K-1 vs K-3???

[pushbrk 12,898]

I followed the VJ members advice of not pursuing the K3 and I regret it a bit. After february filers I-130 form processing as virtually came to a stop. I think its very possible that the I-129 form can reach NVC before the I-130. I would suggest that all new filers submit the I-129F after receiving their NOA1 for the I-130.

First Google "post hoc, ergo propter hoc".

USCIS is still processing and approving the petitions together as evidenced by the several reports of exactly that. I-130 processing times always get longer in the Spring when the flood of H1B applications come in.

[Darnell 8,478]

I followed the VJ members advice of not pursuing the K3 and I regret it a bit. After february filers I-130 form processing as virtually came to a stop. I think its very possible that the I-129 form can reach NVC before the I-130. I would suggest that all new filers submit the I-129F after receiving their NOA1 for the I-130.

You can still FILE ONE - nothing is stopping you - you might be 'good to go' for FILING the I-129F petition, as you've not been approved on the I-130 (see http://www.visajourney.com/timeline/profile.php?id=71225 )

What benefit are you seeking, and why the regret ?

[rvince 0]

You can still FILE ONE - nothing is stopping you - you might be 'good to go' for FILING the I-129F petition, as you've not been approved on the I-130 (see http://www.visajourney.com/timeline/profile.php?id=71225 )

What benefit are you seeking, and why the regret ?

Nothing is stopping me, I am gathering my paperwork now. The problem is, I should have filed back in March when I received my NOA1.. Thats what I regret. Sending at this late date makes it more likely that NVC would indeed receive both approvals at the same time. If I had done it when I was suppose to do it, the odds of NVC receiving the I-129 was more likely. Personally, I would suggest any new filers petitioning for their spouse to file the 129F. March Filers such as myself seem to be the Test Dummies for the Feb 1st decision.

[rvince 0]

First Google "post hoc, ergo propter hoc".

USCIS is still processing and approving the petitions together as evidenced by the several reports of exactly that.

No need to Google Post hoc, Ergo propter hoc, because it doesn't apply to argument. I would accept the possibility, if you supplied said evidence showing that they are doing exactly that. The truth is that there are only assumptions as to why the process was changed to close K3 status if both petitions are approved. Maybe USCIS is choosing which petition will be approved. Is it possible they they could decide I-130 approval based on "X" conditions but if those conditions are absent K3 is the acceptable decision? Makes sense to me. March Filers are the guinea pigs it seems. As one of the Test Dummies, my advice to new filers is to return both I-130 and I-129F

[Darnell 8,478]

rvince, IMO (based on studying K-3 timelines here) -

USCIS seems to make concerted effort to 'join' the two casefiles during it's processing, and

the approvals on the I-130 and I-129F are occuring on the same day.

From what I've been able to glean, after the I-129F is submitted -

the I-130 then loses it's original place in the queue, getting joined up with the I-129F, and

then is same adjudicator / reviewer at USCIS, keeping both casefiles on his/her/it's desk.

This pattern seemed to start on or about Feb 1, 2009 (again, from the timeline data that I'm reading)

so for the 'end game' at NVC, to administratively close the I-129F, does make a lot of sense.

But But But... for those ppl who's foreign spouse has children coming over, on derivate K4 status, well, it's a nightmare - must now file I-130 for each child, and pray for expedite after Mum's I-130 is appoved.

Anyway.... like I said - one could always try, knowing in advance, 1 of 2 possible results, with one result weighted MORE LIKELY than the other.

[rvince 0]

rvince, IMO (based on studying K-3 timelines here) -

USCIS seems to make concerted effort to 'join' the two casefiles during it's processing, and

the approvals on the I-130 and I-129F are occuring on the same day.

From what I've been able to glean, after the I-129F is submitted -

the I-130 then loses it's original place in the queue, getting joined up with the I-129F, and

then is same adjudicator / reviewer at USCIS, keeping both casefiles on his/her/it's desk.

This pattern seemed to start on or about Feb 1, 2009 (again, from the timeline data that I'm reading)

so for the 'end game' at NVC, to administratively close the I-129F, does make a lot of sense.

But But But... for those ppl who's foreign spouse has children coming over, on derivate K4 status, well, it's a nightmare - must now file I-130 for each child, and pray for expedite after Mum's I-130 is appoved.

Anyway.... like I said - one could always try, knowing in advance, 1 of 2 possible results, with one result weighted MORE LIKELY than the other.

Yes I understand your point. Still, February 2009 doesn't necessarily apply to those in February 2010. We don't know if the administrative patterns have changed because of NVC's decision or as a result of NVC's decision. I didn't realize that I neglected to submit my I-129 form based on pre-February 2010 patterns that could have very well changed due to the new NVC processing rules. When approvals were being processed in 50 to 60 days It made sense to hold both together. But if things are stretching to 100, 120 and possibly 6 months, maybe issuing out K3 visas make more sense while continuing the I-130 process. Meanwhile people are ignoring their I-129F based on assumptions derived from old patterns that may be shifting. Closing K3 status was a big change, how can we be sure that processing activities are not changing as well? We cant until February 2011.

[Darnell 8,478]

The pattern I noted was for USCIS, not NVC - these are different beasties.

and that pattern for USCIS (to put both petitions together) has been CONSTANT since Feb 2009, to current.

Sorry for any confusion about it. But - take it all with a grain of salt, as well - as these are patterns that *I* notice - others will notice OTHER patterns, also.

[rvince 0]

The pattern I noted was for USCIS, not NVC - these are different beasties.

and that pattern for USCIS (to put both petitions together) has been CONSTANT since Feb 2009, to current.

Sorry for any confusion about it. But - take it all with a grain of salt, as well - as these are patterns that *I* notice - others will notice OTHER patterns, also.

Your points are well taken.

[pushbrk 12,898]

The pattern I noted was for USCIS, not NVC - these are different beasties.

and that pattern for USCIS (to put both petitions together) has been CONSTANT since Feb 2009, to current.

Sorry for any confusion about it. But - take it all with a grain of salt, as well - as these are patterns that *I* notice - others will notice OTHER patterns, also.

The pattern described has been consistent for about a year longer than that. All the evidence the pattern continues is continually reported in this forum for anybody to read. The pattern that should concern you most is that your I-130 is likely to be pulled out of its place in line days before it would have been approved. Sounds like you're just worried because you're tired of waiting for your I-130 to be approved. At this point, chances are your I-130 will be approved BEFORE the I-129F gets joined with it. The worst case is they ARE joined and your approval is delayed a couple months, THEN the I-129F gets closed by NVC anyway.

The only agenda Darnell and I have in advising against filing the I-129F for spouse is to help people avoid avoidable delays. My wife and daughter came on K3 and K4 visas when they saved time and BEFORE the major processing change of November, 2006. Things have changed several times since then.

[rvince 0]

The pattern described has been consistent for about a year longer than that. All the evidence the pattern continues is continually reported in this forum for anybody to read. The pattern that should concern you most is that your I-130 is likely to be pulled out of its place in line days before it would have been approved. Sounds like you're just worried because you're tired of waiting for your I-130 to be approved. At this point, chances are your I-130 will be approved BEFORE the I-129F gets joined with it. The worst case is they ARE joined and your approval is delayed a couple months, THEN the I-129F gets closed by NVC anyway.

The only agenda Darnell and I have in advising against filing the I-129F for spouse is to help people avoid avoidable delays. My wife and daughter came on K3 and K4 visas when they saved time and BEFORE the major processing change of November, 2006. Things have changed several times since then.

I can see your point as well.. I am just trying to see if the pattern of holding both continued after Feb 10th. I saw one example but the other timelines are unavailable for view. I guess, I will have to wait and see if I made the right decision.