is this normal time frame for DCF? need opinion

[gakkuken 0]

hi guys;

i submitted my paper work to my law firm and they overnight the paper work USCIS, then the was delivered on 11/19/2007. the law firm made a called to USCIS, and this is what the answer:

"The reason for the delay of processing applications/petition is due to the heavy volume of applications/petitions filed recently with USCIS because of the fee increase in effect. I informed the officer that the check has not been cashed and that I am trying to locate the file to see if they have actually received it. The officer informed that if the check has not been cashed yet means that the USCIS has not yet posted into their system of received application. Therefore, he continued, we must give the USCIS at least 3 months before we can inquire about the case. He says that some cases may take up to 15 weeks before the USCIS begins the process of an application/petition packet.

Since this case is delivered on November 19, 2007; the officer further adds, and if the check has not been cleared by approximately at the end of February 2008, call back to inquire about the case."

is this normal? should i go ahead and file K3 for my wife right at this moment? thanks

rod

[payxibka 10,045]

hi guys;

i submitted my paper work to my law firm and they overnight the paper work USCIS, then the was delivered on 11/19/2007. the law firm made a called to USCIS, and this is what the answer:

"The reason for the delay of processing applications/petition is due to the heavy volume of applications/petitions filed recently with USCIS because of the fee increase in effect. I informed the officer that the check has not been cashed and that I am trying to locate the file to see if they have actually received it. The officer informed that if the check has not been cashed yet means that the USCIS has not yet posted into their system of received application. Therefore, he continued, we must give the USCIS at least 3 months before we can inquire about the case. He says that some cases may take up to 15 weeks before the USCIS begins the process of an application/petition packet.

Since this case is delivered on November 19, 2007; the officer further adds, and if the check has not been cleared by approximately at the end of February 2008, call back to inquire about the case."

is this normal? should i go ahead and file K3 for my wife right at this moment? thanks

rod

Your profile indicates direct consulate filing (DCF) but your explanation indicates normal USCIS filing. Without proof of the I-130 filing you cannot proceed with the K-3 petition.

Edited January 28, 2008 by fwaguy

[YuAndDan 153]

Did you file the I-130 directly to the consulate or embassy? You cannot do K-3 unless you get an NOA1 letter from USCIS, and you wont get a NOA1 if you filed the petition at the consulate (DCF)

Another thing, CR-1 (I-130 only) takes about 1 month longer to process through Guangzhou consulate than K-3, so you may want to just stick with the I-130 filing and not do the I-129F for the K-3. (Compare timelines)

Lawyers LOVE K-3, they can charge extra for the I-129F filing, and like to charge more when the K-3 enters the USA and files to adjust status.

CR-1 results in green-card upon entry allowing work. K-3 in not work auth, and requires adjustment of status $1010, and can take 3 or more months to get EAD, all that time no able to do things like get driver's license, or SSN.

Lastly you may be interested in "A Candle for Love" that site specializes in Chinese immigrations issues. http://candleforlove.com CFL is the best site to prepare for the visa interview.

http://www.visajourney.com/timeline/profile.php?id=44482

[gakkuken 0]

Your profile indicates direct consulate filing (DCF) but your explanation indicates normal USCIS filing. Without proof of the I-130 filing you cannot proceed with the K-3 petition.

thanks for the reply... i thought the process i'm filing is DCF, that's why i listed that in my profile. maybe i'm a little confused right now, but either way i'm stuck until the I-130 gets started correct?

[YuAndDan 153]

Your profile indicates direct consulate filing (DCF) but your explanation indicates normal USCIS filing. Without proof of the I-130 filing you cannot proceed with the K-3 petition.

thanks for the reply... i thought the process i'm filing is DCF, that's why i listed that in my profile. maybe i'm a little confused right now, but either way i'm stuck until the I-130 gets started correct?

Correct, You need NOA1 letter in-order to start the K-3, and again consider sticking to the I-130 and forgoing the K-3, as I stated above K-3 can cost you a pile of $$ and MAY save you a month or so.

Change your profile to show either filed for CR-1 or K-3 by following this link: http://www.visajourney.com/forums/index.ph...rCP&CODE=01

And please start a timeline.

[gakkuken 0]

thanks for all the quick reply!! really appreciated, timeline is created.

i just didn't think a simple receipt from USCIS will this more than 2 months+

[YuAndDan 153]

thanks for all the quick reply!! really appreciated, timeline is created.

i just didn't think a simple receipt from USCIS will this more than 2 months+

Yep, USCIS is backlogged due to the rate increase last summer.

This is not the end of the wait, after petition goes through NVC, and is sent on to Guangzhou you will wait 3-4 months for the consulate to "Receive" it, the paperwork makes it to China fairly quick, but the consulate puts them in storage until they are ready to work on it, at that time they "receive" it.

After it is received by GUZ, it takes 1-2 months to get interview scheduled.

Again, join CFL and get to know all about what to expect at the consulate, many enter that consulate un-prepared and end up getting the dreaded blue-slip or worse the deadly white-slip.

[gakkuken 0]

i think this board brings me good luck, b/c after my post yesterday, i got the receipt from USCIS. thanks again, as most of you guy's opinion, just stick to the direct consular filing instead of k3 right?

[payxibka 10,045]

i think this board brings me good luck, b/c after my post yesterday, i got the receipt from USCIS. thanks again, as most of you guy's opinion, just stick to the direct consular filing instead of k3 right?

You are not doing direct consulate filing... DCF is where you file the I-130 directly with the consulate in your spouse's home country... You filed with the USCIS not the consulate... important difference