Thats just typical! Advice / Thoughts - re: CR1 / K3

[NikkisPrecious 0]

Ok guys, what a time for this to happen, as you can see by the timeline in my sig were pretty much at the end of the NVC CR1 processing stage..

The I129F was approved yesterday... and its quite horrible in a way, because we are now faced with a choice from the devil, its either stick with the CR1 and ignore the I129f OR

Take the ever so tempting K3 route.. arrrrgh why did they have to do this to us at this stage!!!

What would you guys do.. would it be silly to take the 129f now?

Just want some sane thoughts and advice really. Especially on the timeframe side of things, i'm don't have loads of money but i'm not too concerned on costs, coz they'll bloody get ya one way or the other in my opinion.

Thanks guys

Edited August 30, 2007 by NikkisPrecious

[griffin 7]

Greetings!

Two things to be considered....If you want to be with family ASAP then i would take K3 route,but if you can still managed to wait a little bit longer then i will go for I-130 route, why? To avoid the hassle of EAD, AOS application...

Griffin

[michael_nc 0]

Ok guys, what a time for this to happen, as you can see by the timeline in my sig were pretty much at the end of the NVC CR1 processing stage..

The I129F was approved yesterday... and its quite horrible in a way, because we are now faced with a choice from the devil, its either stick with the CR1 and ignore the I129f OR

Take the ever so tempting K3 route.. arrrrgh why did they have to do this to us at this stage!!!

What would you guys do.. would it be silly to take the 129f now?

Just want some sane thoughts and advice really. Especially on the timeframe side of things, i'm don't have loads of money but i'm not too concerned on costs, coz they'll bloody get ya one way or the other in my opinion.

Thanks guys

I am in the same boat..here's what I've read from other VJ'ers

Don't worry about the I-129F...Just let it ride..If it gets to the embassy first, and send you a packet...take your time and don't respond..They won't process it until they hear back from you..Wait until the I-130 gets there, then proceed with the CR-1..Tell the consulate that you want a CR-1 interview. You really don't have to cancel the I-129F..The CR-1 is a better visa.

I-130 Timeline:

2/14/07...married (Valentine's Day)

4/03/07...mailed I-130 to TSC

4/21/07...I-797C NOA received

4/24/07...Check cashed

7/12/07...Received email saying "I-130 Approved" (120 Days)

NVC Process for I-130 CR-1: per James's Shortcuts

8/7/07..Case Number assigned at NVC

8/20/07..mailed to NVC DS-3032

8/21/07..Message at NVC, "Your DS-3032 & AOS Fee Bill has been sent"

8/21/07..mailed AOS Fee Bill w/ money order to NVC

8/22/07..NVC received my DS-3032

8/23/07..NVC received my AOS Fee Bill

8/24/07..I received my DS-3032/AOS Fee Bill packet in the mail

8/27/07..NVC generated the I-864 Form

8/27/07..I mailed my completed I-864 form to NVC

..waiting on IV Bill to be generated

..DS-230 to follow

I am into the NVC process a total of 20 days!!!!!!!!!!!!!!!!!!!

I-129F Timeline:

4/23/07...mailed I-129F to Chicago

5/01/07...received NOA1 (dated 4/27/07)

5/03/07...touched

5/11/07...transferred to CSC

5/16/07...Received NOA1

6/04/07...touched (email saying Case is now pending at CSC)

6/05/07...touched

6/06/07...touched

8/21/07...received email notice "I-129F is Approved" (120 days)

[endless 0]

You guys are so close to the CR-1 visa, it is just a matter of a couple of weeks for you and the way NVC is going right now they might end up sending both your petitions at the same time to the embassy... it's not even going to be a month difference and as I recall from other threads some suggested when you will be contacted for the interview for the K3, to ask to be interviewed for the CR-1... at least try that way.

[rika60607 215]

Mmm... I think you need to talk to NVC and see what their intentions are. If I129F was approved sooner, they would have held I-130 and K3 route would be "forced" on you, unless you fill out more paperwork, pay another $200 and wait another couple of months.

Considering that you sent them IV payment already (right?) and who knows if they received your approved I-129F yet... may be they will just hold I-129F for you (if you ask) and process I-130.

Which at this point would be better, because K3 is faster due to less time spent at NVC, but you almost served your NVC time.

I do not think there would be much difference (if any) at how quickly you get appointment at your embassy between K3 and CR-1 visa. But that is better asked from the embassy directly.

[NikkisPrecious 0]

I guess we should go for the CR1 visa eh... would it be really stupid to go on the K-3 and fly back to UK for the CR-1?? Is that even possible?

[RandyandRina 2]

After what we all have to go through, do you really want to stick around with the immigration process with the EAD, AOS, etc? I'll end this whole thing with CR1 visa, and just worry with the removing the conditional status and citizenship....less time, less hassles, more money for me

Just my 2 cents (after all, that's what left of me....)

Ok guys, what a time for this to happen, as you can see by the timeline in my sig were pretty much at the end of the NVC CR1 processing stage..

The I129F was approved yesterday... and its quite horrible in a way, because we are now faced with a choice from the devil, its either stick with the CR1 and ignore the I129f OR

Take the ever so tempting K3 route.. arrrrgh why did they have to do this to us at this stage!!!

What would you guys do.. would it be silly to take the 129f now?

Just want some sane thoughts and advice really. Especially on the timeframe side of things, i'm don't have loads of money but i'm not too concerned on costs, coz they'll bloody get ya one way or the other in my opinion.

Thanks guys

I am in the same boat..here's what I've read from other VJ'ers

Don't worry about the I-129F...Just let it ride..If it gets to the embassy first, and send you a packet...take your time and don't respond..They won't process it until they hear back from you..Wait until the I-130 gets there, then proceed with the CR-1..Tell the consulate that you want a CR-1 interview. You really don't have to cancel the I-129F..The CR-1 is a better visa.

I-130 Timeline:

2/14/07...married (Valentine's Day)

4/03/07...mailed I-130 to TSC

4/21/07...I-797C NOA received

4/24/07...Check cashed

7/12/07...Received email saying "I-130 Approved" (120 Days)

NVC Process for I-130 CR-1: per James's Shortcuts

8/7/07..Case Number assigned at NVC

8/20/07..mailed to NVC DS-3032

8/21/07..Message at NVC, "Your DS-3032 & AOS Fee Bill has been sent"

8/21/07..mailed AOS Fee Bill w/ money order to NVC

8/22/07..NVC received my DS-3032

8/23/07..NVC received my AOS Fee Bill

8/24/07..I received my DS-3032/AOS Fee Bill packet in the mail

8/27/07..NVC generated the I-864 Form

8/27/07..I mailed my completed I-864 form to NVC

..waiting on IV Bill to be generated

..DS-230 to follow

I am into the NVC process a total of 20 days!!!!!!!!!!!!!!!!!!!

I-129F Timeline:

4/23/07...mailed I-129F to Chicago

5/01/07...received NOA1 (dated 4/27/07)

5/03/07...touched

5/11/07...transferred to CSC

5/16/07...Received NOA1

6/04/07...touched (email saying Case is now pending at CSC)

6/05/07...touched

6/06/07...touched

8/21/07...received email notice "I-129F is Approved" (120 days)

[Chris Parker 11]

The I129F was approved yesterday... and its quite horrible in a way, because we are now faced with a choice from the devil, its either stick with the CR1 and ignore the I129f OR

Take the ever so tempting K3 route.. arrrrgh why did they have to do this to us at this stage!!!

What would you guys do.. would it be silly to take the 129f now?

Just want some sane thoughts and advice really. Especially on the timeframe side of things, i'm don't have loads of money but i'm not too concerned on costs, coz they'll bloody get ya one way or the other in my opinion.

Thanks guys

You've paid NVC all the fees ($450) for immigrant visa processing, but now you are "tempted" to pay $100 more for a K3 visa instead plus $1030 for I-485 adjustment of status after they arrive here (not to mention a delayed "resident since")?

You know they are both going to take the same time at this point, so I think the I-129F is useless. In fact, I thought the rule was that once the I-130 is approved, the I-129F or K3 visa cannot or should not be approved because the purpose of a K3 visa is "to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa." [iNA 101(a)(15)(K)(ii)]

No brainer, the K3 is no longer appropriate, nor cost-effective or time-effective, must proceed with the immigrant visa.

CP

[NikkisPrecious 0]

Mmm... I think you need to talk to NVC and see what their intentions are. If I129F was approved sooner, they would have held I-130 and K3 route would be "forced" on you, unless you fill out more paperwork, pay another $200 and wait another couple of months.

Considering that you sent them IV payment already (right?) and who knows if they received your approved I-129F yet... may be they will just hold I-129F for you (if you ask) and process I-130.

Which at this point would be better, because K3 is faster due to less time spent at NVC, but you almost served your NVC time.

I do not think there would be much difference (if any) at how quickly you get appointment at your embassy between K3 and CR-1 visa. But that is better asked from the embassy directly.

Hmmmm intresting, the I129f was only approved yesterday so i doubt its even at NVC yet, we have paid the IV bill yes, maybe i should call them to find out what we need to do about cancelling... i always thought you just let it ride out and choose at embassy stage..

The I129F was approved yesterday... and its quite horrible in a way, because we are now faced with a choice from the devil, its either stick with the CR1 and ignore the I129f OR

Take the ever so tempting K3 route.. arrrrgh why did they have to do this to us at this stage!!!

What would you guys do.. would it be silly to take the 129f now?

Just want some sane thoughts and advice really. Especially on the timeframe side of things, i'm don't have loads of money but i'm not too concerned on costs, coz they'll bloody get ya one way or the other in my opinion.

Thanks guys

You've paid NVC all the fees ($450) for immigrant visa processing, but now you are "tempted" to pay $100 more for a K3 visa instead plus $1030 for I-485 adjustment of status after they arrive here (not to mention a delayed "resident since")?

You know they are both going to take the same time at this point, so I think the I-129F is useless. In fact, I thought the rule was that once the I-130 is approved, the I-129F or K3 visa cannot or should not be approved because the purpose of a K3 visa is "to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa." [iNA 101(a)(15)(K)(ii)]

No brainer, the K3 is no longer appropriate, nor cost-effective or time-effective, must proceed with the immigrant visa.

CP

Your right, CR1 the whole way! So should i contact NVC about cancelling the I129f or sit tight??

[RandyandRina 2]

You do not have to do anything with your I-129F application. Just let it sit there.

Your right, CR1 the whole way! So should i contact NVC about cancelling the I129f or sit tight??

[JA Tam 7]

Your right, CR1 the whole way! So should i contact NVC about cancelling the I129f or sit tight??

I would call them and see what you should do to "cancel" the K3 petition.

[Chris Parker 11]

Your right, CR1 the whole way! So should i contact NVC about cancelling the I129f or sit tight??

Dept. of State doesn't have the authority to cancel or revoke the I129F approval. Rather, they can only deny a K3 visa if applied for or return the petition to USCIS.

Don't apply for a K3 visa. When you receive notification from the embassy about the K3 visa, you just need to respond that the I130 has already been approved and the immigrant visa application has already been submitted. That's all there is to it, and presumably the embassy will return the I129F to USCIS in order for the approval to be revoked.

That's what I would do anyway, can't promise it is the exact right thing to do, but hiding information or failing to respond to notices doesn't seem the right thing to do.

Edited August 30, 2007 by Chris Parker

[Urge To Race 2]

Mmm... I think you need to talk to NVC and see what their intentions are. If I129F was approved sooner, they would have held I-130 and K3 route would be "forced" on you, unless you fill out more paperwork, pay another $200 and wait another couple of months.

Considering that you sent them IV payment already (right?) and who knows if they received your approved I-129F yet... may be they will just hold I-129F for you (if you ask) and process I-130.

Which at this point would be better, because K3 is faster due to less time spent at NVC, but you almost served your NVC time.

I do not think there would be much difference (if any) at how quickly you get appointment at your embassy between K3 and CR-1 visa. But that is better asked from the embassy directly.

It would be USCIS that does the holding, not DOS. If NVC gets the petition, they will process and/or forward to consulate as appropriate.

I guess we should go for the CR1 visa eh... would it be really stupid to go on the K-3 and fly back to UK for the CR-1?? Is that even possible?

This is something worth thinking about. If your I129F gets to the embassy/consulate first, and your I130 does not arrive before the interview for the K3, you can certainly fly back for the CR-1 interview. This does involve the extra expense of flying back, but if you guys were planning a trip anyway (to see family, tie up loose ends) it would work well. If your I130 arrives before your K3 interview, and you have all of the requirements met (in terms of medical and docs, etc.) you can ask to have the CR-1 interview in place of the K3 interview.

You know they are both going to take the same time at this point, so I think the I-129F is useless. In fact, I thought the rule was that once the I-130 is approved, the I-129F or K3 visa cannot or should not be approved because the purpose of a K3 visa is "to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa." [iNA 101(a)(15)(K)(ii)]

No brainer, the K3 is no longer appropriate, nor cost-effective or time-effective, must proceed with the immigrant visa.

CP

Once an I130 is approved by USCIS, there is still the possibility of a long wait for the IV interview in addition to the extra NVC time. Depends on the country and consulate/embassy. It is possible that for some countries that the K3 interview would still happen months earlier even if the I130 only trails the I129F by a few days.

NikkisPrecious,

No need to do anything about the I129F yet. Wait for it to get sent to NVC and then to the consulate. Won't hurt anything and won't cost you anything unless you decide to actually pursue the K3 later. If you go to the CR-1 interview, you can tell the embassy that you are not pursuing the K3, and it will get kicked back and canceled then. Also, I have not done any research on UK, so I don't know. Have you looked at the wait time for the CR-1 interview versus K3? Is it significant enough for you to take into consideration?

[Mononoke28 135]

Definitely, go the CR1 route for sure since you're so close to being done. The worst that can happen is for the NVC to forward both cases to the embassy, once you go to the interview you can tell the CO that you want to interview for the CR1 visa and he/she will disregard the K3.

DO NOT go the K3 route, not only will you end up paying more money for AOS but the service centers are taking a lot longer to approve them since they are swamped with petitions. It's horrible.

Diana

[Chris Parker 11]

If your I130 arrives before your K3 interview, and you have all of the requirements met (in terms of medical and docs, etc.) you can ask to have the CR-1 interview in place of the K3 interview.

...

Once an I130 is approved by USCIS, there is still the possibility of a long wait for the IV interview in addition to the extra NVC time. Depends on the country and consulate/embassy. It is possible that for some countries that the K3 interview would still happen months earlier even if the I130 only trails the I129F by a few days.

...

If you go to the CR-1 interview, you can tell the embassy that you are not pursuing the K3, and it will get kicked back and canceled then.

Actually, this message prompted me to lookup what the rule actually was...

FEDERAL REGISTER CITE: 66 FR 19390

DATE OF PUBLICATION: April 16, 2001

DEPARTMENT OF STATE

22 CFR Part 41

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term "availability of an immigrant visa" in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act's provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

Edited August 30, 2007 by Chris Parker