Closing the K3 process when the I-129 and I-130 is approved

[rvince 0]

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:

What does this mean? Is this bad or good news? USCIS received my I-130 March 6th and cashed the check March 12th. Will this new process make things faster or slower?

[sjr09 155]

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:

What does this mean? Is this bad or good news? USCIS received my I-130 March 6th and cashed the check March 12th. Will this new process make things faster or slower?

Just what it means! The K-3 was introduced at a time when the I-130 was taking a lot of time for process, it's a dinosaur now days....

Your fine and in truth the IR/CR is cheaper in the long run.

Edited March 13, 2010 by sjr09

[mrs. wife! 3]

read this http://www.visajourney.com/forums/index.php?showtopic=240802

[pushbrk 12,330]

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:

What does this mean? Is this bad or good news? USCIS received my I-130 March 6th and cashed the check March 12th. Will this new process make things faster or slower?

It means don't file the I-129F.

[rvince 0]

It means don't file the I-129F.

Well, basically I'm just trying to understand if this is going to make things even more complicated. I was finally getting my mind around the K3 process and now USCIS says it will be closed if approved. Doesn't make sense to me. I guess there are no real answers out there because no one has gone through it yet. I guess I'll be the test dummy if approved. But unless you have a better explanation, I will still file the I-129F.

[rvince 0]

read this http://www.visajourney.com/forums/index.php?showtopic=240802

Thanks for the link it was helpful. I guess I cant worry about it, there is no choice in the matter.

[pushbrk 12,330]

Well, basically I'm just trying to understand if this is going to make things even more complicated. I was finally getting my mind around the K3 process and now USCIS says it will be closed if approved. Doesn't make sense to me. I guess there are no real answers out there because no one has gone through it yet. I guess I'll be the test dummy if approved. But unless you have a better explanation, I will still file the I-129F.

Yes, the CR1 process is a bit more complicated than the K3 process from filing to visa but you skip adjusting status. You've got plenty of time to learn the process while the petition is being adjudicated. Filing the I-129F will just slow you down, so don't do it.

[mrs. wife! 3]

Well, basically I'm just trying to understand if this is going to make things even more complicated. I was finally getting my mind around the K3 process and now USCIS says it will be closed if approved. Doesn't make sense to me. I guess there are no real answers out there because no one has gone through it yet. I guess I'll be the test dummy if approved. But unless you have a better explanation, I will still file the I-129F.

Don't file the I-129F. I applied for K3 and they approved my 129 and 130 together, so I ended up doing CR1.

As said before, the I-129F will only slow you down. Stick it with Cr1.

[christeen 966]

Don't file the I-129 for the K3, it will slow down the CR1 process... Just follow the steps for CR1... Better visa and less BS in the end

[rvince 0]

Don't file the I-129 for the K3, it will slow down the CR1 process... Just follow the steps for CR1... Better visa and less BS in the end

Ok thanks, I will skip the 129 form. Thanks for the advice.

[Ready2Kl 1]

Well, basically I'm just trying to understand if this is going to make things even more complicated. I was finally getting my mind around the K3 process and now USCIS says it will be closed if approved. Doesn't make sense to me. I guess there are no real answers out there because no one has gone through it yet. I guess I'll be the test dummy if approved. But unless you have a better explanation, I will still file the I-129F.

USCIS never said they will close K3. NVC and USCIS are different agencies with different duties. And filing for I-129F wont hurt. It didnt hurt me nor atleast a coule of people who first hand filed K3 in the last couple of months. You might hear a lot of hearsay either from people who went through K3 a long time back or who never did go through K3. Atleast thats what any lawyer or any body in USCIS will tell you in my opinion. In the worst case they will approve your I-130 and I-129F and then NVC will administratively close your K3 process.

[pushbrk 12,330]

USCIS never said they will close K3. NVC and USCIS are different agencies with different duties. And filing for I-129F wont hurt. It didnt hurt me nor atleast a coule of people who first hand filed K3 in the last couple of months. You might hear a lot of hearsay either from people who went through K3 a long time back or who never did go through K3. Atleast thats what any lawyer or any body in USCIS will tell you in my opinion. In the worst case they will approve your I-130 and I-129F and then NVC will administratively close your K3 process.

That's not the worst case. It's the definite case. Filing the I-129F causes the I-130 to lose its place in line and get back in line where the I-129F sits, so filing it has been delaying I-130 approvals for the last three years.

If there's not going to be any K3 visa issued, there's no point in delaying your I-130 and CR1 process.

That USCIS and NVC are different agencies is not "news". It's the "problem". Take it from somebody who actually did bring their spouse on a K3 visa in 2006 and has carefully watched the evolution of K3 from viable and time saving to it's death, February 1, 2010. May it be resurrected for the small percentage of cases where it has value, is my wish but it's a wish, not a realistic expectation.

Edited March 18, 2010 by pushbrk

[aurora07 6]

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:

What does this mean? Is this bad or good news? USCIS received my I-130 March 6th and cashed the check March 12th. Will this new process make things faster or slower?

hello rvince. we are on the same boat. we sent our I130 hoping for a K3 visa. We already have our NOA1 and undecided if we should still send out the K3. I called the Visa hotline the other day. I asked if sending the I129-f would slow down the process, she said no. And it doesn't matter when those 2 are approved. As long as the I129-f catch up with I130 in USCIS, they will be sent together to NVC. The girl asked me to call USCIS to confirm.

The USCIS girl had to put me on hold to find out what I was talking about. She said I can still send the I129-f if i want to. It's like taking your chance. If that gets approved sooner than the I130, k3 visa is still possible. Honestly, until now, I'm still confused.

[christeen 966]

Bull$hit in what USCIS operator that had to put you on hold to even find out what the hell you were talking about!!!! You can believe that person OR go with what the people here on VJ have to say and have experienced!!! Your choice! FILING THE 129 WILL SLOW YOUR I-130 DOWN!!! They pull the application out of line and put it with the newly filed I-129... Then they are approved together and the I-129 is closed and you wasted time for them to process 2 applications (knowing that only the I-130) would be used...

Its' your time to wase however so choose as you will... believe who you want... But generally the people here on VJ have a better grasp of how things ACTUALLY work, versus an operator with a script who has never went through the process

[Amit-N-Melody 11]

Bull$hit in what USCIS operator that had to put you on hold to even find out what the hell you were talking about!!!! You can believe that person OR go with what the people here on VJ have to say and have experienced!!! Your choice! FILING THE 129 WILL SLOW YOUR I-130 DOWN!!! They pull the application out of line and put it with the newly filed I-129... Then they are approved together and the I-129 is closed and you wasted time for them to process 2 applications (knowing that only the I-130) would be used...

Its' your time to wase however so choose as you will... believe who you want... But generally the people here on VJ have a better grasp of how things ACTUALLY work, versus an operator with a script who has never went through the process

totally agree with you!!