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duey

I-130 Questions and K3

By duey in IR-1 / CR-1 Spouse Visa Process & Procedures

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duey Explorer

duey   0

Posted
Filed: K-3 Visa Country: Nigeria
 Timeline
Posted

Hi and thanks in advance for your input.

A friend of mine is about to begin to file a petition for his wife. Is he supposed to file an I-130 petition for his wife and a separate one for her child. Or should he file just one I-130 listing his wife's child and then when he files for K-3 he can file a K-4 in conjunction.

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I-130

1/3/06: Mailed Petition CSC

1/4/06: Package received per fedex.com

1/12/06: NOA 1

2/3/06: Touched

5/2/06: Received email notification that petition approved on 5/1/06

5/5/06: Received NOA 2 via snail mail

5/17/06: NVC issues case #

I-129F - K3

1/31/06: Mailed Petition to Chicago

2/3/06: Received

2/7/06: NOA 1

4/17/06: NOA 2 - Notified by email; petition approved on April 13th

4/20/06: Received NOA 2 via snail mail

5/19/06: Still waiting on NVC to receive approved 129-F....(what's the hold up)

6/10/06: Involved congress person

6/19/06: Rec'd letter stating that inquiry was made to both NVC and USCIS regarding status of my petition

6/21/06: Travelled to go see my better half (boy was I excited)

7/3/06: Left my love once again (hopefully we shall see eachother soonest)

7/10/06: Followed up with congress person

7/10/06: Notified case was sent to the wrong place (go figure...how does it take 90 days to push paper from one location to the next) and has now been forwarded to NVC

7/18/06: NVC received case and has now issued a case number

7/20/06: NVC forwarded case to embassy

7/28/06: Lagos embassy confirms receipt of case into system

8/1/06: Pick up packet 3 and 4

8/25/06: Interview Date

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MrsBruce5 Rising Star

MrsBruce5   0

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
Posted

Hi...

He should do an I-130 for each person coming...

and then if he decides to go the K3 and K2 route, I-129's are needed to be filed. They can be filed ONLY after receiving the NOA2 (approval notice) for each petitioned immigrant.

Good Luck on your journey !

All The Best,

Rose

"I have spread my dreams under your feet

Tread softly because you tread on my dreams"

-Yeats

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aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

From FAQ at the top of the page

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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simple_male Experienced

simple_male   1

Posted
Filed: IR-1/CR-1 Visa Country: Bangladesh
 Timeline
Posted
From FAQ at the top of the page

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.

One Note: To file I-129F, you only need the NOA-1 photocopy of I-130. NOA-1 is known as I-797C, a notice sent by USCIS which would tell you that USCIS have received your I-130 and USCIS would let you know, as soon as the precessing of your application is complete.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

Rose,

Point of clarification - "I-129's" are not needed, I-129f is needed and only one of them for the spouse. The child will be a K4, not a K2.

Yodrak

Hi...

He should do an I-130 for each person coming...

and then if he decides to go the K3 and K2 route, I-129's are needed to be filed. They can be filed ONLY after receiving the NOA2 (approval notice) for each petitioned immigrant.

Good Luck on your journey !

All The Best,

Rose

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MrsBruce5 Rising Star

MrsBruce5   0

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
Posted

Thanks Yodrak...

I was tired when I posted that last night, thus my K2/K3 confusion. My apologies to the OP. Yikes !!!

And I didn't know that about the I-129-thanks for getting me sorted on that.

Have a good day, and again to the OP:

Sorry ! I should know better than to answer q's at that hour !

-Rose

"I have spread my dreams under your feet

Tread softly because you tread on my dreams"

-Yeats

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