Filing I129 After Case Arrives in CDJ

[rjm65 0]

My wife's case was forwarded from NVC to CDJ on 6/22/06. It appears that K3's interviews are being processed faster than for IR-1 / CR-1. Given that our case is now in Juarez, would it be to our advantage to file the I-129 in an attempt to obtain a faster interview?

All the times that I looked at the processing times in the USCIS website, I would see clearly stated that the I129F was for "NOT YET MARRIED," and as such never looked into it. It wasn't until reading more on these forums that I learned it could also be used for a spouse. Had I known this, I would've filed the I129F with the I130 last year.

My best guess is that we are looking at an 8 month wait from this point if we leave things as they are, but if a couple months can be shaved off by utilizing the I129F, then it's worth the $170. I have read though that if your CR1/IR2 case is already at Juarez when the I129F paperwork arrives, they cancel the I129F automatically.

The wait is very frustrating. If I knew then what I know now, life would be so much easier. We are doing it the right way, but we could've done it a better way!

Cheers,

Raymond

[aussiewench 9]

Now that your case (I-130) is at the consulate, filing for a K-3 is useless as they take the CR-1 over the K-3 being that the CR-1 is to gain immigrant status on entry. The K-3 is only so one can enter the US to wait approval of the I-130.

[zyggy 9]

Now that your case (I-130) is at the consulate, filing for a K-3 is useless as they take the CR-1 over the K-3 being that the CR-1 is to gain immigrant status on entry. The K-3 is only so one can enter the US to wait approval of the I-130.

Agreed... CR-1 takes precedence over K-3. If the I-130's at the Consulate, they will process only the CR-1.

[rjm65 0]

Thanks, that's what I thought.

You'd think that given that the K3 is supposed to allow family's to be together faster, the most timely option would be betermine the determining criteria, and not the fact that the I-130 is already there.

I was reading on a lawyers site how a spouse of a citizen who enters legally on a visa, and overstays is allowed to file for AOS without having to leave the country. For myself, I can see issues there that just aren't worth the risk, wrong, and leave me frustrated that my country would allow someone to "cut in line" and allow their spouse to be legally here before my wife. I also wonder how much of this is common practice, and if any of these cases are prosecuted for visa fraud, deported, or both. Is that why they are so adament about not letting anyone in at a POE because once they are here, if they have the proper connections (i.e., USC spouse), they can AOS without having to leave?

I get the feeling the law says one thing, but what is actually carried out is something else. I guess that goes without saying given the state of immigration laws in this country.

Sorry about the rant.... just venting.

[rjm65 0]

I found this mention on another board, I hope someone can expand a little more on this.

U.S. citizens who travel abroad and marry have the option of proceeding with an IV application or the nonimmigrant K-3 visa. K-3 visa processing is till faster than IV processing, although the time differential has narrowed. Even if the I-130 has been approved at the service center, sent to the NVC, and forwarded to the consulate, the consulate is still authorized to process the applicant for a K-3 visa. Once the applicant has decided to be processed for an immigrant visa (and possibly been denied for public charge), he or she cannot change and request the K-3 processing.

Entire article can be found here:

http://www.ilw.com/articles/2005,1215-wheeler.shtm

[Lynn&Arturo 0]

My wife's case was forwarded from NVC to CDJ on 6/22/06. It appears that K3's interviews are being processed faster than for IR-1 / CR-1. Given that our case is now in Juarez, would it be to our advantage to file the I-129 in an attempt to obtain a faster interview?

All the times that I looked at the processing times in the USCIS website, I would see clearly stated that the I129F was for "NOT YET MARRIED," and as such never looked into it. It wasn't until reading more on these forums that I learned it could also be used for a spouse. Had I known this, I would've filed the I129F with the I130 last year.

My best guess is that we are looking at an 8 month wait from this point if we leave things as they are, but if a couple months can be shaved off by utilizing the I129F, then it's worth the $170. I have read though that if your CR1/IR2 case is already at Juarez when the I129F paperwork arrives, they cancel the I129F automatically.

The wait is very frustrating. If I knew then what I know now, life would be so much easier. We are doing it the right way, but we could've done it a better way!

Cheers,

Raymond

Hi Raymond:

I know exactly what your going through I thought my lawyer was sending in the paperwork for a K-3 Visa and never told me he was only doing the CR 1 visa. I had signed both forms and he only sent in the I130. Our paperwork has been sitting in Ciudad since Jan of this year and I wrote to my Congressman and he wrote to the Consulate in Ciudad and the embassy told him they were sending out interview appointments from cases processed in July of 2005 and we could expect an interview this Dec. (11 months later) Hope you have better luck than we do...