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Can you still file I-129f after I-130 is at the embassy

By scroll in K-3 Spouse Visa Process & Procedures

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kpathak Enthusiast

kpathak   0

Posted
Filed: K-3 Visa Country: India
 Timeline
Posted

I don't have the answer but I wanted to say "DAMN!!!! -- ONE YEAR?".

I can empathize with you.

KP

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.

I-129F TRACK

2006-02-27: I-129 Sent

2006-03-02: NOA1

2006-07-24: NOA2

2006-07-31: Case received by NVC

2006-08-01: Case leaves NVC to New Delhi Consulate via DHL

2006-08-04: Case received by New Delhi Consulate

2006-08-08: Packet 3 mailed out by consulate

2006-08-17: DS-230 Part I couriered to consulate

2006-08-23: Got interview date (email and telephone confirmation)

2006-08-28: Picked-up packet 4 from the consulate, counter 16 (between 2 PM and 3 PM)

2006-09-20: Interview Date (VISA Approved!!!)

2006-09-23: Picked up Passport with VISA from Blue Dot courier office (VFS did not hold it)

2006-09-27: Reached Home!!! (POE Chicago)

I-130 TRACK

2006-02-08: I-130 Sent

2006-02-27: NOA1

2006-05-03: NOA2 (Approved)

2006-06-12: Received and entered into NVC system

2006-07-08: Self Generated DS-3032 and sent to NVC

2006-07-08: Received I-864 bill from attorney

2006-07-11: Paid I-864 bill

2006-07-12: Received IV bill

2006-07-17: Receive I-864 package

2006-07-19: Send back I-864 package

2006-07-19: Pay IV bill (was out on vacation)

2006-07-31: Sent in self-generated DS-230 (after NVC was ready)

2006-08-03: Case being reviewed by NVC (per operator)

2006-09-12: Case sent to New Delhi Consulate

2006-10-04: Emailed Consulate and got Original Interview Date (10/20/06) posponed to April 2007

scroll Enthusiast

scroll   0

Posted
Filed: K-3 Visa Country: Brazil
 Timeline
  • Author
Posted
I don't have the answer but I wanted to say "DAMN!!!! -- ONE YEAR?".

I can empathize with you.

KP

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.

thanks for the empathy. I will accept on behalf of others who are in this quandry, who I have posted the question for. we are going thru Brazil and the wait there is nothing like Mexico.

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

scroll,

You can, and the USCIS might even process it. But when the approved petition gets to the consulate it will not be acted on. The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. By the time an I-130 petition reaches a consulate it has completed processing and the associated immigrant visa has already been applied for.

Note also that K visa applications are processed by the immigrant visa units of the consulates.

Yodrak

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.
Edited by Yodrak
scroll Enthusiast

scroll   0

Posted
Filed: K-3 Visa Country: Brazil
 Timeline
  • Author
Posted
scroll,

You can, and the USCIS might even process it. But when the approved petition gets to the consulate it will not be acted on. The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. By the time an I-130 petition reaches a consulate it has completed processing and the associated immigrant visa has already been applied for.

Note also that K visa applications are processed by the immigrant visa units of the consulates.

Yodrak

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.

Thank you, Yodrak.

agcardenas04 Rookie

agcardenas04   0

Posted
Filed: K-3 Visa Country: Mexico
 Timeline
Posted

scroll,

You can, and the USCIS might even process it. But when the approved petition gets to the consulate it will not be acted on. The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. By the time an I-130 petition reaches a consulate it has completed processing and the associated immigrant visa has already been applied for.

Note also that K visa applications are processed by the immigrant visa units of the consulates.

Yodrak

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.

Thank you, Yodrak.

Thank you for posting this question for me. I'm so confused at to what to tell my friend. but it i understand correctly it will not be consider once it reachs the Consulate.

Alberto (Mexico) and Amanda (US)

OUR TIMELINE

February 14, 1999 Alberto crossed border illegally

May 29, 1999 I met Alberto for the first time

January 8, 2002 our first child was born

March 9, 2002 We got married

June 8, 2002 We filed for I-130

February 22, 2004 Alberto was pick up by immigration

March 9, 2004 I bonded Alberto out of immigration holding for $4000

April 3, 2004 Alberto's first court date.

April 21, 2004 Filed for I-129 F

June 1, 2004 Alberto's second court date.

Sept. 3, 2004 Alberto's third court date. He is going to have to leave the US by Jan. 1st through a VR

Oct. 1, 2004 Alberto decides to go ahead and leave his Mother is sick in Mexico

October 29, 2004 I-130 is approved 2 years 4 months later

December 9, 2004 Bryan was born ( Alberto was not here)

February 13, 2005 kids and I first trip to Mexico ( Alberto seen Bryan for first time)

February 21, 2005 I-129 F was approved, we choose to go that way since it would be faster

June 23, 2005 First interview, took fingerprints said next interview should be 3 months.

September 28, 2005 Next interview, filed waiver said it would take 3-5 months to approve

June 7, 2006 Waiver approved

July 24, 2006 Visa pick up appointment

*****DORA/AOS*****

Sept. 15, 2006 Got Immunization

Oct. 16, 2006 DORA interview

scroll Enthusiast

scroll   0

Posted
Filed: K-3 Visa Country: Brazil
 Timeline
  • Author
Posted

scroll,

You can, and the USCIS might even process it. But when the approved petition gets to the consulate it will not be acted on. The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. By the time an I-130 petition reaches a consulate it has completed processing and the associated immigrant visa has already been applied for.

Note also that K visa applications are processed by the immigrant visa units of the consulates.

Yodrak

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.

Thank you, Yodrak.

Thank you for posting this question for me. I'm so confused at to what to tell my friend. but it i understand correctly it will not be consider once it reachs the Consulate.

Yodrak, can you help me again please. There is a question about your statement below:

"The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. "

This is the question:

"Something does not seem right about that quote - my understanding is that the purpose of a K3 is to bring a spouse in a foreign country to the US as a non-immigrant and to allow them to be together while adjusting status. I believe that once they enter on a K3 there is no processing of an I-130 - just additional AOS."

aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

scroll,

You can, and the USCIS might even process it. But when the approved petition gets to the consulate it will not be acted on. The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. By the time an I-130 petition reaches a consulate it has completed processing and the associated immigrant visa has already been applied for.

Note also that K visa applications are processed by the immigrant visa units of the consulates.

Yodrak

If the I-130 has already arrived at the embassy, can you still file the I-129f. The wait time for an appt in CDJ for an approved I-130 is at least 1 year.

Thank you, Yodrak.

Thank you for posting this question for me. I'm so confused at to what to tell my friend. but it i understand correctly it will not be consider once it reachs the Consulate.

Yodrak, can you help me again please. There is a question about your statement below:

"The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. "

This is the question:

"Something does not seem right about that quote - my understanding is that the purpose of a K3 is to bring a spouse in a foreign country to the US as a non-immigrant and to allow them to be together while adjusting status. I believe that once they enter on a K3 there is no processing of an I-130 - just additional AOS."

One that enters on a K-3 must have an approved I-130 to adjust to immigrant status. I-130's at one stage took many years to be approved and an immigrant visa granted. Hence the K-3 came into existence.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

scroll,

A K3 has the option of adjusting status while in the USA or of returning to their former country to apply for an immigrant visa when the I-130 petition is approved .

Yodrak

Yodrak, can you help me again please. There is a question about your statement below:

"The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. "

This is the question:

"Something does not seem right about that quote - my understanding is that the purpose of a K3 is to bring a spouse in a foreign country to the US as a non-immigrant and to allow them to be together while adjusting status. I believe that once they enter on a K3 there is no processing of an I-130 - just additional AOS."

Edited by Yodrak
scroll Enthusiast

scroll   0

Posted
Filed: K-3 Visa Country: Brazil
 Timeline
  • Author
Posted
scroll,

A K3 has the option of adjusting status while in the USA or of returning to their former country to apply for an immigrant visa when the I-130 petition is approved .

Yodrak

Yodrak, can you help me again please. There is a question about your statement below:

"The purpose of the K3 visa is to allow the alien spouse to enter the USA to be with their USC spouse while an I-130 petition is being processed. "

This is the question:

"Something does not seem right about that quote - my understanding is that the purpose of a K3 is to bring a spouse in a foreign country to the US as a non-immigrant and to allow them to be together while adjusting status. I believe that once they enter on a K3 there is no processing of an I-130 - just additional AOS."

Thank you again.

 
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