Need help and advice... Should I go for K3 or stay put with I-130?

[calamitka 0]

Names SC I-130 I-129F I-129F I-130

NOA1 NOA1 NOA2 NOA2

KD & AB California SC 7/26/2007 8/25/2007 2/13/2008 2/13/2008

ax & axel Texas SC 7/12/2007 9/21/2007 2/1/2008 2/1/2008

suany & bob California SC 6/26/2007 8/27/2007 1/30/2008 1/30/2008

Thawai & Don California SC 6/20/2007 7/24/2007 1/30/2008 1/30/2008

Dora & Jamie California SC 5/18/2007 7/12/2007 1/30/2008 1/30/2008

Lucie & Greg California SC 7/19/2007 7/25/2007 1/29/2008 1/29/2008

Lanre & Kath Vermont SC 6/21/2007 7/2/2007 1/24/2008 7/16/2007

Natasha & California SC 6/19/2007 7/6/2007 1/23/2008 1/23/2008

Yijin California SC 6/19/2007 7/6/2007 1/17/2008 1/17/2008

chioma California SC 6/20/2007 7/10/2007 1/15/2008 1/15/2008

Ose & Crystal California SC 6/11/2007 7/30/2007 1/15/2008 1/15/2008

Gloria & KeithCalifornia SC 6/7/2007 8/27/2007 1/11/2008 1/11/2008

Nab & Em California SC 5/25/2007 5/25/2007 1/10/2008 1/10/2008

Adewunmi California SC 6/12/2007 8/27/2007 1/9/2008 1/9/2008

Acsah & Jake California SC 5/24/2007 6/7/2007 1/9/2008 1/9/2008

Jaser & RhondaCalifornia SC 6/6/2007 7/28/2007 1/9/2008 1/9/2008

Kamal & ManmitCalifornia SC 6/20/2007 7/7/2007 1/8/2008 1/8/2008

N. & Mohammad Vermont SC 7/7/2007 7/19/2007 12/28/2007 12/28/2007

GM & PM California SC 7/12/2007 8/6/2007 12/19/2007 12/19/2007

mari & jody Texas SC 7/13/2007 8/16/2007 12/18/2007 12/3/2007

Waleed & California SC 6/18/2007 7/23/2007 12/14/2007 12/14/2007

A & G California SC 7/6/2007 8/8/2007 12/14/2007 12/14/2007

DILI & JR California SC 5/24/2007 6/4/2007 12/13/2007 12/13/2007

Wendy & John California SC 5/22/2007 6/28/2007 12/13/2007 12/13/2007

Farah & Tariq Texas SC 6/25/2007 12/13/2007 12/13/2007

mari & jody Vermont SC 7/13/2007 8/16/2007 12/12/2007 12/3/2007

Mari & Michel California SC 7/26/2007 8/10/2007 12/11/2007 12/11/2007

Predrag & Dij California SC 7/13/2007 7/26/2007 12/10/2007 12/10/2007

elisa & kerry California SC 6/14/2007 7/25/2007 12/10/2007 12/10/2007

my love & me California SC 7/26/2007 8/14/2007 12/7/2007 12/7/2007

This above are examples of aproved I-129 having NOA1 date, after 30 of Julay.

But NOA1 is NOT IMPORTANT !!! Important is SENDING DATE.

I checked only 7 first sending datesof I -129F

KD&AB - 7.16.07

ax&axe - 7.14.07

suany&bob - 7.24.07

Thawai&Don - 6.29.07

Dora&Jamie -7.06.07

Lucie&Greg -7.23.07

Lanre&Kathryn -7.01.07

I think I may not have to checking the rest.

[Nita&Assaad 0]

K3 is still a viable visa. There has not been one viable documented proof that the USCIS is terminating K3 visa. That is a rumor that has been provd wrong several times with documentation. I am still pursuing my K3 even though my I130 has been approved since September.

You need to research your interviewing embassy. After I realized that the Nigerian embassy was only taking few CR1/I130 interviews, I decided to see how long it takes to get that interview. 7 months for a cr1 interview. plus the our embassy is more picky and seem to require more when you are going for a cr1. Research your embassy before you make your decision.

some embassy are quick and painless when it comes to a I130/CR1. it all depends.

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

Lurking... K-3 visa is being terminated by USCIS as of July 2007...It's not a rumor. There are new guidelines that were put into effect that have not been communicated to everyone yet, but it's a fact! By USCIS cancelling tons of K-3 visas....including ours.

[Enlighten one :) 5]

Sending date has no barring on the USCIS. You could have sent it January 2006, but the NOA1 date is February 2007. Your time starts when the USCIS receives the petition.

Names SC I-130 I-129F I-129F I-130

NOA1 NOA1 NOA2 NOA2

KD & AB California SC 7/26/2007 8/25/2007 2/13/2008 2/13/2008

ax & axel Texas SC 7/12/2007 9/21/2007 2/1/2008 2/1/2008

suany & bob California SC 6/26/2007 8/27/2007 1/30/2008 1/30/2008

Thawai & Don California SC 6/20/2007 7/24/2007 1/30/2008 1/30/2008

Dora & Jamie California SC 5/18/2007 7/12/2007 1/30/2008 1/30/2008

Lucie & Greg California SC 7/19/2007 7/25/2007 1/29/2008 1/29/2008

Lanre & Kath Vermont SC 6/21/2007 7/2/2007 1/24/2008 7/16/2007

Natasha & California SC 6/19/2007 7/6/2007 1/23/2008 1/23/2008

Yijin California SC 6/19/2007 7/6/2007 1/17/2008 1/17/2008

chioma California SC 6/20/2007 7/10/2007 1/15/2008 1/15/2008

Ose & Crystal California SC 6/11/2007 7/30/2007 1/15/2008 1/15/2008

Gloria & KeithCalifornia SC 6/7/2007 8/27/2007 1/11/2008 1/11/2008

Nab & Em California SC 5/25/2007 5/25/2007 1/10/2008 1/10/2008

Adewunmi California SC 6/12/2007 8/27/2007 1/9/2008 1/9/2008

Acsah & Jake California SC 5/24/2007 6/7/2007 1/9/2008 1/9/2008

Jaser & RhondaCalifornia SC 6/6/2007 7/28/2007 1/9/2008 1/9/2008

Kamal & ManmitCalifornia SC 6/20/2007 7/7/2007 1/8/2008 1/8/2008

N. & Mohammad Vermont SC 7/7/2007 7/19/2007 12/28/2007 12/28/2007

GM & PM California SC 7/12/2007 8/6/2007 12/19/2007 12/19/2007

mari & jody Texas SC 7/13/2007 8/16/2007 12/18/2007 12/3/2007

Waleed & California SC 6/18/2007 7/23/2007 12/14/2007 12/14/2007

A & G California SC 7/6/2007 8/8/2007 12/14/2007 12/14/2007

DILI & JR California SC 5/24/2007 6/4/2007 12/13/2007 12/13/2007

Wendy & John California SC 5/22/2007 6/28/2007 12/13/2007 12/13/2007

Farah & Tariq Texas SC 6/25/2007 12/13/2007 12/13/2007

mari & jody Vermont SC 7/13/2007 8/16/2007 12/12/2007 12/3/2007

Mari & Michel California SC 7/26/2007 8/10/2007 12/11/2007 12/11/2007

Predrag & Dij California SC 7/13/2007 7/26/2007 12/10/2007 12/10/2007

elisa & kerry California SC 6/14/2007 7/25/2007 12/10/2007 12/10/2007

my love & me California SC 7/26/2007 8/14/2007 12/7/2007 12/7/2007

This above are examples of aproved I-129 having NOA1 date, after 30 of Julay.

But NOA1 is NOT IMPORTANT !!! Important is SENDING DATE.

I checked only 7 first sending datesof I -129F

KD&AB - 7.16.07

ax&axe - 7.14.07

suany&bob - 7.24.07

Thawai&Don - 6.29.07

Dora&Jamie -7.06.07

Lucie&Greg -7.23.07

Lanre&Kathryn -7.01.07

I think I may not have to checking the rest.

[Enlighten one :) 5]

I give up! Where is your terminated petition? Where is one shred of documentation stating this information?

If it is not documented it is not true. Divine Mercy was told by 3 different USCIS people that her case was going to be terminated. She pulled her approved CR1 out of storage. Started the petition, paid all the NVC fees. Forgot about her K3 Visa then bam she received an email from USCIS that her I129f petition was approved. Now she is going the K3 route despite the fact that she paid all her fees at the NVC.

I posted 3 people who had approved K3 after an approved I130. It is just not common to have a late I129f because it should be in with in weeks after the reciept of your I130.

K3 is still a viable visa. There has not been one viable documented proof that the USCIS is terminating K3 visa. That is a rumor that has been provd wrong several times with documentation. I am still pursuing my K3 even though my I130 has been approved since September.

You need to research your interviewing embassy. After I realized that the Nigerian embassy was only taking few CR1/I130 interviews, I decided to see how long it takes to get that interview. 7 months for a cr1 interview. plus the our embassy is more picky and seem to require more when you are going for a cr1. Research your embassy before you make your decision.

some embassy are quick and painless when it comes to a I130/CR1. it all depends.

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

Lurking... K-3 visa is being terminated by USCIS as of July 2007...It's not a rumor. There are new guidelines that were put into effect that have not been communicated to everyone yet, but it's a fact! By USCIS cancelling tons of K-3 visas....including ours.

[Enlighten one :) 5]

Sorry, I didn't mean to sound so curt in my last post. I guess I am just getting frustrated.

Because I have to believe that my K3 is going to be approved when it is our time. If I go the CR 1 route my husband will not be here for another 8 months.

So please accept my appology.

[pushbrk 12,824]

When the K3 Visa was incorporated to assist married spouse to reunite during the I130 approvals. That is why they use the term "pending". To make sure that know one skips the I130 and just submits a petition for the K3 visa. The uscis looks like it is trying to eliminate a step of working on 1 person’s case on two separate occasions.

I called USCIS and they never stated that my I129f was going to be cancled. They stated that they go in order and mine will not come up for a while yet. That was a month ago.

[

I appreciate the list but you'll notice with the rare exception the petition approval dates are the same for both petitions. This is what we've been expecting to see for the last year but the stated policy was to hold the I-130 and forward the I-129F.

What we've been seeing on I-130 approvals (in the present tense) for the last six to eight weeks, is that adjudication is completed on both petitions as expected but the service is administratively cancelling the I-129F, if no fee was paid. I've only seen one exception.

Perhaps I wasn't clear enough about this being a recent development. Petitions approved before this development were not administratively cancelled.

If the service approves an I-129F for spouse that is submitted after the I-130 is is approved, it is a violation of law and their own policies. (most likely inadvertent)

I hope they see the error of their ways and stop the administrative cancellations because it is a real pain for those who actually want K4 visas for children and haven't filed I-130's for the child.

As for the USCIS operator on the misinformation line, we call it that for a reason.

[pushbrk 12,824]

Sorry, I didn't mean to sound so curt in my last post. I guess I am just getting frustrated.

Because I have to believe that my K3 is going to be approved when it is our time. If I go the CR 1 route my husband will not be here for another 8 months.

So please accept my appology.

You don't need to apologize to me. If you have to believe that, believe it. I don't. You may want to read about the recent thread where the I-129F was rejected because the I-130 was no longer pending. It's been in the last month or so. Those too are very rare because it could only happen when the I-129F is filed several months after the I-130.

[Nita&Assaad 0]

Sorry, I didn't mean to sound so curt in my last post. I guess I am just getting frustrated.

Because I have to believe that my K3 is going to be approved when it is our time. If I go the CR 1 route my husband will not be here for another 8 months.

So please accept my appology.

Well how do you think I feel??????????? I submitted my I-130 when I was a PR (November 2006), then once I became a US citizen (also a USCIS delay-took 15 months to finally get an approval) on July 24, 2007 I called to upgrade it and since I was already IN-LINE, the process continued with preliminary work already been done on my I-130. But no they advise I submit I-129F (K-3 Visa) to be process to bring my husband here sooner and guess what happen?!?!??! Now I have to wait as well, how do you think I am feeling Lurking??? I haven't seen my husband in 1 year and 2 months!!! And my K-3 visa was Cancelled, and I kept calling the USCIS pleading to please open my I-129F and they said yes at first, then NO that it was cancelled!!! So Now that is why I am sending letters to EVERYONE like CRAZY... So if you get your K-3 process and approved great for you... And I wish you tons of luck!!!

Nita

[N360 0]

Lurking,

Like I've said before, there's no official statement from USCIS about K3 cancellations. But just because there's none, doesnt make it untrue.

I am so glad I found this site because it helps me to know what people out there in similar situations are experiencing.

I was one of the first people that got their K3 cancelled. If I was filing now, and based on what I can read on this forum, I wouldnt file it. But that's me.

That's all I am doing here, sharing my experiences and maybe it can help someone make an informed decision. I am definitely not here to "convince" people to do things a certain way.

People can believe whatever they want. People have to make up their own minds. No hard feelings. Promise.

[Nita&Assaad 0]

Sorry, I didn't mean to sound so curt in my last post. I guess I am just getting frustrated.

Because I have to believe that my K3 is going to be approved when it is our time. If I go the CR 1 route my husband will not be here for another 8 months.

So please accept my appology.

Well how do you think I feel??????????? I submitted my I-130 when I was a PR (November 2006), then once I became a US citizen (also a USCIS delay-took 15 months to finally get an approval) on July 24, 2007 I called to upgrade it and since I was already IN-LINE, the process continued with preliminary work already been done on my I-130. But no they advise I submit I-129F (K-3 Visa) to be process to bring my husband here sooner and guess what happen?!?!??! Now I have to wait as well, how do you think I am feeling Lurking??? I haven't seen my husband in 1 year and 2 months!!! And my K-3 visa was Cancelled, and I kept calling the USCIS pleading to please open my I-129F and they said yes at first, then NO that it was cancelled!!! So Now that is why I am sending letters to EVERYONE like CRAZY... So if you get your K-3 process and approved great for you... And I wish you tons of luck!!!

Nita

oohhh one more thing, I did pay my fee for I-129F(I send it on 7/24; USCIS rec. 7/28 - But USCIS didn't put it in their system until 8/1; therefor missing the 7/30 deadline in their eyes) the fee was returned to me and my I-130 is yet to be approved. So you see, you should be happy that your I-130 was approved and be happy... Try to stay patient and understand that we are on this site for support and understanding....

Peace

Nita

[Enlighten one :) 5]

This is from the USCIS website. last updated on 7/30/2007

I have shown you profen individuals that have approved I129f and Approved I130 that have stored their I130 and are moving forward on their I129F.

I have showed you people who had approved I130 and then their I129f was approved. And now I am showing you documentation from the USCIS that the I129f can be used to bring my husband into the country as a non imagrant as long as I show proof that I submitted an I130.

Now you show me documentation that states differently or a scanned letter from the USCIS stating that your petition was terminated.

From THe USCIS website:USCIS page with pdf document

Who May File This Form I-129F.

You may file this petition if:

1. You are a U.S. citizen, and

2. You and your fiancé(e) intend to marry within 90 days ofyour fiancé(e) entering the United States, and are both freeto marry, and have met in person within two years beforeyour filing of this petition unless:

B. It is established that the requirement topersonally meet your fiancé(e) would result inextreme hardship to you.

ORC. You wish to have your spouse enter as anonimmigrant. See Item 8, How Do You Use ThisForm for Your Spouse Seeking Entry Using a K-3Visa, on Page 4.NOTE: Unmarried children of your fiancé(e) or spousewho are under 21 years of age and listed on this form willbe eligible to apply to accompany your fiancé(e) or spouse.

Page 4

8. How Do You Use This Form for Your SpouseSeeking Entry With a K-3 Visa?

This form may be used to obtain a K-3 visa for your alienspouse. Fill out the form as directed, except assume that"fiancé" or "fiancé(e)" means "spouse." Answer QuestionsB.17 and B.18 by stating "N/A." Note that filing this formis only necessary to facilitate the entry of your spouse as anonimmigrant.

You must submit the documents required in Items 1, 2 and4 of the instructions, but may omit the documents requiredin Item 3. In addition, U.S. citizens petitioning for K-3visas for their alien spouses must also include evidencethat they have filed Form I-130, Petition for AlienRelative, on behalf of the alien spouse listed on this form,and a marriage certificate evidencing the legal marriage between the citizen and alien.

8. How Do You Use This Form for Your Spouse Seeking Entry With a K-3 Visa?

This form may be used to obtain a K-3 visa for your alien spouse. Fill out the form as directed, except assume that "fiancé" or "fiancé(e)" means "spouse." Answer QuestionsB.17 and B.18 by stating "N/A." Note that filing this form is only necessary to facilitate the entry of your spouse as a nonimmigrant.

You must submit the documents required in Items 1, 2 and4 of the instructions, but may omit the documents required in Item 3. In addition, U.S. citizens petitioning for K-3visas for their alien spouses must also include evidence that they have filed Form I-130, Petition for Alien Relative, on behalf of the alien spouse listed on this form, and a marriage certificate evidencing the legal marriage between the citizen and alien.

9. Mandatory Tracking of Multiple Petitions andDissemination of Information Pamphlet.

The International Marriage Broker Regulation Act requires USCIS to maintain a database to track repeated petitions for K visas. Upon approval of a second petition for a K-1or K-3 visa filed by the same U.S. citizen petitioner, USCIS will notify the petitioner that information concerning the petitioner has been entered into a multiple visa petition tracking database. USCIS will enter all subsequent K-1 or K-3 petitions filed by that petitioner into the database. When a subsequent petition for a K-1 orK-3 visa petition has been filed less than ten years after the date the first petition was filed, USCIS will notify both the petitioner and the beneficiary of the number of previously approved petitions listed in the database. USCIS will also send the beneficiary a pamphlet containing information on legal rights and resources for immigrant victims of domestic violence.

[calamitka 0]

Five Stages of Grief

Denial: "It can't be happening."

Anger: "Why me? It's not fair."

Bargaining: "Just let me ...

Depression: "I'm so sad, why bother with anything?"

Acceptance: "It's going to be OK."

I don't want offend you by above quotation it is just the pattern for human being behaviors.

I want only to say there is no FORMAL POLICY about cancelling K3, non of us(who got I-129 administ. close) has such a letter, and MOST of us are not happy that it HAPPENED.

I really wish you good luck, this all process IS extremely unfair, too long....

[Enlighten one :) 5]

Nah! I am not offended. Through GOD all is possible! We Cant go on to the next step of the process because my lawyer is taking sweet as time releasing our paperwork, since I fired him.

I have seen 3 people approved! If USCIS is going to close something or cancle something, they would send notification or post the new guidelines on the website.

[bombay 0]

I-130 is the best way to go in many cases they both end up completed around the same time or in my case i-130 was before the k3

and you dont have to go thru the whole AOS process

best of luck.

[pushbrk 12,824]

Nah! I am not offended. Through GOD all is possible! We Cant go on to the next step of the process because my lawyer is taking sweet as time releasing our paperwork, since I fired him.

I have seen 3 people approved! If USCIS is going to close something or cancle something, they would send notification or post the new guidelines on the website.

They should notify us when they change their procedures but this time they didn't. They do make mistakes such as the three exceptions you noted. Maybe they'll see the error of their ways and go back to the November 2006 procedures but right now, I wouldn't be counting on a K3 visa if I were in your shoes. Please do keep us posted though. That's the only way we know about the administrative cancellation policy being used right now.