No more k3?

[Mnz2534 0]

My husband filed the I-130 and I-129F petitions and got the NOA2 on the same day for both petitions. I was reading online that if this happens (after February 2010), you can no longer apply for the k3 visa ?

If so, we will continue with the CR1 visa formalities. How long does it normally take for the interview date in the embassy in Mumbai, India?

I am so upset that I cannot continue with the k3, now I have to wait another 5 months ?

Zan,

:help:

[Ryan H 3,812]

My husband filed the I-130 and I-129F petitions and got the NOA2 on the same day for both petitions. I was reading online that if this happens (after February 2010), you can no longer apply for the k3 visa ?

What you read was NVC procedue should they receive the I-129F at the same time or after the I-130.

If the NVC receives the I-129F before the I-129F, they will assign the K3 file a case number and send it off to the Consulate in Mumbai (if you are in that Consulate's jurisdiction).

If the NVC receives the I-129F at the same time or after the I-130, then the K3 will be administratively closed as you read.

If you end up on the CR-1 path, time at the NVC can be short if you manage things properly on your end (you can't control things on the NVC end). Once things are complete at the NVC, they will send the file to the Consulate and the NVC will schedule the interview based on what the Consulate tells them is available.

[Deputy Purple 1,294]

There is now additional 5 month wait if the K-3 is administratively closed. The only difference in time is that you will now spend 4 - 6 weeks at NVC for the collection of your Immigrant Visa Package (Affidavit of Support and DS-230) before being forwarded to the Embassy.

The upside of this is that when you enter the US with a CR/IR-1 Visa you will be issued a Greencard, no adjustment of status (which costs an additional $1070).

[pushbrk 12,761]

What you read was NVC procedue should they receive the I-129F at the same time or after the I-130.

If the NVC receives the I-129F before the I-129F, they will assign the K3 file a case number and send it off to the Consulate in Mumbai (if you are in that Consulate's jurisdiction).

If the NVC receives the I-129F at the same time or after the I-130, then the K3 will be administratively closed as you read.

If you end up on the CR-1 path, time at the NVC can be short if you manage things properly on your end (you can't control things on the NVC end). Once things are complete at the NVC, they will send the file to the Consulate and the NVC will schedule the interview based on what the Consulate tells them is available.

Correct. Please let us know what actually happens. I've seen about three indications that USCIS may be altering their procedure to counteract the NVC procedure by sending the I-130 and I-129F petitions separately. If this happens to you, it would be good to know. If not, also good to know.

[Mnz2534 0]

that is so unfair that we don't get to choose whether to go ahead with the K3 or CR1. What was the point of starting the k3 in the first place ?!?

[Done--Really 331]

Sounds like your husband didn't completely investigate the ramifications of filing for a K-3...you may get lucky, and that would be great...but unfair--I don't think so. Laws and regulations change all the time, and it is up to us to stay on top of things.

[Mnz2534 0]

Yeah it seems like we're going to have to go with the CR1. I hope my interview date is not too far away. I hear that Mumbai is a VERY busy embassy.

[Dumb/Dumber 61]

Yeah it seems like we're going to have to go with the CR1. I hope my interview date is not too far away. I hear that Mumbai is a VERY busy embassy.

Do not beat your husband up. I paid a Visa company to process the paperwork and they did not tell me that I needed to file CR1. I talked to a Tier 2 Person last week at USCIS and they said the K-3 was still alive and kicking so if these people are not up-to-date, how can your husband have known?

[Ryan H 3,812]

Do not beat your husband up. I paid a Visa company to process the paperwork and they did not tell me that I needed to file CR1. I talked to a Tier 2 Person last week at USCIS and they said the K-3 was still alive and kicking so if these people are not up-to-date, how can your husband have known?

The K3 is still on the books, the provision in the LIFE act that created it was never repealed. NVC made a procedural change in February 2010 that made issuance of a K3 visa less common. Furthermore, there is anecdotal evidence that USCIS could now be intentionally sending an I-129F that was filed in conjunction with an I-130 to the NVC first which would result in a K3 going forward as it arrived ahead of the I-130.