CR1 / K3 Processing

[JA_Martinez 81]

Reading all the posts here are encouraging and clearly helpful, but obviously sometime also discouraging. I am learning the "patience" part of this. This is a pretty painful process in general.

So this is our story and where we are, or are not....this is where I need some guidance if any of you wonderful folks out that can guide me?

Edgar is a Philippine National with permanent residency (of 30yrs) in Osaka, Japan. I knew him 40yrs ago in highshool...we were married this past February in Japan, to which I left him behind and came back to the US to start the paperwork process for our CR-1 visa.

We submitted the I-130 on 6/25/13 (to Phoenix)....NOA1 back by 6/28. Started watching the USCIS website to monitor the processing times at each of the NVC's without knowing for sure where ours would be going.

I called the USCSI on 8/12 to see if they could advise me as to which NVC our petition would be transferred to so I could just keep an eye on those processing times (to keep me busy while we wait!). She told me that our petition wouldnt be going to an NVC and would be processed there (not sure now where "there" is). To which I asked her if there was a way for me to track processing times "there".....her response was "...Unfortunately Mrs Martinez, these can't be tracked here, not by you nor even by us. These are processed as they are received...". EGAD! How is this possible? Perhaps I need to call again and ask more specific questions? Has anyone ever heard of this happening?

Interesting however, that she immediately suggested the I-129F/K3 visa alternative so he can get here sooner. We even discussed the turnaround time of threeish months to process the Adjustment of Status & Authorization to Work (together) if being done from the US once he got here.

I decided that having to spend the extra $1k-ish from the US to adjust status (if we decided we didn't want to wait out the I-130) would be well worth the expense IF that could get him here sooner.

I sent in the I-129F with the I-797C and all of the other documentation they require now (btw the 1-129F form has been updated within the past few months and the documentation required to accompany it is more now than was the case before the previous version expired). Mailed it Express Mail (to Texas) on Monday this past 8/19. Haven't yet recieved the notification of receipt from them for this one. Odd that this doesn't appear to move as quickly to be stamped and moved to another in box as did the I-130.

So while I'm trying to keep my timeline updated, there seem to be exceptions to my case here that don't fall into the field options of the timeline, most particularly it seems because I don't really KNOW where any of our paperwork is or where it will be going!

With reading other posts on these forums, I'm seeing alot of comments about K3's no longer being processed? why would they make that suggestion and why would they update that document if it's not being processed any longer?

Also, has anyone else heard of an I-130 not being sent to an NVC to be process???

thanks everyone for being out here...this is a horrible process.

[pushbrk 12,824]

It was a waste of time and effort to file the I-129F. The best you can hope for is that it will be sent back to you from Texas, since that's not where you would file one for a spouse. Worst case is they send it to be joined with your I-130 (doing this since 2006.) and approved the same day. This will take your I-130 out of its place in line, delaying the whole process. Then, once both petitions arrive at NVC, NVC will kill the I-129F. (Doing this for more than three years.) Do some reading in the K3 forum, as it is all explained there, repeatedly, for the past few years.

There's only one NVC. It's not part of USCIS. Your case WILL go to NVC but only after the petition is approved.

Don't listen to any advice from USCIS. They do NOT issue visas.

[jane21 11]

My husband filed for me a k3 but it doesn't help because I'm still waiting, and by the way we are still waiting for almost 8months and still initial review, we filed in December 2012,. It won't process in NVC until you will get an approval notice

[pushbrk 12,824]

My husband filed for me a k3 but it doesn't help because I'm still waiting, and by the way we are still waiting for almost 8months and still initial review, we filed in December 2012,. It won't process in NVC until you will get an approval notice

The "it" that will process at NVC is the I-130. The I-129F will simply die after doing its damage in delaying the I-130 approval. I swear, somebody writing scripts for USCIS operators needs to be strung up by their thumbs.

[dwheels76 5,468]

Right now your I-130 is at NBC (National Benefits Center) I Lee Summit, missouri.

The MSC receipt # stands for Missouri Service Center.

Here is where you will sit until the time comes to ship you to your local USCIS office.

All this started last August 15, 2012. There are a few timelines here on VJ I suggest using the advanced search to seek them out.

You are looking at anywhere from 5 to 9 months (they are actually saying like 7 to 9 months).

In the meantime you can be studying up on the NVC stage getting your ducks all in a row. Read first two post of the NVC filers thread.

[JA_Martinez 81]

Thank you all so much for your quick response. Straight forward is good for me, painful to get the real picture that's for sure. Hopefully I didn't totally knock our I-130 out of pecking order, dangit. So discouraging to not be able to trust what the USCIS paints!

Next question....I've read also that him traveling here to visit could also cause a delay for our I-130 processing, is that true? Remember, he's Filipino and it doesn't matter if he lives on the moon, the Philippines is not part of the WVP so he'd have to apply for a travel visa to come to visit. Don't want to rock the boat any further!

[NikLR 13,227]

No if he has a visitor visa already and truthfully states why he is visiting the USA (and brings ties to the country he lives in, like a return ticket, a letter from his employer saying when he should be back at work, an apartment lease or rental agreement, a mortgage, bills etc... in case they ask) he should be okay. Applying for a visitor visa now, would likely get denied unless he can show very strong ties to his country.

I think when you originally called the USCIS you were confusing some terminology. You mixed up the NBC (National Benefitis Center) which is part of the USCIS and the NVC (National Visa Center) which is part of the Department of State. The first stage is the USCIS where your petition will be approved or denied. The second stage, if approved, is where your husband can apply for the visa and later get an interview.

Here is a wiki guide for you to spend some time reading and learning: http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

Best of luck to you and happy journey.

[pushbrk 12,824]

Thank you all so much for your quick response. Straight forward is good for me, painful to get the real picture that's for sure. Hopefully I didn't totally knock our I-130 out of pecking order, dangit. So discouraging to not be able to trust what the USCIS paints!

Next question....I've read also that him traveling here to visit could also cause a delay for our I-130 processing, is that true? Remember, he's Filipino and it doesn't matter if he lives on the moon, the Philippines is not part of the WVP so he'd have to apply for a travel visa to come to visit. Don't want to rock the boat any further!

If he doesn't already have a visitor visa, you would be wasting your time and money to apply for one now. It will be denied because he has immigrant intent. Plan on you doing the traveling for visits until he has his immigrant visa.

[JA_Martinez 81]

Thanks so much for all of this, this is very helpful.

Now on another note....regarding Police Certificates....

Edgar's lived in Japan for 30yrs, easy to get that certificate. He has otherwise, the majority of his life lived in Manila, Philippines...again also somewhat easy because his family is there and can help him get that one.

However, he lived in Taipei, Taiwan for 2yrs from 70-72...assuming we're going to have to get a certificate from there as well, right?

[NikLR 13,227]

If he was over the age of 16 when he lived there, yes.

Before you get police certificates, check with the issuing authority how long they are valid for. The initial petition can take from 4-12 months (average is 6-8) and you don't want the police certificate to expire beforehand. Check the regional forum on how to get the Taiwan police certificate.

[JA_Martinez 81]

sorry, kinda new at these forums, can you please explain what you mean by "regional forum"?

[pushbrk 12,824]

If he was over the age of 16 when he lived there, yes.

Before you get police certificates, check with the issuing authority how long they are valid for. The initial petition can take from 4-12 months (average is 6-8) and you don't want the police certificate to expire beforehand. Check the regional forum on how to get the Taiwan police certificate.

Consular officers are only concerned with the issue date of the police certificate, not arbitrary expiration dates. If you don't live in the country anymore, you can go ahead and get the police certificate anytime.

Instructions for all countries can be found here. http://travel.state.gov/visa/fees/fees_5455.html?cid=8971

[NikLR 13,227]

Ah I understand what you mean.

[shivam23 11]

Hey i want to ask sumthng

Ths is our story

I-130 filed in feb n got noa-1 on 5th feb

I-129f filed also in feb n got noa-1 on 18th feb

Nw the que is we r turning to 7 mnths in ths sept n nt getting any thng its just on initial review

We contacted our senator n she told me tht our case transferrred frm NBC to reno field office

N our both file consolidate thr

My wife took an info pass in july n thy told tht tyr r working on Dec files !!!! Nw its end of Aug n we dnt get any updates frm thm

Can any one tell us how much time still i hav to wait for the approval ????

[NikLR 13,227]

Hey i want to ask sumthng

Ths is our story

I-130 filed in feb n got noa-1 on 5th feb

I-129f filed also in feb n got noa-1 on 18th feb

Nw the que is we r turning to 7 mnths in ths sept n nt getting any thng its just on initial review

We contacted our senator n she told me tht our case transferrred frm NBC to reno field office

N our both file consolidate thr

My wife took an info pass in july n thy told tht tyr r working on Dec files !!!! Nw its end of Aug n we dnt get any updates frm thm

Can any one tell us how much time still i hav to wait for the approval ????

Please don't thread hijack. No one can tell you how long you have. It takes as long as it takes from 4-12 months "normally" but can take much longer.