IF YOU HAVE I-130 AND K-3 APPROVED ...

[babybebita 0]

I READ IN MANY MANY TOPICS THAT A LOT OF PEOPLE HAVE BOTH PETITIONS (I-130 AND I-129) APPROVED!!! CONGRATULATIONS TO ALL!!!!

WHICH IS THE BEST TO FOLLOW??? THE I-130??? I BELIEVE THAT THE I-130 IS EASIER, BUT I AM NOT SURE. COULD YOU SHARE YOUR EXPERIENCES WITH US? HOW DO YOU KNOW WHICH IS THE BEST??

WHEN YOU HAVE BOTH APPROVED, COULD YOU FOLLOW THE I-130 AND FORGET THE I-129??

THANK YOU VERY MUCHHHH!!!! I APPRECIATE ALL YOUR HELP!!!!!!!!

(SORRY FOR MY ENGLISH!!!!!, I KNOW THAT I HAVE TO IMPROVE A LOTTTTT!!!)

[msnoob 3]

This is really a personal decision determined by time. If both petitions are approved and both petitions are sent to the NVC, you have the option of deciding which track to take. The I130 requires processing and payment at the NVC thus takes longer to get through the NVC. There are several posts on shortening the time at the NVC but I think the shortest time I've seen is 26 days. With the I130, there is no need to fine an AOS (Adjustment of Status) and your spouse can work immediately. The I129 just passes through the NVC and goes straight to the consulate. You must then file an AOS and await work authorization. I'm sure others can give more details from their experiences, but this is my understanding of the difference.

I've filed both and if given the option, I will go with the I130. While it takes an additional month or so, I will be free from USCIS for a while. And I think I've had my fill of dealing with the USCIS, especially the Vermont Service Center :-)

[babybebita 0]

THANK YOU VERY MUCH, MSNOOB!!!!

THEN, IF SOMEONE HAVE BOTH APPROVED, HE CAN FOLLOW ONLY THE I-130 AND FORGET THE K-3!!!

THANK YOU!!

VERMONT, PLEASE!!! WE NEED APPROVALS IN OUR I-130!!!!!

MSNOOB, GOOD LUCK WITH VERMONT!!!!

[Thai family 0]

When both the I-30 and K-3 are approved at the same time they don't necessarily forward the I-129F to the NVC. This happened in our case. We were real clear upfront about K-3 intent, so I think they held the I-130 pending adjustment of status.

The kids situation has changed and they'd really like to go for the CR 1 at this point. Today I called the USCIS and got through to an officer that pulled up the case and made a request to have the I-130 transferred to the NVC. I had made two previous calls about this and got no help, so this is good news. We shall see what happens now. He couldn't give me a time frame for it to be sent to the NVC. They're going to go ahead and interview for the K-3 in Bangkok next week.

I this info helps someone else.

Thai Mom

[onizuka 0]

When both the I-30 and K-3 are approved at the same time they don't necessarily forward the I-129F to the NVC. This happened in our case. We were real clear upfront about K-3 intent, so I think they held the I-130 pending adjustment of status.

The kids situation has changed and they'd really like to go for the CR 1 at this point. Today I called the USCIS and got through to an officer that pulled up the case and made a request to have the I-130 transferred to the NVC. I had made two previous calls about this and got no help, so this is good news. We shall see what happens now. He couldn't give me a time frame for it to be sent to the NVC. They're going to go ahead and interview for the K-3 in Bangkok next week.

I this info helps someone else.

Thai Mom

I also made it clear with USCIS that we wanted a K-3 but they still forwarded both petitions to the NVC. Now we are just waiting for an interview date for the CR-1 and the K-3 interview date will be on July 28. I don't think you should drop either unless you already have interview dates for both.

[babybebita 0]

THANK YOU VERY MUCH, THAI FAMILY!!!!

THANK YOU SO MUCH, ONIZUKA!!!

[ninjarocket 1]

After approval, I guess there's nothing that can be done to influence whether or not they forward the I-130 to the NVC in addition to the I-129F?

[daisychain 0]

depends on what your priority is. if money is not and issue and if you want to be with your spouse the soonest possible time, then it's best to pursue the k3. nvc processing and wait time for immigrant interview makes the IR1 process considerably longer. but if you do it right and follow lotsofpatience's fastest NVC process, you can trim NVC processing down to 4 weeks.

a lot of people prefer to be spared from the headache of having to undergo AOS so they prefer the IR1. but as i've said, depends on what your priority is. =) God bless your visa journey!

[babybebita 0]

THANK YOU, NINJAROCKET!

THANK YOU, DAISYCHAIN!!!

DAISYCHAIN, ONE MONTH FROM NOA2 TO IR-1 IS NOT A LONG WAY!!!! FOR ME IT IS A WONDERFUL SURPRISE!!! I DO NOT WANT TO GO THROUGH AOS!!! NO MORE STRESS WITH USCIS!!!!!!

THANK YOU!!!

[onizuka 0]

THANK YOU, NINJAROCKET!

THANK YOU, DAISYCHAIN!!!

DAISYCHAIN, ONE MONTH FROM NOA2 TO IR-1 IS NOT A LONG WAY!!!! FOR ME IT IS A WONDERFUL SURPRISE!!! I DO NOT WANT TO GO THROUGH AOS!!! NO MORE STRESS WITH USCIS!!!!!!

THANK YOU!!!

Don't get your hope up too much about the 1 month NVC processing time though, it's an exception and not the norm. And even if you do get your case completed within a month, there's no guarantee that you'll get an interview date immediately. Look at our case, 2 weeks after completion and still no interview date. I've seen other people wait as long as 3 months to wait for an interview to be assigned, then you will still need to wait for the actual interview date which is usually around 1 - 3 months from the date your interview was scheduled. Of course this differs depending on the consulate, but I will still recommend going with both petitions if USCIS forwards them both to NVC.

[babybebita 0]

THANK YOU, ONIZUKA!!

IF THE INTERVIEW DEPENS ON THE EMBASSY, IT IS NOT GOING TO BE A PROBLEM BECAUSE IN SPAIN THE EMBASSY WORKS VERY QUICK!! MAYBE BECAUSE THERE ARE NOT MUCH PEOPLE WHO WANT TO GO TO USA!

WHEN I ASKED FOR A STUDENT VISA TWO YEARS AGO, THEY SCHEDULED MY INTERVIEW IN TWO WEEKS (I CHOSE THE APPOINTMENT, THEY GAVE ME SEVERALS DATES), AND I RECEIVED MY VISA ONLY IN TWO DAYS!! ONLY TWO QUESTIONS, CHECK DOCUMENTATIONS, THAT'S ALL!!!

I HAVE A LOT OF HOPE!!!!!!!!

THANK YOU, ONIZUKA!! WHEN I HAVE THE APPROVALS, WE WILL DECIDE WHAT TO FOLLOW!!!!

GOOD LUCK TO EVERYBODYYY!!!!

[Thai family 0]

After approval, I guess there's nothing that can be done to influence whether or not they forward the I-130 to the NVC in addition to the I-129F?

I called them. On the third call I got an officer who put in an official request to have it sent to the NVC. It says on the I-130 approval notice that they sent it there, so they don't really have much of a case to say they won't. They can - and do - put you off, so that's why I ended up calling three times. Hopefully kind, polite persistence pays off.