I-130 and I-129F Approved 2/12/10, CR-1 only? K-3 gone?

[maracuyámor 1]

Hello everyone!

Well, I received notice in the mail today that the I-130 and I-129F applications have been approved (NOA-2s). They were both officially approved on February 12, 2010. Am I now part of that special group that can only file for the CR-1 (been married less than two years)? Is the K-3 process no longer an option? If I read the information correctly, if both applications are approved at the same time, then the CR-1 is the only option and the K-3 is withdrawn? If you look at my timeline, the I-130 was received by USCIS on November 6th, while the I-129F was received November 25th, only a few weeks apart, but if they were approved on the same day then I assume I am on the CR-1 only route? If this is the case, I am perfectly fine with doing the CR-1, in fact, I prefer going the CR-1 route. Before I stumbled upon this website I thought that the K-3 was the only option. Thankfully though, the CR-1 does appear to be available. Should I still call USCIS or NVC to confirm that the application will be processed as a CR-1, instead of the K-3? Please let me know what you think!

Thank you!

[payxibka 10,047]

Hello everyone!

Well, I received notice in the mail today that the I-130 and I-129F applications have been approved (NOA-2s). They were both officially approved on February 12, 2010. Am I now part of that special group that can only file for the CR-1 (been married less than two years)? Is the K-3 process no longer an option? If I read the information correctly, if both applications are approved at the same time, then the CR-1 is the only option and the K-3 is withdrawn? If you look at my timeline, the I-130 was received by USCIS on November 6th, while the I-129F was received November 25th, only a few weeks apart, but if they were approved on the same day then I assume I am on the CR-1 only route? If this is the case, I am perfectly fine with doing the CR-1, in fact, I prefer going the CR-1 route. Before I stumbled upon this website I thought that the K-3 was the only option. Thankfully though, the CR-1 does appear to be available. Should I still call USCIS or NVC to confirm that the application will be processed as a CR-1, instead of the K-3? Please let me know what you think!

Thank you!

You can still select which visa to pursue... most in your situation do select the CR/IR route

[maracuyámor 1]

You can still select which visa to pursue... most in your situation do select the CR/IR route

I thought that for my particular situation the K-3 is no longer an option?

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.

* 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. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

[pushbrk 13,124]

You can still select which visa to pursue... most in your situation do select the CR/IR route

Pay needs to read the latest from NVC with regard to K3 like the OP already has.

To the OP, you have read incorrectly. NVC's policy of administratively closing I-129F/K3 cases refers to receiving both petitions, not approval the same day. In effect, the result is likely to be the same. CR1 is your remaining option.

What's not clear is how NVC will deal with the two petitions if they are approved the same day but not received "at the same time". The language isn't clear and we don't have data points regarding petitions received on separate days yet.

Edited February 22, 2010 by pushbrk

[daboyz 36]

I thought that for my particular situation the K-3 is no longer an option?

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.

* 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. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

CR-1 is the way to go. Follow Lingche's shortcuts here:

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

[maracuyámor 1]

Pay needs to read the latest from NVC with regard to K3 like the OP already has.

To the OP, you have read incorrectly. NVC's policy of administratively closing I-129F/K3 cases refers to receiving both petitions, not approval the same day. In effect, the result is likely to be the same. CR1 is your remaining option.

What's not clear is how NVC will deal with the two petitions if they are approved the same day but not received "at the same time". The language isn't clear and we don't have data points regarding petitions received on separate days yet.

Do you think I should I call into NVC and request that the K-3 be canceled and that I want to go with the CR-1? They already have a case number assigned for me. Oh, and by the way, hopefully me being involved with a non-profit immigration office, which is representing my application (for free), will not be an issue. I have yet to discuss that with the office handling my application that I would like to go the CR-1 route. We had originally decided upon going with the K-3, but with the I-130 being approved so fast, I am all for the CR-1. It sounds like I could be in for a fun ride. I doubt that the non-profit immigration office will have a problem with me changing from the K-3 to the CR-1, but I wonder how NVC would handle that. Also, I feel fairly confident finishing the application process on my own, now that the I-130 has been approved so easily. Is there anyway for me to just drop the immigration office from the application and do it on my own? I noticed that my NOA-2 for the I-130 and I-129F were just "courtesy copies" and the real deals were sent to the immigration office, along with any information pertaining to NVC. Is it too late to drop the immigration office from the application now that the information has been forwarded on to NVC, or is it still possible for me to go solo? I would appreciate it very much if you could provide any information. I will probably have an interesting phone call with NVC tomorrow. Thank you in advance!

[maracuyámor 1]

As is reflected by my timeline, the application is now being processed as a CR-1!!!!!!!! Happy days!

Edited February 24, 2010 by maracuyámor