K3 gone, now only IR1? What do we do?

[M J Woods 1]

Okay, I'm really confused about this post-February 1, 2010 change. I had read up on everything we would need to do to get a K3 visa for my lovely husband, but I checked the K3 forum here and it appears that the K3 is, for all practical intents and purposes, dead. We've sent the I-130 and our check was cashed (we're both overseas right now so we still haven't received the NOA1), but what do we do now? Should we still go ahead and file the I-129f? Or is that unnecessary if we're going the IR1 route? I'd like to get things done in as timely a fashion as we can (obviously), but I don't know where to go from here. Maybe it's the lack of sleep? We have the case number (got it off the back of the check), but can we actually do anything without the physical NOA1?

As a secondary question, assuming the Turkish postal system screws up (not at all unlikely) and doesn't deliver the NOA1, can we request a duplicate somehow? A month from now I'll be back in the U.S. where the postal system is generally reliable.

Many thanks.

[SPSguy 18]

Okay, I'm really confused about this post-February 1, 2010 change. I had read up on everything we would need to do to get a K3 visa for my lovely husband, but I checked the K3 forum here and it appears that the K3 is, for all practical intents and purposes, dead. We've sent the I-130 and our check was cashed (we're both overseas right now so we still haven't received the NOA1), but what do we do now? Should we still go ahead and file the I-129f? Or is that unnecessary if we're going the IR1 route? I'd like to get things done in as timely a fashion as we can (obviously), but I don't know where to go from here. Maybe it's the lack of sleep? We have the case number (got it off the back of the check), but can we actually do anything without the physical NOA1?

As a secondary question, assuming the Turkish postal system screws up (not at all unlikely) and doesn't deliver the NOA1, can we request a duplicate somehow? A month from now I'll be back in the U.S. where the postal system is generally reliable.

Many thanks.

Contrary to popular assumptions I don't think K3 is dead. It's dead if both your 129f and 130 arrived at the NVC the same time. Which in all practical purposes doesn't make sense to go K3 ( since CR1 is now running about the same speed ).

However, if your situation is like mine, where my wife and I both work in her home country, we made the decision to move forward with K3 for the purpose of obtaing her the quickest visa to visit the U.S. for two years. For the first year or so we didn't do anything with the 130 approval and we continued to work overseas together and we let the 130 approval idle at NVC. About a day or two before our 2nd year anniversary I activated our 130 at NVC by filing affidavit of support and proceeded with the immigrant visa process. This was about two months ago.

TWo days ago my wife and I showed appeared at her interview and was approved for a IR1 visa, which entitles her to a 10 year greencard and social security card the next time we enter the U.S.

It was a strategic decision on our part to be able to acheive the following objectives:

1. work and live together in her home country.

2. obtain a quick visa..ie..K3.

3. Multiple entry privilege into U.S. for two years.

4. Less overall cost than filing K3 and adjutsing status after entering the U.S.

5. No need to lift conditions in two years since she will be issued a 10 year green card.

6. Her interview took no more than 3 minutes. It was quick and easy.

If our situation parallels that of yours I would look into filing your petitions so that the 129f and 130 do not arrive at NVC the same time.

When we did ours we filed both petitions simultaneously. And we intentionally wanted both petitions to be approved at about the same time and they were. But we intentionally let the 130 idle at NVC until past our two year anniversary.

There is no right or wrong way, and there is no absolute answer. Everything is subject to your personal circumstances.

Best wishes to your journey.

[pushbrk 12,883]

Okay, I'm really confused about this post-February 1, 2010 change. I had read up on everything we would need to do to get a K3 visa for my lovely husband, but I checked the K3 forum here and it appears that the K3 is, for all practical intents and purposes, dead. We've sent the I-130 and our check was cashed (we're both overseas right now so we still haven't received the NOA1), but what do we do now? Should we still go ahead and file the I-129f? Or is that unnecessary if we're going the IR1 route? I'd like to get things done in as timely a fashion as we can (obviously), but I don't know where to go from here. Maybe it's the lack of sleep? We have the case number (got it off the back of the check), but can we actually do anything without the physical NOA1?

As a secondary question, assuming the Turkish postal system screws up (not at all unlikely) and doesn't deliver the NOA1, can we request a duplicate somehow? A month from now I'll be back in the U.S. where the postal system is generally reliable.

Many thanks.

If you want an IR1 visa, there's never been any reason to file an I-129F. If you do so now, it will just slow down your I-130 processing and then end up being administratively closed by NVC.

It is PURE speculation to suggest that you can get USCIS to hold back your I-130 and forward only the I-129F. I would never advise anybody to pay $355 and wait months to find out. If your spouse intends to immigrate ASAP, IR1 is the superior choice now and for the past three years.

[Darnell 8,478]

I dunno - IMO, the IR-1 is a superior visa, when comparing K-3, CR-1, IR-1.

If yer up for an IR-1 visa, I say go for it.

re: NOA-1

--what address was used for the petitioner? usually, that's where the NOA-1 is sent

--check cashed, you say? review the front and back of it, in yer online banking portal, the NOA-1 receipt # / USCIS casenumber is there.

Edited April 28, 2010 by Darnell