K-3 Visa question

[yulechka42 2]

Since the K-3 is discontinued effective February, does it mean that even if you applied for it before february, they will now be processing I-130 and I-129 at the same time and you will have to go CR-1 Route? I filed for both in December, just wondering what to expect at this point.

Thank you!

[Mononoke28 135]

Since the K-3 is discontinued effective February, does it mean that even if you applied for it before february, they will now be processing I-130 and I-129 at the same time and you will have to go CR-1 Route? I filed for both in December, just wondering what to expect at this point.

Thank you!

According to the Department of State web site, if they receive both approved petitions AT THE SAME TIME, you will be processed for a CR1/IR1. If they receive the I-129F first, you will be processed for a K3 visa. Chances are they will receive both at the same time which is better in the long run anyway.

Here's the info: http://travel.state.gov/visa/immigrants/ty...pes_2993.html#1

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

* The nonimmigrant K visa will be administratively closed.

* The application process explained below will not be applicable and cannot be used.

* The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition.

Diana

[yulechka42 2]

According to the Department of State web site, if they receive both approved petitions AT THE SAME TIME, you will be processed for a CR1/IR1. If they receive the I-129F first, you will be processed for a K3 visa. Chances are they will receive both at the same time which is better in the long run anyway.

Here's the info: http://travel.state.gov/visa/immigrants/ty...pes_2993.html#1

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

* The nonimmigrant K visa will be administratively closed.

* The application process explained below will not be applicable and cannot be used.

* The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition.

Diana

Thank you!

[pushbrk 12,877]

Since the K-3 is discontinued effective February, does it mean that even if you applied for it before february, they will now be processing I-130 and I-129 at the same time and you will have to go CR-1 Route? I filed for both in December, just wondering what to expect at this point.

Thank you!

You have your answer but it's very important you don't confuse filing a petition with applying for a visa. In your case nobody has applied for anything. If you had already applied for a K3 visa, the February change would have no impact.

[Mononoke28 135]

You have your answer but it's very important you don't confuse filing a petition with applying for a visa. In your case nobody has applied for anything. If you had already applied for a K3 visa, the February change would have no impact.

You're really splitting hairs here. It's obvious that when a person is talking about filing for a visa by referring to an I-130 or an I-129F, they're talking about the petition they've filed. Yes, the DS-230 is the actual visa application which has a fee of its own, but in reality when it comes to this site you know what they're referring to. No need to make them sound "dumb" or make them appear as if they haven't done their homework when we all know what they're talking about here on VJ.

Diana

[pushbrk 12,877]

You're really splitting hairs here. It's obvious that when a person is talking about filing for a visa by referring to an I-130 or an I-129F, they're talking about the petition they've filed. Yes, the DS-230 is the actual visa application which has a fee of its own, but in reality when it comes to this site you know what they're referring to. No need to make them sound "dumb" or make them appear as if they haven't done their homework when we all know what they're talking about here on VJ.

Diana

All evidence to the contrary. It's not a matter of me knowing what a specific poster means. It's a matter of others being confused about what is "applying". We see this confusion daily BECAUSE people interchange terms that are not interchangeable.

Call it splitting hairs if you like but it's a critical distinction to avoid confusion. The OP is a perfect case in point.

Edited February 19, 2010 by pushbrk

[dutchfrench 0]

It seems, looking at the latest K3 immigration timelines, that most people receive both i129 and i130 the same day. Is this merely coincidence or part of larger scheme (as I'm waiting for a NOA2 for either of them) ?

And why do the processing times from i129 and i130 differ sooo much at the NVC ? 6 as opposed to 92 days for the i 130. Does that have to do with "integrated" work permit and such ?

Thanks for your responses!

[pushbrk 12,877]

It seems, looking at the latest K3 immigration timelines, that most people receive both i129 and i130 the same day. Is this merely coincidence or part of larger scheme (as I'm waiting for a NOA2 for either of them) ?

And why do the processing times from i129 and i130 differ sooo much at the NVC ? 6 as opposed to 92 days for the i 130. Does that have to do with "integrated" work permit and such ?

Thanks for your responses!

The time varies because the process at NVC is quite different for one than the other. You question indicates you have not studied the guides and learned the process. Doing so will be critical to your ultimate success.