I129F for Spouse Approved

[marine0352 1]

Hello forum. I've read lots of conflicting info about the K-3 for spouses and whether it is obsolete, still doable, etc.

Maybe this will give some hope to those still wondering if the K-3 is still a viable option. My timeline goes like this:

I130 NOA1 2013-05-21

I129F NOA1 2013-07-02

I129F NOA2 2014-01-08

I130 NOA2 2014-01-08 (exactly 1 minute after I129F NOA2)

During that processing time, my petitions went from the NVC to the Nebraska service center. I made one call to check on it's status in the interim, and had a nice chat with the CS rep about the relevance of a K-3 visa. She assured me that it was still relevant and usually the quickest way to proceed.

Not ultra quick, but not half bad either. We expect to be out of Japan in the next month and a half or so. Hope this can give a ray of hope to those who don't know what to expect with the K-3 process.

More to follow once I have info from NVC...

Edited January 9, 2014 by marine0352

[dwheels76 5,466]

Hello forum. I've read lots of conflicting info about the K-3 for spouses and whether it is obsolete, still doable, etc.

Maybe this will give some hope to those still wondering if the K-3 is still a viable option. My timeline goes like this:

I130 NOA1 2013-05-21

I129F NOA1 2013-07-02

I129F NOA2 2014-01-08

I130 NOA2 2014-01-08 (exactly 1 minute after I129F NOA2)

During that processing time, my petitions went from the NVC to the Nebraska service center. I made one call to check on it's status in the interim, and had a nice chat with the CS rep about the relevance of a K-3 visa. She assured me that it was still relevant and usually the quickest way to proceed.

Not ultra quick, but not half bad either. We expect to be out of Japan in the next month and a half or so. Hope this can give a ray of hope to those who don't know what to expect with the K-3 process.

More to follow once I have info from NVC...

Well before you give ray of hope you haven't reported anything that hasn't been known.. All I-130 and I-129F get adjudicated together now and go to NVC. That's been reported by USCIS since September. NVC is the one that will close the I-129F because there is an approved I-130 on the books.

Don't go by what a operator says on the phone they have no idea about a K3.

But please do keep us posted. I would love for you to come back and say well dwheels I got issued a K3. I will be happy with you. All the best.

[marine0352 1]

Yes, yes, patience. Thus my tagline about more to follow once I hear from the NVC.

If it gets canceled at the NVC, so be it. I'll default to the other options in that case. If not, you'll know about it on this thread.

[dwheels76 5,466]

Yes, yes, patience. Thus my tagline about more to follow once I hear from the NVC.

If it gets canceled at the NVC, so be it. I'll default to the other options in that case. If not, you'll know about it on this thread.

Amen. I hear ya. Nothing wrong with hope and patience. Thank you for keeping us posted.

[SVL 3]

Hello forum. I've read lots of conflicting info about the K-3 for spouses and whether it is obsolete, still doable, etc.

Maybe this will give some hope to those still wondering if the K-3 is still a viable option. My timeline goes like this:

I130 NOA1 2013-05-21

I129F NOA1 2013-07-02

I129F NOA2 2014-01-08

I130 NOA2 2014-01-08 (exactly 1 minute after I129F NOA2)

During that processing time, my petitions went from the NVC to the Nebraska service center. I made one call to check on it's status in the interim, and had a nice chat with the CS rep about the relevance of a K-3 visa. She assured me that it was still relevant and usually the quickest way to proceed.

Not ultra quick, but not half bad either. We expect to be out of Japan in the next month and a half or so. Hope this can give a ray of hope to those who don't know what to expect with the K-3 process.

More to follow once I have info from NVC...

Congrats! What was the transfer date to Nebraska Service Center?

[NikLR 13,227]

(ps... they went from the NBC not NVC to Nebraska. )

Edited January 10, 2014 by NLR

[Jilly30 16]

Well before you give ray of hope you haven't reported anything that hasn't been known.. All I-130 and I-129F get adjudicated together now and go to NVC. That's been reported by USCIS since September. NVC is the one that will close the I-129F because there is an approved I-130 on the books.

Don't go by what a operator says on the phone they have no idea about a K3.

But please do keep us posted. I would love for you to come back and say well dwheels I got issued a K3. I will be happy with you. All the best.

NVC closing the case is not always the situation apparently. My situation, as with another poster in this forum, is that like the OP here NOA2 was received from USCIS for BOTH I-129f & I-130 on the same day. Interestingly enough my I-129f went back into "initial review" at USCIS a few days later & I received notification of this. So I never checked on the I-129f at NVC, but began calling with my I-130 receipt number to check if it had arrived.

My I-130 has been confirmed as arriving at NVC on 12-20-2013. I'm still waiting on a case #. Today, I received a letter dated Jan 8, 2014 saying they received my approved I-129f and have forwarded to the Mumbai embassy.

Clearly I had two cases at NVC at the same time and the I-129f did not get closed. Now I'm at a loss as to what to do. The letter says he should go ahead and apply, but as per USCIS wording, to be eligible for a K-3 visa you must have a pending I-130. His has already been approved and is "pending", but at NVC, not USCIS. We don't know if its even worth it to TRY to apply for the K-3 given that the I-130 is already approved.

I think things never get "closed" or "canceled" officially, they just become obsolete or ineligible maybe, but letters and notifications get sent out automatically because they don't recognize the exceptions to the rules.

[dwheels76 5,466]

NVC closing the case is not always the situation apparently. My situation, as with another poster in this forum, is that like the OP here NOA2 was received from USCIS for BOTH I-129f & I-130 on the same day. Interestingly enough my I-129f went back into "initial review" at USCIS a few days later & I received notification of this. So I never checked on the I-129f at NVC, but began calling with my I-130 receipt number to check if it had arrived.

My I-130 has been confirmed as arriving at NVC on 12-20-2013. I'm still waiting on a case #. Today, I received a letter dated Jan 8, 2014 saying they received my approved I-129f and have forwarded to the Mumbai embassy.

Clearly I had two cases at NVC at the same time and the I-129f did not get closed. Now I'm at a loss as to what to do. The letter says he should go ahead and apply, but as per USCIS wording, to be eligible for a K-3 visa you must have a pending I-130. His has already been approved and is "pending", but at NVC, not USCIS. We don't know if its even worth it to TRY to apply for the K-3 given that the I-130 is already approved.

I think things never get "closed" or "canceled" officially, they just become obsolete or ineligible maybe, but letters and notifications get sent out automatically because they don't recognize the exceptions to the rules.

Sorry i should have stated also I-129F do sometimes get by and get to embassy and they most times will close it when they see the I-130. And some will process and send the applicant the information to proceed usually by that time the I-130 is pretty much done at NVC and couples see how the K3 route may get them there a week a month earlier not the months and months ahead so they just ignore the I-129F and go the I-130 route. Yes K3's get issued now and than but its usually the due diligence of the couples and unfortunately like i said as you see both getting approved same time buys you nothing.

Now if the I-129F was adjudicated separately and at the speed most are that would get you goodness 8 months ahead of the I-130 now that would be well worth it then.

[NikLR 13,227]

NVC closing the case is not always the situation apparently. My situation, as with another poster in this forum, is that like the OP here NOA2 was received from USCIS for BOTH I-129f & I-130 on the same day. Interestingly enough my I-129f went back into "initial review" at USCIS a few days later & I received notification of this. So I never checked on the I-129f at NVC, but began calling with my I-130 receipt number to check if it had arrived.

My I-130 has been confirmed as arriving at NVC on 12-20-2013. I'm still waiting on a case #. Today, I received a letter dated Jan 8, 2014 saying they received my approved I-129f and have forwarded to the Mumbai embassy.

Clearly I had two cases at NVC at the same time and the I-129f did not get closed. Now I'm at a loss as to what to do. The letter says he should go ahead and apply, but as per USCIS wording, to be eligible for a K-3 visa you must have a pending I-130. His has already been approved and is "pending", but at NVC, not USCIS. We don't know if its even worth it to TRY to apply for the K-3 given that the I-130 is already approved.

I think things never get "closed" or "canceled" officially, they just become obsolete or ineligible maybe, but letters and notifications get sent out automatically because they don't recognize the exceptions to the rules.

Who sent you the notification that the I-129F is on the way to the Mumbai embassy, the USCIS or the NVC?

PS.. Your I-130 isn't pending, it's approved.

Edited January 12, 2014 by NLR

[Jilly30 16]

Who sent you the notification that the I-129F is on the way to the Mumbai embassy, the USCIS or the NVC?

PS.. Your I-130 isn't pending, it's approved.

The notification about the I-129f being forwarded to Mumbai (bombay) is from NVC and includes a case number beginning with "bmb" and has the Department of State seal at the top of the letter.

Right...the petition is approved, the "case" is pending an NVC case number being assigned.

From what I've researched so far, it indeed sounds like the letter they sent is null & void since the I-130 has already been approved by USCIS. Just wish they wouldn't send such communications that are basically useless. However, on the positive side, maybe that means our I-130 case number is close at hand, since the two applications would have arrived together and the I-129f has clearly been reviewed already. :-)

[NikLR 13,227]

They didn't arrive together or else the NVC would never have mailed you that notice. However, I agree that the K3 route will still likely be closed due to an approved I-130 however that will now be up to the Mumbai embassy. A K3 is about twice as much as a CR1 because of the adjustment of status.

[Jilly30 16]

They didn't arrive together or else the NVC would never have mailed you that notice. However, I agree that the K3 route will still likely be closed due to an approved I-130 however that will now be up to the Mumbai embassy. A K3 is about twice as much as a CR1 because of the adjustment of status.

How can it be up to the embassy when the USCIS wording clearly states that in order to be eligible for a K3 you must have a "pending" I-130? My I-130 has already been approved. I mean, if its up to the embassy then does that mean I can still apply for it? How would that even work if it was granted? I thought you became ineligible for the non-immigrant visa once your immigrant visa became available.

[NikLR 13,227]

How can it be up to the embassy when the USCIS wording clearly states that in order to be eligible for a K3 you must have a "pending" I-130? My I-130 has already been approved. I mean, if its up to the embassy then does that mean I can still apply for it? How would that even work if it was granted? I thought you became ineligible for the non-immigrant visa once your immigrant visa became available.

The embassy must now close it vs the NVC closing it. You are right, I'm not saying you're not, but I don't know how intelligent the people at your embassy are. The USCIS also says the K3 is not an obsolete visa but it is. Remember USCIS = Department of Homeland Security and the NVC and Embassy = Department of State. It's like your left hand telling your right foot what it's supposed to do.

Either way, I think, doing the document intake and chasing the CR1 visa will make the choice for you. Likely the Mumbai embassy will close the I-129F but I'm not going to say they WILL for sure because that would be a definite answer on something I just simply don't know. Strangely enough I have the intelligence to say "I don't know" when I actually just do not know.

But you guys have a nice day. I hope it all works out for ya and your journey is soon at an end.

[Darnell 8,478]

yay ! NVC and the IV unit are all sections of the DoS.

I'm forecasting the I-129F will get administratively closed by the DoS, somewhere,

as

the first bits is to check for an unapproved I-130.

[Jilly30 16]

The embassy must now close it vs the NVC closing it. You are right, I'm not saying you're not, but I don't know how intelligent the people at your embassy are. The USCIS also says the K3 is not an obsolete visa but it is. Remember USCIS = Department of Homeland Security and the NVC and Embassy = Department of State. It's like your left hand telling your right foot what it's supposed to do.

Either way, I think, doing the document intake and chasing the CR1 visa will make the choice for you. Likely the Mumbai embassy will close the I-129F but I'm not going to say they WILL for sure because that would be a definite answer on something I just simply don't know. Strangely enough I have the intelligence to say "I don't know" when I actually just do not know.

But you guys have a nice day. I hope it all works out for ya and your journey is soon at an end.

LOL a perfect analogy for sure. I think a lot of the US government is like that unfortunately.

Even though we are tired of waiting and the thought of the K3 was nice & refreshing, I think chasing the K3 would just result in a lot of pointless work, we might as well conserve our mental energy and just wait out the CR1 hopefully only a little bit longer.

Thanks for your input though, I really appreciate it! :-)