K3 guideline update needed

[Gaby&Talbert 1]

Someone needs to update the K3 guideline, I thought the rules changed so that you can submit the I-129 along with the I-130? The guidelines still say to wait for the NOA1 from your I-130? Someone correct me if I am wrong because I have seen many VJ's still waiting for their NOA1 before they send in their I-129?

[YuAndDan 153]

Please find and quote that rule on USCIS site.

[payxibka 10,045]

There may have been transition rules (when fee changes occured) to that effect but there is not confirmation that this was anyting but temporary

[pushbrk 12,877]

There may have been transition rules (when fee changes occured) to that effect but there is not confirmation that this was anyting but temporary

I recommended filing the petitions together many times during the few months it was unofficially allowed. It doesn't work now, to my knowledge and was never an official policy. It hasn't worked since the mailing instructions changed to the lock box. To my knowledge nobody has tested joint filing since then.

[M and K 0]

Please find and quote that rule on USCIS site.

The USCIS does not stipulate specific instructions to file I-130 prior to filing I-129f and obviously many have filed both together successfully.....but it does make many references to a existing I-130 being filed, proof of which must be included and most non-USCIS sources indicate this filing order.

Here's some USCIS quotes I found:

http://www.uscis.gov/propub/ProPubVAP.jsp?...eb8b04e3f2abd76

"The new K3 visa is intended for use by a s pouse of a United States citizen for whom a spousal immediate relative petition has been filed in the United States."

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"The Service Center where the underlying I-130 petition is currently pending."

http://www.uscis.gov/files/form/I-129Finstr.pdf

"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 marriagebetween the citizen and alien."

"If you are filing an I-129F petition for your spouse, mailyour petition to the Service Center where the underlyingI-130 petition is currently pending."

I am not recommending any specific path, only relaying information I've seen.

Best of luck and speed in all our journeys...

[YuAndDan 153]

Please find and quote that rule on USCIS site.

The USCIS does not stipulate specific instructions to file I-130 prior to filing I-129f and obviously many have filed both together successfully.....but it does make many references to a existing I-130 being filed, proof of which must be included and most non-USCIS sources indicate this filing order.

Here's some USCIS quotes I found:

http://www.uscis.gov/propub/ProPubVAP.jsp?...eb8b04e3f2abd76

"The new K3 visa is intended for use by a spouse of a United States citizen for whom a spousal immediate relative petition has been filed in the United States."

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"The Service Center where the underlying I-130 petition is currently pending."

http://www.uscis.gov/files/form/I-129Finstr.pdf

"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."

"If you are filing an I-129F petition for your spouse, mail your petition to the Service Center where the under lyingI-130 petition is currently pending."

I am not recommending any specific path, only relaying information I've seen.

Best of luck and speed in all our journeys...

Correct, but in all references that you indicate above, they all imply that the I-130 was filed BEFORE, and you have the NOA1 letter from the I-130 indicating where the I-130 petition is currently pending, and sending the I-129F to that center. Chicago is a mail processing center, it is not a service center, Vermont, and California are, Chicago will send the I-130 on to VSC or CSC for processing, the service center will then issue a NOA1 letter for the I-130 indicating where the I-130 is pending, and only then do you send the I-129F to that specific center.