What to do? K3 is gone!

[daboyz 36]

Totally Totally incorrect. NVC is still processing K3's. K3 is abandoned by NVC only if the I-130 approval occurs and they receive the approval at the same time. So it looks like they are phasing out K3 but at this point they are still being processed and it is totally incorrect to say that you cannot apply for K3.

It is truly sad that they are abandoning K3's because in our case K3 definitely saved us 2-3months of time. I say this because we got approved for I-130 and I-129F at the same time other September filers got theirs approved. I saw a lot of people drop K3 because of the advice they got on this site. K3 has its own set of advantages and I-130 has its own set of advantages. And in our case time of unity was our number one priority. We called NVC and they clearly said that K3 is faster than I-130. WE listened to them and we are glad we did. Our interview for K3 is approved as of today. So I am saying this with FIRST HAND experience and not just some hearsay that K3 does still work.

Our advice is apply for K3 immediately(as soon as possible) after you get your I-130 receipt. Then learn the pros and cons of both and then decide . Each has its own advantages and disadvantages. Further if they get approved at the same time then you will have to go with I-130 anyways. Otherwise for some reason if your I-130 gets slowed down by an RFE or something you always have something to fall back on. You will not regret it. Applying for K3 will not SLOW you down. Our I-130 approval came on the date of our NOA1 for 130 and adding our 129F app did not push us back into the line of anything like many on this site claim.

Please don't post things that you have no idea what you are talking about. If an approved I-130 arrives with an I-129F at NVC at the same time, that I-129F is going back to USCIS as of Feb. 1, 2010. You can not file the I-129F for K-3 unless you file the I-130 first. Look here:

http://www.visajourney.com/forums/index.ph...t=0&start=0

There's also a link to DOS if you don't believe VJ.

[pushbrk 12,569]

Please don't post things that you have no idea what you are talking about. If an approved I-130 arrives with an I-129F at NVC at the same time, that I-129F is going back to USCIS as of Feb. 1, 2010. You can not file the I-129F for K-3 unless you file the I-130 first. Look here:

http://www.visajourney.com/forums/index.ph...t=0&start=0

There's also a link to DOS if you don't believe VJ.

There's a chance an I-129F for spouse will be processed by NVC but it's a ####### shoot over which there is no control. In practice, the petition SHOULD arrive the same day, resulting in the I-129F being administratively closed. Only in the off chance the petitions arrive separately, will the K3 case proceed.

Again, it's important to distinguish between filing a petition and applying for a visa. The OP is a USC, so by definition does not apply for a visa. Only AFTER NVC case complete can his spouse potentially apply for ANY visa.

[Mononoke28 134]

I just came back home from an interview with an immigration lawyer. He told me that since my I-130 isn't approved yet, I can apply for a K3 visa for my wife. Which is great but here are the bad news. Since I applied for my wife's I-130 already chances are that if I apply for a K3 visa and my I-130 is approved before the approval of the K3 visa; this option(K3) will be closed and only the process for the CR1 continues. This tells me that any money expended and time put into the K3 will be lost. Also we will have to wait the same time as just leaving things how they are right now.

So what would be your best advise guys!

any replies would be great also if the lawyer's logic is right or not. What can i do on this matter?

monky,

Since the new rule says that if the NVC receives the I-130 before the I-129F, you will be processed for a CR1 visa, then there is no point in filing the I-129F now since it's obvious that the I-130 will be approved before the other one anyway. Does that make sense?

But anyhow... let's assume that they both get approved at the same time and arrive at the NVC on the same day. Since you will be going through Bogotá, there is no point in filing a K3 since this visa gets processed in the same amount of time as the CR1. If for some reason it is processed faster than the CR1, it is only by a month or so, so it's not worth the extra expense and time you'd have to spend once your spouse enters the US with a K3.

Just leave it as is, let the I-130 get processed all on its own, get a CR1 visa and you won't be sorry.

Diana

[daboyz 36]

monky,

Since the new rule says that if the NVC receives the I-130 before the I-129F, you will be processed for a CR1 visa, then there is no point in filing the I-129F now since it's obvious that the I-130 will be approved before the other one anyway. Does that make sense?

But anyhow... let's assume that they both get approved at the same time and arrive at the NVC on the same day. Since you will be going through Bogotá, there is no point in filing a K3 since this visa gets processed in the same amount of time as the CR1. If for some reason it is processed faster than the CR1, it is only by a month or so, so it's not worth the extra expense and time you'd have to spend once your spouse enters the US with a K3.

Just leave it as is, let the I-130 get processed all on its own, get a CR1 visa and you won't be sorry.

Diana

I don't see where it says before.

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.

[ZaheersShezadi 0]

I filed the I-130 to bring my wife to USA, and i was going to file for a K3 visa but now i see that if the I-130 and the K3 visa are approved then the I-130 is prevalent over the K3, and it will be closed. so only the I-130 will continue as an immigration process to bring my wife. My question is how do i expedite the process to bring my wife here? i read the other option is the CR1 but how do i apply for it? how long does it take? is that my best option?

Thanks for any replies!

If I were you, I would just go with the I-130 anyway. We filed the K3 along with the I-130, along with expediting the case due to medical emergency. Well, needless to say that we have been under Administrative Processing for 4 months. almost all the I-130 applications have passed us. the spreadsheets avg the AP from our embassy to be about 65 days. It has been over 100 days for our K3, and they avg at our embassy to be 135 days for K3 visa. So... I think that is the reason they did away with the K3 anyway. If I were you, I would just go ahead and submit only the I-130. ou will be making a much wiser decision. I wish we could go back and do things right. Now, I am about to give birth all alone here in the United states, facing a second surgery all alone......

~Tara

[Ready2Kl 1]

Please don't post things that you have no idea what you are talking about. If an approved I-130 arrives with an I-129F at NVC at the same time, that I-129F is going back to USCIS as of Feb. 1, 2010. You can not file the I-129F for K-3 unless you file the I-130 first. Look here:

http://www.visajourney.com/forums/index.ph...t=0&start=0

There's also a link to DOS if you don't believe VJ.

Daboyz, i think you should read what i posted before posting your incorrect posting. You said i have no idea of what i am talking about. I have first hand experience because I went through the whole process. I never said you cannot file for I-129F before filing I-130. Where did you get that I have said something of that nature that you can file for I-129F before filing for I-130. All I said is that you still have an option of filing for I-129F(K3) and its not discontinued as one of the posters here claimed. The DOS website clearly says the criteria to be fulfilled before they abandon K3. Look before you speak.

[Ready2Kl 1]

There's a chance an I-129F for spouse will be processed by NVC but it's a ####### shoot over which there is no control. In practice, the petition SHOULD arrive the same day, resulting in the I-129F being administratively closed. Only in the off chance the petitions arrive separately, will the K3 case proceed.

Again, it's important to distinguish between filing a petition and applying for a visa. The OP is a USC, so by definition does not apply for a visa. Only AFTER NVC case complete can his spouse potentially apply for ANY visa.

Agree with pushbrk on the importance to distinguish between applying for a visa and petition.....

[sachinky 464]

Ready2KL--How do you KNOW for certain that adding the 129F doesn't push back the I-130, even if it is for a week or so? You got the approval for both on the same day but who's to say that your I-130 approval wouldn't have come at an earlier date, if you HADN'T added the 129F?

Congratulations on your visa approval, btw! Awesome.

Monky--Your I-130 is going to be approved BEFORE or simultaneously with the 129F if you submit one on Monday. Where's the sense in that? NVC won't process the K-3, anyway and continue with the CR-1.

[monky 0]

Totally Totally incorrect. NVC is still processing K3's. K3 is abandoned by NVC only if the I-130 approval occurs and they receive the approval at the same time. So it looks like they are phasing out K3 but at this point they are still being processed and it is totally incorrect to say that you cannot apply for K3.

It is truly sad that they are abandoning K3's because in our case K3 definitely saved us 2-3months of time. I say this because we got approved for I-130 and I-129F at the same time other September filers got theirs approved. I saw a lot of people drop K3 because of the advice they got on this site. K3 has its own set of advantages and I-130 has its own set of advantages. And in our case time of unity was our number one priority. We called NVC and they clearly said that K3 is faster than I-130. WE listened to them and we are glad we did. Our interview for K3 is approved as of today. So I am saying this with FIRST HAND experience and not just some hearsay that K3 does still work.

Our advice is apply for K3 immediately(as soon as possible) after you get your I-130 receipt. Then learn the pros and cons of both and then decide . Each has its own advantages and disadvantages. Further if they get approved at the same time then you will have to go with I-130 anyways. Otherwise for some reason if your I-130 gets slowed down by an RFE or something you always have something to fall back on. You will not regret it. Applying for K3 will not SLOW you down. Our I-130 approval came on the date of our NOA1 for 130 and adding our 129F app did not push us back into the line of anything like many on this site claim.

your explanation makes sense but what about if i apply for the k3 and then they close it because as FEB 1/10 if both get approved, only the I-130 stands! that is my concern. So i am going to expend another 500 dollars for something that is not going to help me to get my wife ASAP. Money is not the issue! what bothers me is the fact that like it or not i may have to wait a longer period of time to see my wife living with me.

I don't understand why immigration is doing this!

[pushbrk 12,569]

your explanation makes sense but what about if i apply for the k3 and then they close it because as FEB 1/10 if both get approved, only the I-130 stands! that is my concern. So i am going to expend another 500 dollars for something that is not going to help me to get my wife ASAP. Money is not the issue! what bothers me is the fact that like it or not i may have to wait a longer period of time to see my wife living with me.

I don't understand why immigration is doing this!

For the umpteenth time, applying for a visa occurs after a petition is approved and moves through NVC. NVC won't process an I-129F for spouse when an I-130 for the same spouse is approved. USCIS has been approving both petitions consistently on the same day for three years. Unless you think yours will be the exception, forgetaboutit.

[christeen 966]

A K3 will NOT get your wife here ASAP!!! There is NO WAY to get your spouse here ASAP (or we all would have don that!!!) Regardless, you are looking at between 5-9 months for either petition... Unless there are severe medical issues or military, you normally will not qualify for an expedite... The K3 IS NOT an expedite... and it processes in nearly the same time as the CR1.

[daboyz 36]

Daboyz, i think you should read what i posted before posting your incorrect posting. You said i have no idea of what i am talking about. I have first hand experience because I went through the whole process. I never said you cannot file for I-129F before filing I-130. Where did you get that I have said something of that nature that you can file for I-129F before filing for I-130. All I said is that you still have an option of filing for I-129F(K3) and its not discontinued as one of the posters here claimed. The DOS website clearly says the criteria to be fulfilled before they abandon K3. Look before you speak.

You said this:

Totally Totally incorrect. NVC is still processing K3's.

They are not. K-3 is dead.

http://travel.state.gov/visa/immigrants/ty...types_2993.html

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.

You seem to understand English. Let me know if I am reading this incorrectly.

[Christi and Ian 24]

Listen to Push and others here. I didn't, and I'm out $500 for a petition that I know will be closed, and thus far has STILL not been touched, let alone approved. I-129F is a complete waste of time. Why pay your attorney an extra fee for a petition that has almost no chance of processing through NVC? Yes, it COULD go through, but the odds are definitely not in your favor.

[pushbrk 12,569]

Listen to Push and others here. I didn't, and I'm out $500 for a petition that I know will be closed, and thus far has STILL not been touched, let alone approved. I-129F is a complete waste of time. Why pay your attorney an extra fee for a petition that has almost no chance of processing through NVC? Yes, it COULD go through, but the odds are definitely not in your favor.

How are you out $500? Was that how much extra an attorney charged you to file it?

[Christi and Ian 24]

How are you out $500? Was that how much extra an attorney charged you to file it?

Yep - $500 to mail a letter 50 miles down the road...

Push, remind me not to doubt your advice again, will you?