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

[sami81 0]

I've just checked my case status online and both of my petitions (I-130 and I-129f) have been touched yesterday. Does this mean they'll couple them together?

btw, my I-130 case number wasn't uploaded till today, I've been trying to check its status for a month now but i used to get an error message whenever i checked it.

[Divine Mercy 0]

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.

I was not told this simply by the "misinformation" line. I was told my I129F was to be canceled by:

1. Misinformation line

2. RFE Trick

3. RFE Trick w/ supervisor

4. My senator was told the same via a letter from their congressional rep.

ALL SAID TERMINATED. I was approved 1/24/08

Two more cases in point. Deb and Mike

K-3 Visa

Event Date

Service Center : California Service Center

Consulate : Nigeria

Marriage : 2007-03-10

I-130 Sent : 2007-05-17

I-130 NOA1 : 2007-06-12

I-129F Sent : 2007-08-14

I-129F NOA1 : 2007-08-27

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2008-01-09

NO FEE PAID FOR I129F

Also a friend of mine who is not on VJ (but would be happy to come here to testify to this fact) No fee paid for I129F sent in after July 2007.. approved this month.

Maybe some actually are terminated. Definitely some are not.

[Divine Mercy 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

Nita I'm sorry you have been thru so much hell with the USCIS. It is unwarranted!! I don't think saying to lurking "how do you think I feel" makes matters any better for either of you although everyone is frustrated. Let's not turn on eachother, the USCIS is the cause, not Lurking. You are both going through hell. I don't think people understand the gravity of losing a K3 when dealing the the Nigerian embassy though. Yes Lurking is right it does take AT LEAST 7 months to get an interview in Nigeria (7-12 is more like it) but only one VJ case of a CR1 going thru Lagos has actually been approved (as far as I have seen.. haven't checked in the last two months) w/out going thru AP for 6-12 months. It is crucial for her to get the K3.

I do think it is good advice to let people know that I129Fs could be terminated. For many, taking the CR1 route is the best option and waiting for that K3 after an I130 makes it to the NVC is just wasted time. I kicked myself for not starting the CR1 proceedings after my I130 made it to the NVC. I felt that I had wasted four months. I don't regret getting it started and paying all the fees. I'm just too happy the K3 was approved. It makes the difference between a few months and at least a year if not two. We could all play the "how do you think i feel game" and give reasons. Fact is, it hurts all of us and our children.

We all have extenuating circumstances and reasons we need the person here. Our lives are riding on this process. Everything is on hold or up in the air waiting for the USCIS to finally say we can live again.

[Elbereth 0]

They can refuse to accept new K3 applications, but they can't cancel ongoing ones. It's ilegal.

[kobi1 0]

They can refuse to accept new K3 applications, but they can't cancel ongoing ones. It's ilegal.

Elbereth u re right, if they want to cancel any kind of application they should publicize it through media,and shouldn't affect ongoing petitions except the prospective ones, so people will be aware before they submit their application.that it how system works

[N360 0]

They can refuse to accept new K3 applications, but they can't cancel ongoing ones. It's ilegal.

Just curious... Why would it be illegal for them to cancel K3 applications? especially if they're cancelling it after I-130 approval?

[pushbrk 12,824]

They can refuse to accept new K3 applications, but they can't cancel ongoing ones. It's ilegal.

Just curious... Why would it be illegal for them to cancel K3 applications? especially if they're cancelling it after I-130 approval?

It's not illegal. It's some other bad things though.

For clarity though, USCIS doesn't deal with K3 applications. They deal with petitions. The Consulates deal with actual visa applications after petitions are adjudicated. A Consulate is actually required to cancel K3 visa applications when an immigrant case file (I-130) arrives on station before the K3 visa interview. This is a policy based on a bureaucrat's interpretation of law.

USCIS cancelling I-129F for spouse petitions when I-130's are already approved is simply another bureaucrat's interpretation of the same law.

[Elbereth 0]

Because they are changing the rules of a game that has already started.

I don't know about the law in the US, but in my country, the government wouln't dare do disrespect us like that, because we'd unleash the ###### fury on them.

It's actually surprising to me that US citizens, who have a bit of a fame of just starting law suits over anything are just taking this from USCIS with their heads down, without any warning, justifications or even an official comment on it. They are causing a drastic change in the process and leaving everyone without knowing what's going on. It's absurd.

I think this is blatant disrespect to US citizens and their spouses, and when (if) they do this to us, we're ###### sueing them.

[Elbereth 0]

USCIS cancelling I-129F for spouse petitions when I-130's are already approved is simply another bureaucrat's interpretation of the same law.

This is not what we are seing, though. We're seing I-130s geting approved while I-129Fs are being simultaneously canceled without any justification.

[pushbrk 12,824]

Because they are changing the rules of a game that has already started.

I don't know about the law in the US, but in my country, the government wouln't dare do disrespect us like that, because we'd unleash the ###### fury on them.

It's actually surprising to me that US citizens, who have a bit of a fame of just starting law suits over anything are just taking this from USCIS with their heads down, without any warning, justifications or even an official comment on it. They are causing a drastic change in the process and leaving everyone without knowing what's going on. It's absurd.

I think this is blatant disrespect to US citizens and their spouses, and when (if) they do this to us, we're ###### sueing them.

You've listed a number of bad things it is but it's not illegal.

[pushbrk 12,824]

USCIS cancelling I-129F for spouse petitions when I-130's are already approved is simply another bureaucrat's interpretation of the same law.

This is not what we are seing, though. We're seing I-130s geting approved while I-129Fs are being simultaneously canceled without any justification.

Semantics. In cases where the petitions are on the same desk, the I-130 is approved and I-129F is consecutively, not simultaneously administratively cancelled. Splitting hairs.

I'd like to hear some more about anybody who was told their I-129F was cancelled and then later got both an approval notice and an NVC case number.

[visaveteran1 33]

USCIS cancelling I-129F for spouse petitions when I-130's are already approved is simply another bureaucrat's interpretation of the same law.

This is not what we are seing, though. We're seing I-130s geting approved while I-129Fs are being simultaneously canceled without any justification.

Semantics. In cases where the petitions are on the same desk, the I-130 is approved and I-129F is consecutively, not simultaneously administratively cancelled. Splitting hairs.

I'd like to hear some more about anybody who was told their I-129F was cancelled and then later got both an approval notice and an NVC case number.

I am guessing the USCIS is able to bypass administrative law requirements because of the "no fee was paid for the I-129F" scenario and perhaps other technicalities concerning how things unfold after the I-130 is approved. Otherwise we'd have seen something posted on the USCIS web site. It seems the USCIS is being rather clever and sneaky about this matter thus far. Again, I'm guessing but this may be a means to play catch up after the chaos of July 2007 with the flood of petitions sent in to beat the fee increase.

[Enlighten one :) 5]

Thank you Divine for you support!

They can refuse to accept new K3 applications, but they can't cancel ongoing ones. It's ilegal.

Yes I agree with you. I followed their directions. The cannot terminate my case for any reason that is not stated. I could take them to court. Not that I would.

[Elbereth 0]

I wish the people who are having their I-129F canceled would update their timelines maybe deleting the I-129F date... it's causing a distortion in the timeline estimates.

[Enlighten one :) 5]

pushbrk you are giving out adamantly giving out false information. To tell me that I have no chance of getting the K3 was inconsiderate at best let alone inaccurate. We are here to share our experiences, but I do not believe this was yours. I can see you say you heard, but you have not seen.

First off, it has been common for them to approve both the petitions at the same time and store the I130 then forward the I129f to the NVC. I have seen more then ten cases that both petitions were approved together and they went the I129f. Hours of research in forums taking not of everyone’s timelines.

The Divine gave you examples of other people being approved. They cannot legally cancel a petition they offered me for any reason other then denying me. I will not let them get away with it if they do.

USCIS cancelling I-129F for spouse petitions when I-130's are already approved is simply another bureaucrat's interpretation of the same law.

This is not what we are seing, though. We're seing I-130s geting approved while I-129Fs are being simultaneously canceled without any justification.

Semantics. In cases where the petitions are on the same desk, the I-130 is approved and I-129F is consecutively, not simultaneously administratively cancelled. Splitting hairs.

I'd like to hear some more about anybody who was told their I-129F was cancelled and then later got both an approval notice and an NVC case number.