Filing a K3 while I-130 is in process

[h45549 18]

My I-130 petition has gone to atlanta, where it seems processing has not even started for August 2012 cases. My Priority date is at end of Nov..I don't know when they will process my I-130 if august has not been touched yet.

Does it make sense to file a K3 in this situation? Would the K3 also not go to atlanta or is it processed elsewhere? Is there any disadvantage to filing a K3 while my I-130 is also in the system?

[canadian_wife 1,808]

The I129F is obsolete, it won't speed up your case

good luck

[speedwell 224]

My I-130 petition has gone to atlanta, where it seems processing has not even started for August 2012 cases. My Priority date is at end of Nov..I don't know when they will process my I-130 if august has not been touched yet.

Does it make sense to file a K3 in this situation? Would the K3 also not go to atlanta or is it processed elsewhere? Is there any disadvantage to filing a K3 while my I-130 is also in the system?

The disadvantage is that you will have two things that you are waiting on approval for instead of just one. If you send them in together, they are recorded together. If you send them in separately, there's a risk that they might not be matched up properly and you could think you are approved when one form is approved, even though the other form is still processing and might need some action. Other people who have done this or known others who did it should also weigh in.

[Darnell 8,478]

Yes, it would have some advantage.

Why? There's a good chance that the I-129F would stay at MSC and NOT go to Atlanta, at all.

[Cathi 5,694]

129f for K-3 is obsolete, rarely, if ever granted anymore. The 129 should have also been filed at the same time you sent the I-130. Not to mention the fact that you are going through Pakistan, one of the most difficult consulates to go through, the chances of you getting administrative processing at the interview is very high. So be prepared. Good luck.

Edited February 2, 2013 by mimolicious

[Ryan H 3,810]

The I129F is obsolete, it won't speed up your case

Incorrect terminology, the I-129F form is not obsolete, it's a perfectly valid form. K3 visa is the proper term in this regard.

The 129 should have also been filed at the same time you sent the I-130.

This is also incorrect, I'll assume you forgot the "F" after I-129 so I won't go on any further about that. However, an I-129F is not filed to start the K3 process until after the NOA1 for the I-130 is received. While there is nothing that says both forms cannot be sent at the same time, it's not a requirement to send them at the same time.

Now my thoughts on the OP's question:

Before the transfer of I-130 petitions filed on behalf of spouses to local offices for adjudication started to take place, I would have said "don't bother pursuing the K3" and gone to spell out the probably sequence of events. Now with the transfer of the I-130 to local offices, there is no data if an I-129F would go to the local office to be matched up or remain at the National Benefits Center. If the I-129F were to remain at the National Benefits Center, then there is a possibility that it could makes its way to the NVC ahead the I-130 that could be sitting at a field office gathering dust.

OP, since your file is in Atlanta and not likely to be looked at anytime soon, the possibility exists that starting the K3 process could work out. Until there is some data regarding what happens to I-129F filed to start the K3 process in regards to is it sent to a local office or does it stay at the National Benefits Center; all previous advice about the K3 being an obsolete type does not apply at this juncture.

[canadian_wife 1,808]

Incorrect terminology, the I-129F form is not obsolete, it's a perfectly valid form. K3 visa is the proper term in this regard.

You are right

The K3 is obsolete!

Thanks

[EmilyS 11]

My husband & I also filed for K3, ours survived the NVC and got to the consulate where as the I-130 was still waiting to be assigned a case number sadlyyyyyyyy the consulate closed our K3 Now we have to go with CR-1....we were so hopefull that the K3 would reunite us soon, I am very disappointed, if you do decide to go for it, don't get your hopes up like I did just go by the flow and see what happens because I tell ya I cried my eyes out for hours when we got the email.

Edited February 4, 2013 by EmilyS

[h45549 18]

My husband & I also filed for K3, ours survived the NVC and got to the consulate where as the I-130 was still waiting to be assigned a case number sadlyyyyyyyy the consulate closed our K3 Now we have to go with CR-1....we were so hopefull that the K3 would reunite us soon, I am very disappointed, if you do decide to go for it, don't get your hopes up like I did just go by the flow and see what happens because I tell ya I cried my eyes out for hours when we got the email.

That's crazy, did they give a reason for doing so?

[h45549 18]

You are right

The K3 is obsolete!

Thanks

You have said that twice now but what does it mean?

You are saying it will not be processed any faster than the i-130, even considering that Atlanta office where my case is hasn't even started on August 2012 cases?

[Roosha 51]

The facts are that we have no facts Ryan's answer is basically everything we know so far since they started sending petitions to be processed at field offices. No one can tell you if the K3 will beat your CR-1, but since everything is up in the air and your office hasn't even started on August cases and you filed in December, I'd do it. It won't cost you extra to file it and you it might get processed faster. Although the K3 will cost you a lot more later once your spouse arrives in the states and starts the AOS process.

Are you sure you've been transferred to Atlanta? If you filed in December it might be too early to tell. I'd make sure you were transferred there first before filing for the K3. If your file stays at NBC you could get approved in 4 months or less.

Edited February 4, 2013 by Roosha

[EmilyS 11]

That's crazy, did they give a reason for doing so?

well mostly because we have an approved I-130 at the NVC right now, but I thought that only the NVC makes that call and closes it and since ours survived the NVC we were really looking forward to it...anyhow it's closed now...good luck with whatever you decide

[canadian_wife 1,808]

Ready Emily S. post.

K3 will be closed by NVC in most cases as has been their policy for almost 3 years

good luck

[The Mean Lady 604]

Ready Emily S. post.

K3 will be closed by NVC in most cases as has been their policy for almost 3 years

good luck

Both of emily's petitions were approved around the same time.

It just happened than the 129 went to NVC and the 130 was waiting around.

If we're talking about Atlanta being, say, 8 months from approval for OP, then having a 129 approval move to NVC 3-4 months prior to the 130 approval, then that's a totally different story.

[The Mean Lady 604]

OP, if you've got the money and don't mind taking the K3 path, then there's no harm in filing the I-129f now.

There's no cost associated to that portion of starting the path.

If you seriously would not mind doing that path, and have the money for it, then don't hesitate, just file it.

Maybe you'll get lucky and ATL will go on a petition approving streak and your I-130 will get approved.

But what if they don't and you're still sitting here in 7 or 8 months?