Processing times for i-130 and K-3 applications as National Benefits Center

[snowflakepr 16]

My husband, the petitioner, sent our I-130 and K-3 applications to the designated addresses as stated on the USCIS website. When he received the receipts both state at the bottom left hand corner of the letter National Benefits Center. One in KS and the other MO.

When I go online to the USCIS site and check our status there is a box at the bottom of the page with a drop down menu to check processing times. None of the options list either a K-3 or I-130 at NBC AND when there is a NBC option you are not permitted to define which address of the NBC.

I called the 1-800 number to ask where our application is being processed and find out processing times, but the automated system says to check the website for processing times.

My goodness how frustrating.....I just want to know how long to expect approximately.

Any information is greatly appreciated. I know I cannot be the only person with this scenario and hoping that someone else has been able to resolve this same issue.

Thank you for any help!

[florida4life 29]

http://www.visajourney.com/content/compare

[dwheels76 5,468]

My husband, the petitioner, sent our I-130 and K-3 applications to the designated addresses as stated on the USCIS website. When he received the receipts both state at the bottom left hand corner of the letter National Benefits Center. One in KS and the other MO.

When I go online to the USCIS site and check our status there is a box at the bottom of the page with a drop down menu to check processing times. None of the options list either a K-3 or I-130 at NBC AND when there is a NBC option you are not permitted to define which address of the NBC.

I called the 1-800 number to ask where our application is being processed and find out processing times, but the automated system says to check the website for processing times.

My goodness how frustrating.....I just want to know how long to expect approximately.

Any information is greatly appreciated. I know I cannot be the only person with this scenario and hoping that someone else has been able to resolve this same issue.

Thank you for any help!

You would never see k3 on the list you didn't apply for a K3 You sent in a I-129F which should have went to the Dallas Lockbox.

The NBC for your I-130 is just where all I-130's go since August 15, 2012 then from there your local uscis office. expect 6 to 10 months. Could be more could be less but many since January are at about 6 to 8 months processing. And there are no processing time this is pretty new.

Your I-129F will have gone to either Vermont, California or Texas service center.

[TBoneTX 45,090]

*** Thread moved from CR-1 Process forum to the Case Progress subforum -- topic is about timing. ***

[jdba 22]

I was talking to someone and they got a RFE from Kansas for not signing one of the papers. Maybe this is something new.

Edited July 21, 2013 by jdba

[NikLR 13,227]

I believe NBC has an office in KS as well now. It's pretty new, but I've seen people mentioning getting their NOA1 from that office for the last month or two.

The National Benefits Center adjudicates a small quantity of I-130 petitions themselves. Your husband sent in petitions, not applications. After 2-3 months, if the NBC has not adjudicated the petition, it will be sent to the local office of the petitioner. (The NBC will adjudicate a case if there is no local office for the petitioner in the case of when spouses live together abroad.) Obviously none of these processing times are available via the USCIS website, annoyingly so. They have yet to update their website, despite what was supposed to be temporary has now become "normal." However, you can figure out how fast or slow your local office is by looking at the volumes and trends on the USCIS website. Some, like the ones in California, are pretty quick, others like NYC, Chicago, Newark NJ, and Atlanta are quite slow, if not a snail's pace. If you know your local office is at a slow office, and don't mind paying the extra money to do the adjustment of status from a K3 visa, that is when you send in the I-129F to start on the K3 visa path. Note that I say "visa path." This it the path to the visas, not applications for the visas themselves. They are merely petitions. The USC is asking the USCIS (who is part of the US Department of Homeland Security) for permission to for their spouse to apply for a visa. Unless your petition has been sitting around for over 6 months, there is nothing much you can do to speed them up. It's the waiting game, and it is best to learn patience.

How the K3 visa may come into being is if the I-129F is adjudicated and arrives at the National Visa Center before the I-130. (Just to note, the NVC is part of the Department of State.) The NVC will leave it open and send it on to the consulate/embassy. If the consulate/embassy (consulate in the OP's case) leaves it open they will do document intake similar to a K1 and after approval at interview, grant the beneficiary a K3 visa. However, if the I-130 reaches the NVC before or at the same time as the I-129F, the NVC administratively closes it, and you continue on the IR-1/CR-1 visa path with document intake at the NVC and a interview in Montreal leading to a the IR-1 or CR-1 visa and immediate green card upon entry to the USA. There has been a documented case on VJ where the I-129F made it to the NVC before the I-130. The NVC sent it on to Montreal who closed it themselves because there was already an approved I-130 on file, it just arrived after the I-129F. (see VJ member EmilyS)

If you are truly in San Francisco, then the I-130 will very likely beat out the I-129F and you will probably have your NOA2 in about 5 months. They are pretty quick over there. Of course it never hurts to try if the K3 is the route you want to go.

The benefit to a CR1 (I just noted your marriage date) will be the immediate green card upon entry. You will be able to work as soon as you obtain an SSN and travel is need be. The CR1 visa in your passport, when endorsed at the POE, will act as a temporary green card until your 2 year card arrives.

The bad part for you, is that the interview will take place in Montreal. No other place. I am also unsure if Vancouver does K3 visa interviews anymore, I have my doubts. But it would be good to contact the consulate to find out.

However if Vancouver is closer for you, and does the K3 interviews that is great. However, you would also have to pay the $1070 for the adjustment of status. The K3 is a multi-entry visa, but without EAD you won't be able to work and that takes about 3 months from filing of the AOS.

You probably knew all of that, but it's never a bad thing to mention again for other posters who come along after you! (Plus I just had my first coffee of the day and it's literally coursing through my veins! WOOT!)

[Ryan H 3,812]

Your I-129F will have gone to either Vermont, California or Texas service center.

For a K3, highly unlikely; prior to local offices and the NBC entering the mix of adjudicating I-130 petitions, an I-129F that was filed to start the K3 was sent to the service center the I-130 is at so the two petitions could be matched up.

I have read the latest I-129F instructions and judging by those, an I-129F being filed to start the K3 is to go to the lockbox in TX but I figure that such a petition would go to the NBC, not the service centers in CA, TX, or VT.

[dwheels76 5,468]

For a K3, highly unlikely; prior to local offices and the NBC entering the mix of adjudicating I-130 petitions, an I-129F that was filed to start the K3 was sent to the service center the I-130 is at so the two petitions could be matched up.

I have read the latest I-129F instructions and judging by those, an I-129F being filed to start the K3 is to go to the lockbox in TX but I figure that such a petition would go to the NBC, not the service centers in CA, TX, or VT.

WOW Okay. Sorry for misinformation. See I thought the whole point to file the two petitions was to see what gets approved first. But if they going to marry them up well what is the point (I guess the reason the K3 is really a moot point.)T

hanks Ryan H for the correction. Good to know.

[NikLR 13,227]

WOW Okay. Sorry for misinformation. See I thought the whole point to file the two petitions was to see what gets approved first. But if they going to marry them up well what is the point (I guess the reason the K3 is really a moot point.)T

hanks Ryan H for the correction. Good to know.

It really is. When people actually get a K3 interview, I'm almost floored.

[Darnell 8,478]

you should hang in there for the long haul, 5 to 6 months on any approval, starting at 2013-05-31, the date of the receipt notice on the I-129F.

If either petition is approved sooner - hey - burn some joss, as you just got lucky.

For the nonce - please study the MSC stats page here at VJ.

[scienceworks 64]

Where exactly is NBC. My NOA1 says overland park, KS

[Darnell 8,478]

NBC, National Benefits Center, is coded up as "MSC" - the older name (still in use and not to change) is the Missouri Service Center.

We have a MSC Stats page here, have a look ?

[scienceworks 64]

Well my google search found the answer. There are two physical offices for National Benefit Center. One in Lee's Summit in Missouri and one in Overland Park in Kansas side, both being close. The overland park is the newest one.http://www.bizjournals.com/kansascity/news/2012/11/13/us-citizenship-and-immigration.html?page=all

Edited July 21, 2013 by scienceworks

[snowflakepr 16]

Thank you everyone for your posts. I did my research for NBC locations and found a few. I am not sure if the two petitions are tied together or not, considering one is at one NBC office and the I-130 is at another. Very frustrating that the USCIS AND Visajourney do not identify processing times for either the MO or KS locations of NBC and when I call the 1-800 number I am not permitted to speak to anyone to find out where my husbands petition is for me.

My history may be strange as well as my father is a US citizen, as was my grandfather, I have several relatives that are US citizens, my eldest son attends a US private university and I was a green card holder from age 8-15. I live in New Jersey and Puerto Rico. I actually met my husband in elementary school when we both lived in Puerto Rico. I have been across the border at least 50 times. Last summer I was denied entry for a visit when I attempted to cross in my car loaded with things for my son for university and was going to also visit with my then boyfriend, now husband. I was told not to attempt to cross the border for 6 mths and then have documents to support ties to Canada. I have crossed successfully to see my boyfriend, prior to marriage, three times since. I did not cross the border for 6 mths, even though another officer told me I could come back in a few days with the supportive documents to ties to Canada in hand. I have taken US homeland security very seriously and feel honored to be able to cross the border.

[NikLR 13,227]

Since Aug 15, 2012, the USCIS has been sending the I-130 to the NBC. From there, in about 2-3 months, the NBC sends almost all of it's I-130 petitions to the local office of the petitioner. Yes, at the USCIS stage, only the petitioner can find out where the file is located. If your husband is keen, at the end of this month to the end of August he can call the USCIS and inquire with a tier 2 (Immigration Services Officer - ISO) about the exact location of the petition and when it left or arrived at it's location. Only an ISO can answer these questions and sometimes they're lazy and do not answer them correctly.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c3c7ca7c5fed9310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

Your I-130 and I-129F may marry up again at a local office. Or they might be separated at that point, I don't know. K3 is a very rare, obsolete visa path. Keep us updated though!!!

(edited for stupid spelling errors... /facepalm)

Edited July 22, 2013 by NikiR