Important notice about k3 visa

[tigerlily 0]

Wow!

I wonder...will this affect our wait time...'cause the whole POINT was to get him here faster!!

You are only one day ahead of us. I am waiting till end of the month to receive our NOA2. It will be our fourth month waiting. While waiting we have already prepared documents needed to present to my embassy for my interview. In that case I will not be under pressured. I have 2 sets of folders, one original and the other photocopy.

[Christi and Ian 24]

You are only one day ahead of us. I am waiting till end of the month to receive our NOA2. It will be our fourth month waiting. While waiting we have already prepared documents needed to present to my embassy for my interview. In that case I will not be under pressured. I have 2 sets of folders, one original and the other photocopy.

We kind of got the worst of both worlds here - we had to wait longer @ the service center because we had to do 2 petitions...now we'll be at NVC longer because of assembling all of the paperwork/paying the fees, etc...

I took all original documents with me on my trip to England, thinking hubby would need them for his interview...now I need them back so they'll be ready go to when NVC gets our case...

But, you know, ultimately, I think I'm rather okay with this...

[jessarien 0]

Hello all

I am a VJ Virgin so please be gentle with me

I have read the important notice and cant seem to figure out exactly what is going on.

My situation is as such I am a naturalized US citizen and got married in Pakistan this past Nov 2009. On Feb 1st 2010 the Chicago office received my application I submitted for my wife's K3 visa.

I checked this morning and the check has cleared, I am assuming they have accepted my application. I have not received the NOA yet but figure it will be here some this upcoming week.

So I have two questions I would love answers or direction for

1 - Them cashing my check does that mean my application has been accepted and they will start processing it?

2 - How does this new "Rule\Process" impact my K3 application for my wife. Do I still send in the I-129F once I get the NOA1 for my I130 or do I need to follow a different route.

I would be grateful if someone could decipher all this for me into layman's term.

Thanks in advance for everyones help.

What this notice means in that if you file an I 130(in which the Beneficiary spouse gets an immigrant visa and becomes a Permanent resident once he or she comes to the USA) , which is for an IR1 visa, and subsequently file for a I 129f , which is for a k3 visa( A visa category created following which process the beneficiary comes to the US on a Non immigrant visa and completes the process of getting a Green Card after coming over here)....... and both of your applications get approved at the same time, and the NVC recieves them on the same day, then your I 129F , will be considered closed and you will have to follow the process to get your spouse an IR1 visa .

The reason why K3 was created was because some time back it would take a long time for the I 130 to be processed. So K3 was created , which was processed much faster and your spouse could come over to the states quicker and finish the process towards becoming a permanent resident here. Now that both I 130 and I 129f `s are essentially being completed at the same time, the NVC has decided to do what they say in the notice.

I hope I have been able to explain it to you. :-)

[mrs. wife! 3]

You are only one day ahead of us. I am waiting till end of the month to receive our NOA2. It will be our fourth month waiting. While waiting we have already prepared documents needed to present to my embassy for my interview. In that case I will not be under pressured. I have 2 sets of folders, one original and the other photocopy.

Just make sure that if you end up doing cr1, you won't have the interview until you send all the documents to the NVC. Only after that they will set the interview date at your embassy. I advice you to get "plan B" ready as well!

Check the documents you need to send to NVC if that would be the case. For example the affidavit is not I-134, it's the I-864 instead.

[tigerlily 0]

Hello, I am going through this process now. My I130 was entered into NVC a day before the I129F. I called and spoke to a customer service person in the K3 department and she said they were entering the information in their system and sending it off t the consulate. I asked her what about the I130? She said once I receive any papers from them about the I130 I would call them and let them know I want to go K3. I am not sure if she missed the new rules or since my petitions were not entered into the system the same day it does not apply to me but, there are 3 children involved so I hope what she said was correct. No I did not file I130's for the kids because my lawyer said I didn't have to. Wish I knew then what I know now. If anyone has some more information on this new rule change I would love to hear it.

My son is 20 years old and will turn 21 on July 2010. I want him to go with me thru k4 visa as my derivative. CR1 is more advantageous than k3. It cost less and can enjoy the benefit of being a green card holder. I was advised here by our embassy to file I-130 for him. My husband called USCIS. He defined a stepson who is 18 years at the time we got married. We agreed that as soon as I get my k3 and his k4, he will file his I-130 so he can adjust his status. Once I adjust my status, his k4 dies also. I am sad to hear if NVC will process my CR1 instead of my K3. It takes 5 years to petition my children. I hope that we will be given a choice which visa we preferred.

[tigerlily 0]

Just make sure that if you end up doing cr1, you won't have the interview until you send all the documents to the NVC. Only after that they will set the interview date at your embassy. I advice you to get "plan B" ready as well!

Check the documents you need to send to NVC if that would be the case. For example the affidavit is not I-134, it's the I-864 instead.

I have prepared documents listed here and what our embassy requires. What is pending is my local police clearance that expires every 30 days and the affidavit of support. My husband has already gathered his papers for support. He has prepared both affidavit of support. He will send to me which will be required by my embassy and NOA2. I still prefer k3 visa so I can take my son with me who will turn 21 years old on July 2010.

[tigerlily 0]

We kind of got the worst of both worlds here - we had to wait longer @ the service center because we had to do 2 petitions...now we'll be at NVC longer because of assembling all of the paperwork/paying the fees, etc...

I took all original documents with me on my trip to England, thinking hubby would need them for his interview...now I need them back so they'll be ready go to when NVC gets our case...

But, you know, ultimately, I think I'm rather okay with this...

My husband and I have original documents. I requested 2 authenticated birth certificates, marriage certificates and annulment papers. I sent one copy to him and photocopy. We accomplished 3 sets of I-130, 1-129F and G-325. One set sent to USCIS and the other sets to us. Whatever original document we cant have, we photocopy it so have it. What I am waiting for him to send me is NOA2 and affidavit of support.

I told my husband to stop looking at the updates. He will receive email or text message from USCIS. We cant help it. The moment we are at the computer, we still look at the updates. Its the longest wait I ever had. I know our time is becoming shorter as we wait for our NOA2. One day without news is one day shorter for approval.

[Christi and Ian 24]

My husband and I have original documents. I requested 2 authenticated birth certificates, marriage certificates and annulment papers. I sent one copy to him and photocopy. We accomplished 3 sets of I-130, 1-129F and G-325. One set sent to USCIS and the other sets to us. Whatever original document we cant have, we photocopy it so have it. What I am waiting for him to send me is NOA2 and affidavit of support.

I told my husband to stop looking at the updates. He will receive email or text message from USCIS. We cant help it. The moment we are at the computer, we still look at the updates. Its the longest wait I ever had. I know our time is becoming shorter as we wait for our NOA2. One day without news is one day shorter for approval.

Getting two copies of everything - smart move...I would have done the same thing if I had thought of it!

My hubby also keeps telling me to stop checking the website 10 times a day...I simply can't help myself...

[In_AR_From_TX 0]

What this notice means in that if you file an I 130(in which the Beneficiary spouse gets an immigrant visa and becomes a Permanent resident once he or she comes to the USA) , which is for an IR1 visa, and subsequently file for a I 129f , which is for a k3 visa( A visa category created following which process the beneficiary comes to the US on a Non immigrant visa and completes the process of getting a Green Card after coming over here)....... and both of your applications get approved at the same time, and the NVC recieves them on the same day, then your I 129F , will be considered closed and you will have to follow the process to get your spouse an IR1 visa .

The reason why K3 was created was because some time back it would take a long time for the I 130 to be processed. So K3 was created , which was processed much faster and your spouse could come over to the states quicker and finish the process towards becoming a permanent resident here. Now that both I 130 and I 129f `s are essentially being completed at the same time, the NVC has decided to do what they say in the notice.

I hope I have been able to explain it to you. :-)

What do u recommend I do next send in the I 129F?

[TatyanaR 6]

Hi, my I130 was received and entered on 2/3/10 and My I129F on 2/4/10. They did not arrive at the same time according to my thinking so that is why I called and asked them. Again I hope that they will still pass my I129F on to the consulate like the customer service person said, but I do remain somewha scared they won't. As soon as I get a new update from them I will post so you guys will have an answer. Sorry for not posting my timeline, can someone tell me how to add mine to these messages? Thanks,

Myra

On top it says Immigration Timelines, press that & you can do it there. Good luck!

[pushbrk 12,569]

The issue not being addressed in the notice doesn't mean it hasn't been thought out.

It would not be hard at all for DOS to keep the I129 alive (even if it arrives at the NVC at the same time as the I130) merely by reading the petition. Those I129 with derivative children move on - those without do not.

Yes, it's possible and even easy. If it was thought through, it also would have been easy to include that in the notice. What you have not thought through is that listing children does not directly indicate they wish to apply for visas or are even eligible. Further, there is no place on the I-129F petition to indicate whether the children intent to immigrate. The I-130 has a place to indicate whether petitions are being filed for other family members.

When USCIS changed their I-129F for spouse processing policy back in November of 2006, there were similar glitches. They began administratively cancelling I-129F petitions when the two were approved the same day. This left the families expecting K4 visas in bad spot. Within a few months they changed the policy and started forwarding both petitions to NVC again.

I expect this is part of the ongoing interagency battles on procedure. All USCIS has to do to thwart this new plan is to send the petitions to NVC separately.

[Downtoride 0]

SO will VJ get rid of the K-3 Forum too? I Hope not I like reading everyones stories:)

[pushbrk 12,569]

Hello all

I am a VJ Virgin so please be gentle with me

I have read the important notice and cant seem to figure out exactly what is going on.

My situation is as such I am a naturalized US citizen and got married in Pakistan this past Nov 2009. On Feb 1st 2010 the Chicago office received my application I submitted for my wife's K3 visa. I checked this morning and the check has cleared, I am assuming they have accepted my application. I have not received the NOA yet but figure it will be here some this upcoming week.

So I have two questions I would love answers or direction for

1 - Them cashing my check does that mean my application has been accepted and they will start processing it?

2 - How does this new "Rule\Process" impact my K3 application for my wife. Do I still send in the I-129F once I get the NOA1 for my I130 or do I need to follow a different route.

I would be grateful if someone could decipher all this for me into layman's term.

Thanks in advance for everyones help.

You have not filed a K3 application. You filed an I-130 petition for a spouse. Alone, this petition puts you on a CR1 visa path. After the petition is approved, your wife will be invited to apply for a visa, the CR1 visa. The notice means there is no reason to file the I-129F at all. Frankly, for the past three years K3 has not been reuniting families faster anyway. Just don't file the I-129F petition for your spouse. Follow the CR1 guide.

Edited February 7, 2010 by pushbrk

[pushbrk 12,569]

My son is 20 years old and will turn 21 on July 2010. I want him to go with me thru k4 visa as my derivative. CR1 is more advantageous than k3. It cost less and can enjoy the benefit of being a green card holder. I was advised here by our embassy to file I-130 for him. My husband called USCIS. He defined a stepson who is 18 years at the time we got married. We agreed that as soon as I get my k3 and his k4, he will file his I-130 so he can adjust his status. Once I adjust my status, his k4 dies also. I am sad to hear if NVC will process my CR1 instead of my K3. It takes 5 years to petition my children. I hope that we will be given a choice which visa we preferred.

Unfortunately, if your marriage occured after the son turned 18, he could have obtained a K4 visa but it and his allowed stay in the USA would expire on his 21st birthday. He would NOT be allowed to adjust status, as the I-130 would be as quickly rejected after arrival as it would have been before. You husband cannot file it because they don't consider the step-parent relationship valid.

[pushbrk 12,569]

I have prepared documents listed here and what our embassy requires. What is pending is my local police clearance that expires every 30 days and the affidavit of support. My husband has already gathered his papers for support. He has prepared both affidavit of support. He will send to me which will be required by my embassy and NOA2. I still prefer k3 visa so I can take my son with me who will turn 21 years old on July 2010.

Expiration dates on police reports are of no consequence. The Consulate only cares that the issue date is within their requirement. Usually that's a year but I've seen them ask for new ones from time to time if they are more than six months old.

What do u recommend I do next send in the I 129F?

No and that has been the most common recommendation for three years anyway. It doesn't save time anymore. It just costs more money.