Comments on the K-3 Situation

[immillpind 0]

There may have been the rare I-130 that took a year to get approved by USCIS, and many CR1 visa timelines from submission to visa were a year or more but you seem to be confusing petition approval with getting a visa.

Average I-130 approvals were faster in 2006 than in 2007. Three to four months was the norm in 2006. The November 2006 change in policy is one factor in the slow-down but there are a couple other major factors like an unexplained May and June slowdown in NOA1 issuance and the July rush in filing.

What you haven't done is compare I-130 approvals where no I-129F petition was filed to the cases where both petitions wer filed. For instance if Bill and Jane are going the CR1 route and file in May, you'll see their petitions approved in three or four months. Their neighbors Jim and Mary going the K3 route file the I-130 the same day but don't get their NOA1 for three months (or more). They then file the I-129F and 4 months later get their approval. Ask Jim and Mary if filing the I-129F slowed their I-130 approval. Remember, they watched Bill and Jane's petition get improved three months faster. Jane and Mary both arrived in the USA last week but Jane can begin her new job April first, while Mary an dJim will have to pay $1010 and wait for the EAD and SSN. Maybe she can plan to work in July. Those of us here and watching closely, say Bill and Jane and Jim and Mary experience this and remember it well.

(

It's always dangerous to approach facts and statistics with the intention to support a predetermined analysis.

In November, 2006 USCIS and DOS put their heads together and announced they would effectively do away with the process that allowed petitioners to have both a CR1 and K3 process proceed through the system simultaneously and choose the winner. On paper, they said you could "clearly indicate" you would use the Consular process and get both petitions forwarded to NVC but in practice they simply ignored the requests in cover letters and even big red sharpie notes on the petitions themselves. This policy remains ongoing. From it comes the advice, "If you want an immigrant visa, don't file an I-129F."

They, USCIS, CAN and DO take actions that reasonable people would interpret as illegal or certainly against the spirit and intention of laws governing the visa process. They do it no matter how aggresively others cry "YOU CAN"T DO THAT!" Fighting them on these things can be successful but can also take many months to years, by which time relatives usually arrive through the process being protested.

It looks like, what I suspect are members of Congress, got USCIS's attention on the K3 petition closure issue and things are back on the track in place since November 2006. That change left a lot of petitioners in the lurch but we haven't heard much about how they resolved their issues.

One year ago it was taking 1 year to get an approved I130 petition. Now it take 3-5 month to get an approved petition. hhhhmmm

Now that they have changed the process to combine the petition it is going much more faster.

The proof has been posted a bazillion times.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

The above press release along with all the timeline information showing I-130 and I-129F being approved the same day even when the petitions were filed 3 to 5 months apart is proof enough.

Before Nov. 06 the two petitions were processed independently at separate service centers. NBC (MSC) was the only center processing I-129F for spouse. The I-130's were processed in CA and VT and had their own queue independent of the I-129F. Once the service centers were up to speed with the new policy (see link above) not only did the pick the winner (or change your mind and pick the loser) scenario die but the I-130 was handicapped by the I-129F filing. The I-130's were taken out of their queue and put in the I-129F for spouse queue, effectively losing their place in line.

This comment is similar to something I posted here a while back regarding what priority date is used for those petitioning for K3 - I'll repeat a bit as this is also an observation to what is being said here.

Many are saying or implying that an I-130 filed for CR1/IR1 is processed sooner than an I-130 filed for K3 (and later followed by an I-1129F, of course) - i.e. that if you file the I-129F four months after the I-130, that your I-130 will processed four months later than those who have filed an I-130 alone for CR1. The actual approvals we are seeing right now, do not support this at all. It appears that the big bunch of I-130/I129F approvals (petitions for K3) that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later) At this point in time it appears they are using the priority date from the I-130. Now go and look at the recent approvals of I-130's for CR1/IR1...they appear exactly the same - the recent approvals are from August, too!

I think there is a huge misconception out there that filing an I129F takes your I130 "out of the queue" and back in from the date of their I-129F and that an I-130 petitioning for an CR1, will be approved much sooner than if petitioning for a K3. I understand that I-130 approvals for K3 are no longer faster, but let's be clear! Recent approvals clearly show, it does NOT delay processing the I130.

(Now, what happens from the time of approval, is an entirely different story....for instance in my spouse's country, two couple with I-130's filed the same day and approved the same day - one petitioning for K3 and one for I-130 - The person will have a K-3 in hand close to a year sooner than the person receiving a CR1.)

I completely concur that there are many, many individual factors that determine which visa is right for an individual couple - do your research and determine which visa is best for you and petition for it!!!!! What I find disconcerting is when , I read on these forums (not necessarily or specifically on this thread) that people who really do want a K3, are concluding (or in some cases told!!) that filing an I-129F will delay approval of I-130.

Annie & Tim

This is exactly what happened to me. I planned to file K3, but after reading on VJ I decided not to because many users were reporting K3 as a cancelled visa or if I-129F was filed it would slow down I-130. So I decided to wait, and it’s been about 3 weeks since I received my I-130 NOA1, and now it appears the K3 visa is back. Have I wasted 3 weeks?

I don’t really care if its immigrant/ non-immigrant, or about the money, I just want the quickest route.

[pushbrk 12,882]

There may have been the rare I-130 that took a year to get approved by USCIS, and many CR1 visa timelines from submission to visa were a year or more but you seem to be confusing petition approval with getting a visa.

Average I-130 approvals were faster in 2006 than in 2007. Three to four months was the norm in 2006. The November 2006 change in policy is one factor in the slow-down but there are a couple other major factors like an unexplained May and June slowdown in NOA1 issuance and the July rush in filing.

What you haven't done is compare I-130 approvals where no I-129F petition was filed to the cases where both petitions wer filed. For instance if Bill and Jane are going the CR1 route and file in May, you'll see their petitions approved in three or four months. Their neighbors Jim and Mary going the K3 route file the I-130 the same day but don't get their NOA1 for three months (or more). They then file the I-129F and 4 months later get their approval. Ask Jim and Mary if filing the I-129F slowed their I-130 approval. Remember, they watched Bill and Jane's petition get improved three months faster. Jane and Mary both arrived in the USA last week but Jane can begin her new job April first, while Mary an dJim will have to pay $1010 and wait for the EAD and SSN. Maybe she can plan to work in July. Those of us here and watching closely, say Bill and Jane and Jim and Mary experience this and remember it well.

(

It's always dangerous to approach facts and statistics with the intention to support a predetermined analysis.

In November, 2006 USCIS and DOS put their heads together and announced they would effectively do away with the process that allowed petitioners to have both a CR1 and K3 process proceed through the system simultaneously and choose the winner. On paper, they said you could "clearly indicate" you would use the Consular process and get both petitions forwarded to NVC but in practice they simply ignored the requests in cover letters and even big red sharpie notes on the petitions themselves. This policy remains ongoing. From it comes the advice, "If you want an immigrant visa, don't file an I-129F."

They, USCIS, CAN and DO take actions that reasonable people would interpret as illegal or certainly against the spirit and intention of laws governing the visa process. They do it no matter how aggresively others cry "YOU CAN"T DO THAT!" Fighting them on these things can be successful but can also take many months to years, by which time relatives usually arrive through the process being protested.

It looks like, what I suspect are members of Congress, got USCIS's attention on the K3 petition closure issue and things are back on the track in place since November 2006. That change left a lot of petitioners in the lurch but we haven't heard much about how they resolved their issues.

One year ago it was taking 1 year to get an approved I130 petition. Now it take 3-5 month to get an approved petition. hhhhmmm

Now that they have changed the process to combine the petition it is going much more faster.

The proof has been posted a bazillion times.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

The above press release along with all the timeline information showing I-130 and I-129F being approved the same day even when the petitions were filed 3 to 5 months apart is proof enough.

Before Nov. 06 the two petitions were processed independently at separate service centers. NBC (MSC) was the only center processing I-129F for spouse. The I-130's were processed in CA and VT and had their own queue independent of the I-129F. Once the service centers were up to speed with the new policy (see link above) not only did the pick the winner (or change your mind and pick the loser) scenario die but the I-130 was handicapped by the I-129F filing. The I-130's were taken out of their queue and put in the I-129F for spouse queue, effectively losing their place in line.

This comment is similar to something I posted here a while back regarding what priority date is used for those petitioning for K3 - I'll repeat a bit as this is also an observation to what is being said here.

Many are saying or implying that an I-130 filed for CR1/IR1 is processed sooner than an I-130 filed for K3 (and later followed by an I-1129F, of course) - i.e. that if you file the I-129F four months after the I-130, that your I-130 will processed four months later than those who have filed an I-130 alone for CR1. The actual approvals we are seeing right now, do not support this at all. It appears that the big bunch of I-130/I129F approvals (petitions for K3) that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later) At this point in time it appears they are using the priority date from the I-130. Now go and look at the recent approvals of I-130's for CR1/IR1...they appear exactly the same - the recent approvals are from August, too!

I think there is a huge misconception out there that filing an I129F takes your I130 "out of the queue" and back in from the date of their I-129F and that an I-130 petitioning for an CR1, will be approved much sooner than if petitioning for a K3. I understand that I-130 approvals for K3 are no longer faster, but let's be clear! Recent approvals clearly show, it does NOT delay processing the I130.

(Now, what happens from the time of approval, is an entirely different story....for instance in my spouse's country, two couple with I-130's filed the same day and approved the same day - one petitioning for K3 and one for I-130 - The person will have a K-3 in hand close to a year sooner than the person receiving a CR1.)

I completely concur that there are many, many individual factors that determine which visa is right for an individual couple - do your research and determine which visa is best for you and petition for it!!!!! What I find disconcerting is when , I read on these forums (not necessarily or specifically on this thread) that people who really do want a K3, are concluding (or in some cases told!!) that filing an I-129F will delay approval of I-130.

Annie & Tim

This is exactly what happened to me. I planned to file K3, but after reading on VJ I decided not to because many users were reporting K3 as a cancelled visa or if I-129F was filed it would slow down I-130. So I decided to wait, and it’s been about 3 weeks since I received my I-130 NOA1, and now it appears the K3 visa is back. Have I wasted 3 weeks?

I don’t really care if its immigrant/ non-immigrant, or about the money, I just want the quickest route.

If you really want a K3 visa then yes, technically you lost three weeks. In actuality though, we've only known for a couple weeks now that the I-129F's are getting through again.

[pushbrk 12,882]

I was told mine was administratively canceled but I did get approval online but no NOA2 yet and NVC does not have it yet. I will keep you all updated as I get new information as I receive it.

I noticed your filing is at the CSC.

Another K-3 sub-plot involves which USCIS service center a filer's petitions are at and whether your I-129F was "administratively closed." Recent news indicates 99% of K-3 actions are from only the CSC...but for "active" K-3s. Now you report it's possible that your previously "closed" I-129F may have been approved after all...but again, this is at the CSC. I hope this is true if that is what you want.

Unless the VSC starts to quickly approve active and previously closed K-3s by the bunch, those of us with our I129Fs closed out there might be better served proceeding with the ultimately better CR-1 route. It seems this situation is unprecedented so we can't make judgments on past experiences, or time lines, or peoples personal stories. I have to ask the question: Is it already too late since our I-130s are over at the NVC with case numbers, and thus already into the CR-1 process? Is this reversible? If it is reversible, is it wise for us to switch back to the more expensive K-3 and loose our place in the I-130 line at the NVC? A difficult situation might just get more so.

The best of both worlds is to have both petitions continue and see which wins the race. I certainly wouldn't stop pushing the I-130 through if the I-129F isn't at NVC yet.

[SaysWho 3]

There may have been the rare I-130 that took a year to get approved by USCIS, and many CR1 visa timelines from submission to visa were a year or more but you seem to be confusing petition approval with getting a visa.

Average I-130 approvals were faster in 2006 than in 2007. Three to four months was the norm in 2006. The November 2006 change in policy is one factor in the slow-down but there are a couple other major factors like an unexplained May and June slowdown in NOA1 issuance and the July rush in filing.

What you haven't done is compare I-130 approvals where no I-129F petition was filed to the cases where both petitions wer filed. For instance if Bill and Jane are going the CR1 route and file in May, you'll see their petitions approved in three or four months. Their neighbors Jim and Mary going the K3 route file the I-130 the same day but don't get their NOA1 for three months (or more). They then file the I-129F and 4 months later get their approval. Ask Jim and Mary if filing the I-129F slowed their I-130 approval. Remember, they watched Bill and Jane's petition get improved three months faster. Jane and Mary both arrived in the USA last week but Jane can begin her new job April first, while Mary an dJim will have to pay $1010 and wait for the EAD and SSN. Maybe she can plan to work in July. Those of us here and watching closely, say Bill and Jane and Jim and Mary experience this and remember it well.

(

It's always dangerous to approach facts and statistics with the intention to support a predetermined analysis.

In November, 2006 USCIS and DOS put their heads together and announced they would effectively do away with the process that allowed petitioners to have both a CR1 and K3 process proceed through the system simultaneously and choose the winner. On paper, they said you could "clearly indicate" you would use the Consular process and get both petitions forwarded to NVC but in practice they simply ignored the requests in cover letters and even big red sharpie notes on the petitions themselves. This policy remains ongoing. From it comes the advice, "If you want an immigrant visa, don't file an I-129F."

They, USCIS, CAN and DO take actions that reasonable people would interpret as illegal or certainly against the spirit and intention of laws governing the visa process. They do it no matter how aggresively others cry "YOU CAN"T DO THAT!" Fighting them on these things can be successful but can also take many months to years, by which time relatives usually arrive through the process being protested.

It looks like, what I suspect are members of Congress, got USCIS's attention on the K3 petition closure issue and things are back on the track in place since November 2006. That change left a lot of petitioners in the lurch but we haven't heard much about how they resolved their issues.

One year ago it was taking 1 year to get an approved I130 petition. Now it take 3-5 month to get an approved petition. hhhhmmm

Now that they have changed the process to combine the petition it is going much more faster.

The proof has been posted a bazillion times.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

The above press release along with all the timeline information showing I-130 and I-129F being approved the same day even when the petitions were filed 3 to 5 months apart is proof enough.

Before Nov. 06 the two petitions were processed independently at separate service centers. NBC (MSC) was the only center processing I-129F for spouse. The I-130's were processed in CA and VT and had their own queue independent of the I-129F. Once the service centers were up to speed with the new policy (see link above) not only did the pick the winner (or change your mind and pick the loser) scenario die but the I-130 was handicapped by the I-129F filing. The I-130's were taken out of their queue and put in the I-129F for spouse queue, effectively losing their place in line.

This comment is similar to something I posted here a while back regarding what priority date is used for those petitioning for K3 - I'll repeat a bit as this is also an observation to what is being said here.

Many are saying or implying that an I-130 filed for CR1/IR1 is processed sooner than an I-130 filed for K3 (and later followed by an I-1129F, of course) - i.e. that if you file the I-129F four months after the I-130, that your I-130 will processed four months later than those who have filed an I-130 alone for CR1. The actual approvals we are seeing right now, do not support this at all. It appears that the big bunch of I-130/I129F approvals (petitions for K3) that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later) At this point in time it appears they are using the priority date from the I-130. Now go and look at the recent approvals of I-130's for CR1/IR1...they appear exactly the same - the recent approvals are from August, too!

I think there is a huge misconception out there that filing an I129F takes your I130 "out of the queue" and back in from the date of their I-129F and that an I-130 petitioning for an CR1, will be approved much sooner than if petitioning for a K3. I understand that I-130 approvals for K3 are no longer faster, but let's be clear! Recent approvals clearly show, it does NOT delay processing the I130.

(Now, what happens from the time of approval, is an entirely different story....for instance in my spouse's country, two couple with I-130's filed the same day and approved the same day - one petitioning for K3 and one for I-130 - The person will have a K-3 in hand close to a year sooner than the person receiving a CR1.)

I completely concur that there are many, many individual factors that determine which visa is right for an individual couple - do your research and determine which visa is best for you and petition for it!!!!! What I find disconcerting is when , I read on these forums (not necessarily or specifically on this thread) that people who really do want a K3, are concluding (or in some cases told!!) that filing an I-129F will delay approval of I-130.

Annie & Tim

This is exactly what happened to me. I planned to file K3, but after reading on VJ I decided not to because many users were reporting K3 as a cancelled visa or if I-129F was filed it would slow down I-130. So I decided to wait, and it’s been about 3 weeks since I received my I-130 NOA1, and now it appears the K3 visa is back. Have I wasted 3 weeks?

I don’t really care if its immigrant/ non-immigrant, or about the money, I just want the quickest route.

Right now there is little, if any difference, in the approval time for the I-130 either way, but, of course, that can can/could change at any point. I would suggest you research what the time difference (between the two visa types) is for the Embassy appointment in your spouse's country. (The country portals/forums are a great place to ask that question). Then make your best estimate of what might be quicker.

We too, didn't care about work permits or the money, just wanted the fastest possible road to being together....we really wanted the K3 (due to the huge time differences between the Visa interviews at our Embassies). So, we decided that if our I129F was "administratively closed" as many were reporting at that time, the worst case scenario would be that we would be stuck with the longer CR1 route, but, if the K3 was still alive, we would be together much, much faster. (By filing only the I-130 petition, we would have locked ourselves into the longer route....by filing the I130 and then the I-129F, we kept the door open to the shorter route if the K3 processing resumed - and it is looking like it is!!!) And, as we have now seen, filing the I-129F has not lost us any time, so what did we have to loose??!!

It is subjective as to whether you have "wasted three weeks"...I don't necessarily think so. Do your research and determine if one or the other might be faster for your particular situation. If you decide to submit an I-129F petition for K3, I would do so asap.

Best of luck! I hope you are together soon.

Annie & Tim

[Jimmy and Angela 0]

Received both Hard Copies today and both were sent to NVC for processing

I called NVC this morning and they do not have either one yet.

[visaveteran1 33]

There may have been the rare I-130 that took a year to get approved by USCIS, and many CR1 visa timelines from submission to visa were a year or more but you seem to be confusing petition approval with getting a visa.

Average I-130 approvals were faster in 2006 than in 2007. Three to four months was the norm in 2006. The November 2006 change in policy is one factor in the slow-down but there are a couple other major factors like an unexplained May and June slowdown in NOA1 issuance and the July rush in filing.

What you haven't done is compare I-130 approvals where no I-129F petition was filed to the cases where both petitions wer filed. For instance if Bill and Jane are going the CR1 route and file in May, you'll see their petitions approved in three or four months. Their neighbors Jim and Mary going the K3 route file the I-130 the same day but don't get their NOA1 for three months (or more). They then file the I-129F and 4 months later get their approval. Ask Jim and Mary if filing the I-129F slowed their I-130 approval. Remember, they watched Bill and Jane's petition get improved three months faster. Jane and Mary both arrived in the USA last week but Jane can begin her new job April first, while Mary an dJim will have to pay $1010 and wait for the EAD and SSN. Maybe she can plan to work in July. Those of us here and watching closely, say Bill and Jane and Jim and Mary experience this and remember it well.

(

It's always dangerous to approach facts and statistics with the intention to support a predetermined analysis.

In November, 2006 USCIS and DOS put their heads together and announced they would effectively do away with the process that allowed petitioners to have both a CR1 and K3 process proceed through the system simultaneously and choose the winner. On paper, they said you could "clearly indicate" you would use the Consular process and get both petitions forwarded to NVC but in practice they simply ignored the requests in cover letters and even big red sharpie notes on the petitions themselves. This policy remains ongoing. From it comes the advice, "If you want an immigrant visa, don't file an I-129F."

They, USCIS, CAN and DO take actions that reasonable people would interpret as illegal or certainly against the spirit and intention of laws governing the visa process. They do it no matter how aggresively others cry "YOU CAN"T DO THAT!" Fighting them on these things can be successful but can also take many months to years, by which time relatives usually arrive through the process being protested.

It looks like, what I suspect are members of Congress, got USCIS's attention on the K3 petition closure issue and things are back on the track in place since November 2006. That change left a lot of petitioners in the lurch but we haven't heard much about how they resolved their issues.

One year ago it was taking 1 year to get an approved I130 petition. Now it take 3-5 month to get an approved petition. hhhhmmm

Now that they have changed the process to combine the petition it is going much more faster.

The proof has been posted a bazillion times.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

The above press release along with all the timeline information showing I-130 and I-129F being approved the same day even when the petitions were filed 3 to 5 months apart is proof enough.

Before Nov. 06 the two petitions were processed independently at separate service centers. NBC (MSC) was the only center processing I-129F for spouse. The I-130's were processed in CA and VT and had their own queue independent of the I-129F. Once the service centers were up to speed with the new policy (see link above) not only did the pick the winner (or change your mind and pick the loser) scenario die but the I-130 was handicapped by the I-129F filing. The I-130's were taken out of their queue and put in the I-129F for spouse queue, effectively losing their place in line.

This comment is similar to something I posted here a while back regarding what priority date is used for those petitioning for K3 - I'll repeat a bit as this is also an observation to what is being said here.

Many are saying or implying that an I-130 filed for CR1/IR1 is processed sooner than an I-130 filed for K3 (and later followed by an I-1129F, of course) - i.e. that if you file the I-129F four months after the I-130, that your I-130 will processed four months later than those who have filed an I-130 alone for CR1. The actual approvals we are seeing right now, do not support this at all. It appears that the big bunch of I-130/I129F approvals (petitions for K3) that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later) At this point in time it appears they are using the priority date from the I-130. Now go and look at the recent approvals of I-130's for CR1/IR1...they appear exactly the same - the recent approvals are from August, too!

I think there is a huge misconception out there that filing an I129F takes your I130 "out of the queue" and back in from the date of their I-129F and that an I-130 petitioning for an CR1, will be approved much sooner than if petitioning for a K3. I understand that I-130 approvals for K3 are no longer faster, but let's be clear! Recent approvals clearly show, it does NOT delay processing the I130.

(Now, what happens from the time of approval, is an entirely different story....for instance in my spouse's country, two couple with I-130's filed the same day and approved the same day - one petitioning for K3 and one for I-130 - The person will have a K-3 in hand close to a year sooner than the person receiving a CR1.)

I completely concur that there are many, many individual factors that determine which visa is right for an individual couple - do your research and determine which visa is best for you and petition for it!!!!! What I find disconcerting is when , I read on these forums (not necessarily or specifically on this thread) that people who really do want a K3, are concluding (or in some cases told!!) that filing an I-129F will delay approval of I-130.

Annie & Tim

This is exactly what happened to me. I planned to file K3, but after reading on VJ I decided not to because many users were reporting K3 as a cancelled visa or if I-129F was filed it would slow down I-130. So I decided to wait, and it’s been about 3 weeks since I received my I-130 NOA1, and now it appears the K3 visa is back. Have I wasted 3 weeks?

I don’t really care if its immigrant/ non-immigrant, or about the money, I just want the quickest route.

It may depend on which USCIS center you filed with. The hot center for K-3s is California at the moment. Obviously this is a complicated process with so many variables that you'll have to sort it out and make your own call. Things are changing again over the past week or two. Keeping yourself informed means daily monitoring of events. In some ways getting a visa has become a Las Vegas like process...spin the wheel and hope for the best. And like in Vegas, some have won K-3s recently while others seemed to have "crapped out."

[pushbrk 12,882]

Received both Hard Copies today and both were sent to NVC for processing

I called NVC this morning and they do not have either one yet.

What makes you say both were sent to NVC? Is there wording on your I-130 that tells you it was sent to NVC?

[Jimmy and Angela 0]

yes the NOA2 says

"The above petition has been approved. We have sent the original visa petition to Department of State National Visa Center (NVC)"

this wording was on both.

However, on the NOA2 for the I-130, the words "Department of State National Visa Center (NVC)" are in BOLD. as is the phone number.

Don't know if this is significant or not but it is there

Edited March 18, 2008 by Jimmy and Angela

[Enlighten one :) 5]

I am on the phone with the USCIS.

They are working on I29f/K3 petitions with the date of September 20th, 2007. He said that my case is not administratively closed and that they should get to it soon. Now I will not take a chance with my case since, my husband now has other options to travel to canada.

I just wanted to give you a textbook answer to what they are saying. I will persue my I129f/K3 petition to the end, whether I need it or not.

He sais that the USCIS does not administratively close cases.

Now I know that people were told there cases where administratevily closed. I just want to let you know that there is not a policy around closed petitions.

He was extreemly helpfull.

[Enlighten one :) 5]

I first heard the term "administratively closed" in December. I posted a thread asking if anyone was Admin closed. No one answered. That is why I started going the CR1 route. I did not want to wait to find out since my lawyer messed up with my I129f.

K3 route peeked my interest when a friend's admin closed case all of a suden was approved. This was after 2 months of errors my lawyer. So I started looking into the K3 again. This time through the USCIS. What they are doing is not policy and procedure. I am just waiting for the notice of action to come out on the I129f Admin closed cases. They have to provide you in righting your case status. It is the law.

Yes, anyone can get the Amin Closed case open and going , but it would take too much time that could have been used going the cR1 route. There are not many embassies that have a long waiting period for the CR1. So I would not bother arguing and just move forward. But it is an injustice that I will not let go unoticed.

Most people do not want to wait the extra 2-3 months for the cr1 so they can file the I129f. If you want the CR1 do not file the I129f.

I was told mine was administratively canceled but I did get approval online but no NOA2 yet and NVC does not have it yet. I will keep you all updated as I get new information as I receive it.

I noticed your filing is at the CSC.

Another K-3 sub-plot involves which USCIS service center a filer's petitions are at and whether your I-129F was "administratively closed." Recent news indicates 99% of K-3 actions are from only the CSC...but for "active" K-3s. Now you report it's possible that your previously "closed" I-129F may have been approved after all...but again, this is at the CSC. I hope this is true if that is what you want.

Unless the VSC starts to quickly approve active and previously closed K-3s by the bunch, those of us with our I129Fs closed out there might be better served proceeding with the ultimately better CR-1 route. It seems this situation is unprecedented so we can't make judgments on past experiences, or time lines, or peoples personal stories. I have to ask the question: Is it already too late since our I-130s are over at the NVC with case numbers, and thus already into the CR-1 process? Is this reversible? If it is reversible, is it wise for us to switch back to the more expensive K-3 and loose our place in the I-130 line at the NVC? A difficult situation might just get more so.

[k32007 0]

Pushbrk et al,

I can confirm that BOTH (129F & 130) of our hardcopy NOA2s state that they have been sent to NVC for processing.

As of today, neither has actually been received by NVC.

Question: Is it possible/advisable to email the NVC and instruct (ask/beg) them to hold the 130 or otherwise ensure that the K3 route is pursued vs. CR1?

[Enlighten one :) 5]

The K3 will only be at the NVC for 2-4 days then forward to the Embassy. You have to speak with the NVC live, because the automated does not tell you about the K3.

The I130 take 2-3 months to process. They will send you a request for a bill. Just do not respon or pay the bill , if you are going the K3 way. They will just keep it int he file until you do something to trigger it like paying a fee.

My I130/CR1 has been at the NVC since October. Long story short: Laywer messed up big time. I went to send out the final paper work and we were missing the DS230 and 2x2 photo. The lawyer never requested this from my husband.

Pushbrk et al,

I can confirm that BOTH (129F & 130) of our hardcopy NOA2s state that they have been sent to NVC for processing.

As of today, neither has actually been received by NVC.

Question: Is it possible/advisable to email the NVC and instruct (ask/beg) them to hold the 130 or otherwise ensure that the K3 route is pursued vs. CR1?

Edited March 18, 2008 by Lurking

[visaveteran1 33]

I first heard the term "administratively closed" in December. I posted a thread asking if anyone was Admin closed. No one answered. That is why I started going the CR1 route. I did not want to wait to find out since my lawyer messed up with my I129f.

K3 route peeked my interest when a friend's admin closed case all of a suden was approved. This was after 2 months of errors my lawyer. So I started looking into the K3 again. This time through the USCIS. What they are doing is not policy and procedure. I am just waiting for the notice of action to come out on the I129f Admin closed cases. They have to provide you in righting your case status. It is the law.

Yes, anyone can get the Amin Closed case open and going , but it would take too much time that could have been used going the cR1 route. There are not many embassies that have a long waiting period for the CR1. So I would not bother arguing and just move forward. But it is an injustice that I will not let go unoticed.

Most people do not want to wait the extra 2-3 months for the cr1 so they can file the I129f. If you want the CR1 do not file the I129f.

I was told mine was administratively canceled but I did get approval online but no NOA2 yet and NVC does not have it yet. I will keep you all updated as I get new information as I receive it.

I noticed your filing is at the CSC.

Another K-3 sub-plot involves which USCIS service center a filer's petitions are at and whether your I-129F was "administratively closed." Recent news indicates 99% of K-3 actions are from only the CSC...but for "active" K-3s. Now you report it's possible that your previously "closed" I-129F may have been approved after all...but again, this is at the CSC. I hope this is true if that is what you want.

Unless the VSC starts to quickly approve active and previously closed K-3s by the bunch, those of us with our I129Fs closed out there might be better served proceeding with the ultimately better CR-1 route. It seems this situation is unprecedented so we can't make judgments on past experiences, or time lines, or peoples personal stories. I have to ask the question: Is it already too late since our I-130s are over at the NVC with case numbers, and thus already into the CR-1 process? Is this reversible? If it is reversible, is it wise for us to switch back to the more expensive K-3 and loose our place in the I-130 line at the NVC? A difficult situation might just get more so.

Lurking, please tell us exactly how we get our 129Fs "going again" and please be specific as to what are the steps. Tell it so folks who have their I-130 already over at the NVC will know what to do.

[pushbrk 12,882]

yes the NOA2 says

"The above petition has been approved. We have sent the original visa petition to Department of State National Visa Center (NVC)"

this wording was on both.

However, on the NOA2 for the I-130, the words "Department of State National Visa Center (NVC)" are in BOLD. as is the phone number.

Don't know if this is significant or not but it is there

I don't know that the bold is significant but this is the correct language for petitions sent to NVC. You'll know for sure when NVC receives them. Remember, you must talk to a human to get any information on a K3 case at NVC.

[pushbrk 12,882]

Pushbrk et al,

I can confirm that BOTH (129F & 130) of our hardcopy NOA2s state that they have been sent to NVC for processing.

As of today, neither has actually been received by NVC.

Question: Is it possible/advisable to email the NVC and instruct (ask/beg) them to hold the 130 or otherwise ensure that the K3 route is pursued vs. CR1?

NVC would generally just process any case they receive but it wouldn't hurt to contact them by phone and once you have a K3 case in their hands, just tell them that's the way you're going. If you just ignore their correspondence on the I-130 it won't proceed. After the K3 is in hand, you could let them know you'll be adjusting status but I didn't and it didn't seem to be any problem. Of course, I was in no hurry to adjust status. We actually intentionally delayed filing.