LAND DOWNUNDER

[Rings 10]

GAH!!! Where have I been OMG there is so much info here. I am trying to catch up but I am at work, but I read that there can be a better chance if you file the K3 along side waiting for the I-130 petition? Is that true?

I would pay additional fees if neccessary but would they conflict is the question....

[meauxna 15]

I can't be sure but I have been reading people's posts about filing for a K-3 too and then getting both of them approved at the same time. Now, I am starting to believe a myth that filing the K-3 "speeds" up the process. I don't really know because I can't put together statistics. I do agree that waiting for the I-130 to process is better. I guess my only concern is whether or not filing for a K-3 will actually speed up the processing of the I-130. However, I know about the growing belief that the USCIS might default the K-3 and assume the I-130 will not be pursued. I am caught in a trap of waiting for the I-130 to run it's course or try my luck at filing for a K-3 to theoretically speed up the process. I know that I would have to file (spend more money too) additional paperwork to tell the Immigration folks to go ahead and forward the I-130 to Sydney. Any thoughts on this?

Thanks!

Well, we obviously have no inside info on this topic, which does allow consipiracy theories to develop...

The bigger question for me is, if filing the I-129f *does* "speed up" the I-130---how and why? It's a bit nonsensical to me. Now, if you go wade thru the thread in the K-1 forum, from the new petitioner who actually used to adjudicate at the NVC, you'll find the explanation of how the cases are fed to the officers. I can not imagine how the I-129f and I-130 would even know about each other for a considerable time. BTW, the work flow related does match up with reports from an immigration attorney who has toured the SCs that I reposted here a ways back.

And, even if the I-129f "speeds up" the I-130 processing--to what end? If the I-129f is filed, CIS is now making the assumption that the beneficiary *prefers* to AOS in the states. In the case of simultaneous approvals, that potentially gets the immigrant TO the US a couple of months faster, but that is the only benefit. (I'm VERY pro-IV, but admit it ). I admit that not being separated from my spouse, and we were not separated at all during our visa journey, leaves me unqualified to speak on that for anyone else. It's easy for me to sit here and say 'oh suck it up and wait the extra 2-3 months' for most people (there could actually be a benefit in the K-3 if the beneficiary is from a high AR country) but I realise that isn't fair. It is up to each family to decide what their top priorities are, and which visa will fit.

I don't like that they've taken the choice away.

If you're willing to gamble the time and money (and the 'time' is an unknown factor at this point) for the I-824, I'll cheer you on, but I know squat-all about it other than what I read too.

GAH!!! Where have I been OMG there is so much info here. I am trying to catch up but I am at work, but I read that there can be a better chance if you file the K3 along side waiting for the I-130 petition? Is that true?

I would pay additional fees if neccessary but would they conflict is the question....

They do not conflict--they are meant to run parallel to each other (I-129f MUST have an I-130 filed first anyway).

As to 'better', see my previous post.

Where exactly is this rumor being perpetuated?

[vylex 0]

GAH!!! Where have I been OMG there is so much info here. I am trying to catch up but I am at work, but I read that there can be a better chance if you file the K3 along side waiting for the I-130 petition? Is that true?

I would pay additional fees if neccessary but would they conflict is the question....

Hi Rings,

It was just an observation I made based on reading posts in the K-3 forums. I have no evidence to prove it does or doesn't but I see that members posting that I-130 and K-3s are getting approved at the same time.

As for as conflicting, this is where it gets a little confusing...

1) When filing a K-3 you are also filing for the I-130 simply because you need the NOA1 letter from the I-130 to start the K-3 process.

2) I am reading around the forums that people filing for the K-3 (and I-130) are being defaulted down the K-3 path. That means the USCIS holds onto the I-130 and doesn't forward it to the NVC.

This can be bypassed by filing another form and (another fee) to request that it be forwarded on. However, I am not sure of this.

I prefer the IR-1/CR-1 if it is a difference of only a month or two. All I really want to know is if filing for the K-3 will actually cause the I-130 to be processed faster.

[Poi_n_J 0]

I prefer the IR-1/CR-1 if it is a difference of only a month or two. All I really want to know is if filing for the K-3 will actually cause the I-130 to be processed faster.

Ok, I'm back from reading this website almost inside out.. and the biggest time waster that I saw in the process of the IR-1/CR-1 was from the USCIS waiting for the NOA2 and it being forwarded to the NVC..in some cases it was like three months...!!! Now if your doing the K3 don't you need to wait for that to send the I-129 anyhow? So how is that quicker? The website states that K3 is quicker but not to go entirely on that as in some cases the IR-1/CR-1 can be.....

In conclusion, I believe that IR-1/CR-1 is the best way from here, for me, understanding it could be for up to three months or more for the NVC to recieve it, however, I intend to do James' shortcuts and generate my own barcodes to speed up that part of the process as that is where I believe the extra time is wasted between this and the K3.

I have now accepted that I will most probably not recieve it in time and therefore miss out on travelling back with J, miss out on his mother's wedding and meeting all his relos, miss out on the roadtrip we were planning back to Arizona with his car and still not be able to see him for a few months..maybe to the end of this year....but thems the breaks and I can only do my best aye....

Cheers,

Priscilla

[vylex 0]

I prefer the IR-1/CR-1 if it is a difference of only a month or two. All I really want to know is if filing for the K-3 will actually cause the I-130 to be processed faster.

Ok, I'm back from reading this website almost inside out.. and the biggest time waster that I saw in the process of the IR-1/CR-1 was from the USCIS waiting for the NOA2 and it being forwarded to the NVC..in some cases it was like three months...!!! Now if your doing the K3 don't you need to wait for that to send the I-129 anyhow? So how is that quicker? The website states that K3 is quicker but not to go entirely on that as in some cases the IR-1/CR-1 can be.....

Priscilla, you only need the NOA1 which is what we should get within 1-2 weeks of mailing in the I-130. So theoretically, there would be a short lag between the two filings.

[Poi_n_J 0]

Poi: I'm not familiar with the places you mentioned on the great ocean road, but I do know that while I was there my brother in law was staying in Apollo Bay and it was SO cute and nice! I don't know about lodging, but we had a blast!

I loved the GOR!!!! I thought it was so beautiful!!

A few things:

1. GOOOOOOOOOOOOOOOOO Melbourne Victory!!!! What a great grand final for Archie!!! Good times.

2. ALMOST TIME FOR THE CRICKET! Although I've heard our one day team is sucking it up good. My boy, Symonds, is injured and so is Brett LEe Sad but they say they are still sending SYmonds to the World Cup so that's good!

Hey Caroline: Portland is another 3-4hrs on from Apollo Bay and Nelson is about the border of S.A. and that's the one state I haven't been to. I think I've been to Apollo Bay but I haven't seen the Apostles (what's left of them lol.) but it's a heck of a lot of driving so maybe we may just make it to Port Fairy...

I just love how you're getting into the cricket & the footy...that's probably how I'm gonna sound about the Bears and the Cubs/white soz soon....lol.

Lyndel: Joshua just loves his pizza too..no matter that ours isn't as good as theirs (in my opinion) it's still pizza to him..must be an American thing...lol.

[vylex 0]

Well, we obviously have no inside info on this topic, which does allow consipiracy theories to develop...

The bigger question for me is, if filing the I-129f *does* "speed up" the I-130---how and why? It's a bit nonsensical to me. Now, if you go wade thru the thread in the K-1 forum, from the new petitioner who actually used to adjudicate at the NVC, you'll find the explanation of how the cases are fed to the officers. I can not imagine how the I-129f and I-130 would even know about each other for a considerable time. BTW, the work flow related does match up with reports from an immigration attorney who has toured the SCs that I reposted here a ways back.

And, even if the I-129f "speeds up" the I-130 processing--to what end? If the I-129f is filed, CIS is now making the assumption that the beneficiary *prefers* to AOS in the states. In the case of simultaneous approvals, that potentially gets the immigrant TO the US a couple of months faster, but that is the only benefit. (I'm VERY pro-IV, but admit it ). I admit that not being separated from my spouse, and we were not separated at all during our visa journey, leaves me unqualified to speak on that for anyone else. It's easy for me to sit here and say 'oh suck it up and wait the extra 2-3 months' for most people (there could actually be a benefit in the K-3 if the beneficiary is from a high AR country) but I realise that isn't fair. It is up to each family to decide what their top priorities are, and which visa will fit.

Wow. Thanks for bringing that post to my attention. I just read through that K-1 thread. Crazy! I hope they hire enough people to speed up our processing! Huskerkiev will certainly be overloaded with questions for quite some time. Nice to see an insider share some information on the inner workings. As for seeing how the I-129F and I-130 "know" about it each other, I am betting that the NOA1 is the initial link. I'll probably ask him about it sometime to see if he knows.

In any case, I am also pro-IV Mo'. I want my wife to come here with no need for additional paperwork (other than hitting the 2 year married mark).

Thanks for the support Mo'. I might just wait it out and skip on the K-3, especially if it will only take a few more months. I think my wife and I can wait out the additional few months especially if there will be less work to be done in the end.

[Elle 0]

"and the biggest time waster that I saw in the process of the IR-1/CR-1 was from the USCIS waiting for the NOA2 and it being forwarded to the NVC..in some cases it was like three months...!!!"

In my case its over 5 months and still no NOA2 -- see the CR/IR1 forum the WHATS GOING ON IN VSC thread - theres unfortunately a few of us, some who has been waiting as far back as July 06 for the NOA2 and NOTHING. Theres actually three of us with the same NOA2 date, two from Maryland and we are still waiting. Someone who filed late Aug got their NOA2 tho. So that was promising.

I hope you guys get a speedier NOA2!!! Cali seems to be faster now compared to Vermont. But it seems late filers are getting approved (from both Cali and Vermont). I think we just got really unlucky and got caught in the late Aug - Early Sept 06 blackhole. Cant really do much either as VSC has posted that they are only processing files from March 12 '06 -- while Cali is processing files from Aug 21 '06.

Have you guys registered to check the updates on your case in the USCIS website?

[Poi_n_J 0]

Priscilla, you only need the NOA1 which is what we should get within 1-2 weeks of mailing in the I-130. So theoretically, there would be a short lag between the two filings.

True, plus it doesn't even include how it finishes - to the actual interview in Sydney....???

Yes they do connect when you send in both a copy of your marriage certificate and the I-130 NOA1.

Elle: 5 months..??? Maybe it will be best to do the K3....Well we've only just sent our I-130 so are waiting for the NOA1 first but this at least gives us the time to decided whether to go K3 or not.. Is there a way to contact the USCIS to see if they recieved it at all? (yes someone didn't send it reciept of mail )

[Elle 0]

Priscilla, you only need the NOA1 which is what we should get within 1-2 weeks of mailing in the I-130. So theoretically, there would be a short lag between the two filings.

True, plus it doesn't even include how it finishes - to the actual interview in Sydney....???

Yes they do connect when you send in both a copy of your marriage certificate and the I-130 NOA1.

Elle: 5 months..??? Maybe it will be best to do the K3....Well we've only just sent our I-130 so are waiting for the NOA1 first but this at least gives us the time to decided whether to go K3 or not.. Is there a way to contact the USCIS to see if they recieved it at all? (yes someone didn't send it reciept of mail )

Did you send your petition with tracking with the Post office? We sent ours when I was in the States last year and had signature confirmation - so we were able to track it that way. Once you get your receipt number, register it on the USCIS website, so you can see when they have updated it (this is what the "touched" in my sig is). So my case seems to have not been touched since Sept 20.

I think our case may be the exception to the rule - check out the I130 timelines - theres a thread with NOA1 date, which service center and NOA 2 dates. Try and figure out which you guys would be more happy with. Having learned more about the IR1 visa, I definitely want to go that way - I mean we've waited this long.

Also, dont forget to fill out your VJ timelines.

Goodluck!

[Poi_n_J 0]

Did you send your petition with tracking with the Post office? We sent ours when I was in the States last year and had signature confirmation - so we were able to track it that way. Once you get your receipt number, register it on the USCIS website, so you can see when they have updated it (this is what the "touched" in my sig is). So my case seems to have not been touched since Sept 20.

I think our case may be the exception to the rule - check out the I130 timelines - theres a thread with NOA1 date, which service center and NOA 2 dates. Try and figure out which you guys would be more happy with. Having learned more about the IR1 visa, I definitely want to go that way - I mean we've waited this long.

Also, dont forget to fill out your VJ timelines.

Goodluck!

Yeah, no we forgot to send it reciept of mail so we'll just have to wait with baited breath for the NOA1 and then register it with USCIS.

Yeah, you may as well, looking at your timeline...thanks hon..

[Rings 10]

Loke and I have been reading what you guys have said and we are tossing a lot around. We are going to take a longer look at this over the weekend before we determine what is best for us, but I think we may stick with the K3 route because we can do a lot of the paperwork together when he gets here. It may really just fall into the question of "Will it hinder our life in any way if we choose one option over another?"

[meauxna 15]

Wow. Thanks for bringing that post to my attention. I just read through that K-1 thread. Crazy! I hope they hire enough people to speed up our processing! Huskerkiev will certainly be overloaded with questions for quite some time. Nice to see an insider share some information on the inner workings. As for seeing how the I-129F and I-130 "know" about it each other, I am betting that the NOA1 is the initial link. I'll probably ask him about it sometime to see if he knows.

In any case, I am also pro-IV Mo'. I want my wife to come here with no need for additional paperwork (other than hitting the 2 year married mark).

Thanks for the support Mo'. I might just wait it out and skip on the K-3, especially if it will only take a few more months. I think my wife and I can wait out the additional few months especially if there will be less work to be done in the end.

Yup, there is some good info in there for the people who never believed me, heheh. All petition processing is pretty much the same.

For those of you who have not found that thread--go read it!

But as far as hiring enough people to clear the backlog--have a little perspective--this IS the improved version! Andy made a post the other day trying to remind people that I-129fs really did take a year to be approved, and not that long ago. I-130s were 2-3 years. As awful as it seems now... Anyway, maybe the fee increase will fund more workers, but I wouldn't count on a major hiring surge, despite what he wrote.

When you read the description of case movement though, don't you wonder how an I-129f being added to the MSC would influence an I-130 sitting on the shelf in California? That file is going to sit in the CSC until an officer pulls its bin. If filing the I-129f meant that someone went to the CSC shelf and found the specific I-130 that matched it, and then adjudicated it ahead of others... sorry, I just don't see it happening. As he didn't work on I-130s regularly, and the xfers are a new thing, don't be surprised if he doesn't know about what you're asking.

[meauxna 15]

It may really just fall into the question of "Will it hinder our life in any way if we choose one option over another?"

That is a really major question. You might benefit from reading the DCF Guide, where I tried to enumerate the benefits of entering as a PR. I can only tell you of our own experience, and how I compared it to people filing AOS over the years... I wouldn't go any other way! Check with rebeccajo and see what she's got to say on the subject (her husband is waiting years now for his AOS to complete).

The legal limbo is a PITA, and it's not really a case of too mcuh paperwork.

It can get a bit confusing, but you're a great example of how each visa fits each person differently! As long as you're good with the no-work part of the K-3, and will not be impatient with the lack of state ID or Social Security number etc, being together is good too.

[vylex 0]

It may really just fall into the question of "Will it hinder our life in any way if we choose one option over another?"

That is a really major question. You might benefit from reading the DCF Guide, where I tried to enumerate the benefits of entering as a PR. I can only tell you of our own experience, and how I compared it to people filing AOS over the years... I wouldn't go any other way! Check with rebeccajo and see what she's got to say on the subject (her husband is waiting years now for his AOS to complete).

The legal limbo is a PITA, and it's not really a case of too mcuh paperwork.

It can get a bit confusing, but you're a great example of how each visa fits each person differently! As long as you're good with the no-work part of the K-3, and will not be impatient with the lack of state ID or Social Security number etc, being together is good too.

I definitely agree with that. If your spouse can come without expecting to work and it's just a matter of being re-united, K-3 is the way to go. If the spouse intends to work, then I definitely suggest holding out for the IR-1/CR-1. I'll still hope for DCF to return (the way it was + background checks of course). I'll be visiting the wifey end of April. I would love it if we heard definite news before then.

As for the K-3 and I-130 not knowing about each other, I see your point. I guess the only thing I could imagine is that the K-3 would trigger some sort of flag for the adjucator working the I-130. Maybe something similar to the way Congressionals cause the file to move up the line. Just conspiracy theory of course. I just think it's too coincidental that members have I-130s and K-3s approved at the same time.