File the I-129F or not?

[kramer 0]

Got the NOA1 yesterday in the mail. The I-129F is all ready to go. Currently looking at 3 options:

1) Go for the CR-1

2) Go for the K3

3) File the K3, decide later regarding which visa to pursue

- Leaning towards option #3. Country is India, embassy is New Delhi.

Our main criteria is speed. Wife will not be working right away nor needs to. (She will be studying for medical board exams). I looked at processing stats for India from Jan 2008 onwards, according to my calculations K3 visa is about 1 to 1.5 months faster.

Thoughts or suggestions? As I understand filing for the K3 doesn't hurt time wise other than 1 week or so for them to start on the I-129F.

Edited April 24, 2009 by kramer

[YuAndDan 153]

Sometimes filing I-129F slows things at USCIS, and lately USCIS has been approving both I-130 and I-129F on the same date which negates the original reason for the K-3, (The K-3 was for travel to USA and waiting to I-130 Approval).

K-3 is an optional visa process that was developed at a time when I-130 was taking a long time to process when compared with K-1 fiancee visa, the K-3 allowed the prospective immigrant to enter the USA and wait for I-130 to be approved. However since USCIS has been approving the I-130 and I0129F at the same time lately the reason for the K-3 no longer exists, the 2 visa processes tend to be about the same time to approve through to a visa.

Both visas start the same way, you file an I-130 for a CR-1 spousal visa, and then file an I-129F to the address indicated on the I-130 NOA1 letter to start the K-3 option.

Consider sticking to the I-130 visa process, for the most part USCIS has been approving I-129F AND I-130 on the same date which essentially eliminates the whole reason that the K-3 was developed in the first place (LONG I-130 Processing time ate USCIS).

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[Frenchwife 1]

K3 slows things. people who filed I130 only at the same time than us have been appproved, I would not file K3 again.