwise. Meaning, after they are combined, if one asked at the interview to be issued the K3 instead, the consulate can do that...

Edited June 29, 2006 by zixuandavid

[sqtb 0]

hmm. But then they will re-schedule the K-3 appointment, correct? Because they will send the Packets for the CR-1, and whatever else is involved.

The k3 is not necessarily cancelled in the way that maybe most are thinking...

If the CR1 gets to post, then the two cases are combined, and the CR1 becomes the default [visa issuing] case, unless they are told otherwise. Meaning, after they are combined, if one asked at the interview to be issued the K3 instead, the consulate can do that...

[aussiewench 9]

The k3 is not necessarily cancelled in the way that maybe most are thinking...

If the CR1 gets to post, then the two cases are combined, and the CR1 becomes the default [visa issuing] case, unless they are told otherwise. Meaning, after they are combined, if one asked at the interview to be issued the K3 instead, the consulate can do that...

I would be interested to know where you seen this information or how you came to this conclusion.

The K-3 visa is only for the purpose to be able to enter the US to await the approval of an I-130 and to persue the immigrant process once one has entered the US. If an approved I-130 reaches the consulate post prior to a K-3 interview it completely overrides the approved I-129F and the applicant will be processed for the CR-1 immigrant visa. If you do a search on the various US Consulate sites you will also note this stated.

Edited June 29, 2006 by aussiewench