can you continue I130 processing if already have K3?

[pbgirl 1]

Hi all,

Quick question that I have been trying to read through our posts and pinned topics about. I think I posted this question in the wrong forum last time..

If your spouse enters the US on a K3, but the I130 is approved, can you continue the I130 route and do DCF? When I start getting the paperwork for the I130, should I start the process? My husband had his K3 interview but no visa has been given yet. But he may arrive by the time they send me I130 paperwork.

Are you even allowed to do this? Or are you supposed to notify NVC that your spouse is here and you are supposed to file for AOS?

Thanks.

[CarolineM 0]

But if it's DCF you are filing IN THE COUNTRY OF THE NON USC. If he's going to be in the US - you'd have to fly BACK to India for the interview?

and you say he already had his interview? Why was no visa given?

i'm confused

[zyggy 9]

Hi all,

Quick question that I have been trying to read through our posts and pinned topics about. I think I posted this question in the wrong forum last time..

If your spouse enters the US on a K3, but the I130 is approved, can you continue the I130 route and do DCF? When I start getting the paperwork for the I130, should I start the process? My husband had his K3 interview but no visa has been given yet. But he may arrive by the time they send me I130 paperwork.

Are you even allowed to do this? Or are you supposed to notify NVC that your spouse is here and you are supposed to file for AOS?

Thanks.

The answer is no... Once the I-130 in approved the US you must either go through with the CR-1 visa through the NVC which will require the alien to return to their home country for the interview, or the alien can apply for PR in the US by filing an I-485 at the Chicago lockbox.

[pbgirl 1]

Hi,

Thanks for the replies.

No visa was issued yet because he was asked to submit fingerprints and we are waiting for results. We were planning to go to India for a family visit later this year anyway, so was wondering if it was easier/better to do DCF that way (get your permanent status approval right away). But I suppose it takes the same amount of time for the AOS to go through as it would waiting for I130 paperwork DCF.

Sorry, I am new to all this and my head is reeling. I haven't had anyone to guide me through this and I am confused about what to do/not do. All i know is I filed for the K3, all the paperwork was approved etc., and now just a waiting game. India is a slower consulate than others, where everything from UCIS and NVC was approved within a matter of 2-21/2 months. But the consulate took 2 months just to give us an interview date. Which exaplains why the I130 is through approval now.

It just seemed like less hassle and wait if you have the DCF route, then the AOS, biometrics etc.

Again, thanks. It helps to have a community who knows the process (and the frustration of being apart!).

[CarolineM 0]

Well the other issue is, it doesn't sound like you're even eligible to file DCF if you haven't lived in India...

[pbgirl 1]

Well the other issue is, it doesn't sound like you're even eligible to file DCF if you haven't lived in India...

Ok, never mind... I think am confusing DCF with the plain old CR1 visa status. Of letting the I130 continue to process and then go through the interview at the foreign embassy where the paperwork is submitted by the NVC.

India requires you reside in the country for a 60 day period before DCF (although I am of Indian origin so that might also be relevant). I couldn't take that amount of time off of work when we got married. So I had to forgo that option.

[Yodrak 7]

pbgirl,

Once you have an approved I-130 why would you want to file another one?

But for sure you want to hold on to the I-130 you've got - an approved I-130 is necessary for a K3 to adjust status.

Yodrak

Hi all,

...

If your spouse enters the US on a K3, but the I130 is approved, can you continue the I130 route and do DCF? ...

Thanks.

[meauxna 15]

Ok, never mind... I think am confusing DCF with the plain old CR1 visa status. Of letting the I130 continue to process and then go through the interview at the foreign embassy where the paperwork is submitted by the NVC.

You got it figured out.

The answer is 'yes'. Your husband can take the K-3 if/when and come to the US. Meanwhile, you can keep responding to the NVC with your I-864 and DS-230 (well that is your husband's) and move toward an Immigrant Visa (CR-1) appointment. He can then return to India and have that interview there, and return as a Permanent Resident.

[joe84 0]

The answer is 'yes'. Your husband can take the K-3 if/when and come to the US. Meanwhile, you can keep responding to the NVC with your I-864 and DS-230 (well that is your husband's) and move toward an Immigrant Visa (CR-1) appointment. He can then return to India and have that interview there, and return as a Permanent Resident.

Wow, really?!!! So isn't this a "better" option than filing for AOS, EAD, etc? Granted it entails another trip for the person on K3 to go back to his/her home country for the interview. But does it not buy him/her an LPR status sooner this way? Any idea, what the typical ballpark times are for each? But I'm guessing most people typicall wouldn't opt for this and file for AOS, EAD right away? Unless their K3 took longer than it should normally or they don't mind the extra traveling?

Thanks.

[meauxna 15]

The answer is 'yes'. Your husband can take the K-3 if/when and come to the US. Meanwhile, you can keep responding to the NVC with your I-864 and DS-230 (well that is your husband's) and move toward an Immigrant Visa (CR-1) appointment. He can then return to India and have that interview there, and return as a Permanent Resident.

Wow, really?!!! So isn't this a "better" option than filing for AOS, EAD, etc? Granted it entails another trip for the person on K3 to go back to his/her home country for the interview. But does it not buy him/her an LPR status sooner this way? Any idea, what the typical ballpark times are for each? But I'm guessing most people typicall wouldn't opt for this and file for AOS, EAD right away? Unless their K3 took longer than it should normally or they don't mind the extra traveling?

Thanks.

joe,

"Better" is always relative---what's better for me might not be better for you.

I don't know how common it is for a K-3 to return for the Immigrant Visa, but there is a thread devoted to the topic somewhere here.. enough people do it that it's not unheard of.

Whether or not it is a faster way to LPR depends entirely on your District Office processing times. Where I live, AOS typcally takes 6 or so months from submission to interview. In many cities (Atlanta, NYC, most of Florida etc) it can take up to 3 years to get an AOS interview. In the case of my city, it might make more sense to file for AOS. If you live in Atlanta, it might make more sense to return to the home country and get the job done.

The purpose of the K-3 is to get the immigrant spouse here as quickly as possible. What happens in reality regarding which petition gets to the Consulate first is a crapshoot.. there is no way to predict.

I tend to think of the I-129f/K-3 option as a reasonably cheap insurance policy that buys you an additional option if something else slows down (look at availability of immigrant vs non-immigrant visa interviews at the consulate you are using, for example).

So many things to decide!

[joe84 0]

meaxna, thanks a lot for that reply.

Yes, this may not be something that is universally best, agreed. I wasn't even aware of this and I'm super thrilled to know about it now. Like you said, K3 provides a soft padding and an insurance for plan B to fall back on if things don't go all that well with plan A. And that's a great reason, among others, to go for K3, and forget about K1. This if I cannot afford DCF, that is.

Thanks again, a lot.

[meauxna 15]

meaxna, thanks a lot for that reply.

Yes, this may not be something that is universally best, agreed. I wasn't even aware of this and I'm super thrilled to know about it now. Like you said, K3 provides a soft padding and an insurance for plan B to fall back on if things don't go all that well with plan A. And that's a great reason, among others, to go for K3, and forget about K1. This if I cannot afford DCF, that is.

Thanks again, a lot.

joe, glad it's getting more clear for you---can be quite confusing at the start, I know.

Just remember that for the K-3 you must marry, and that will likely happen in India, so factor that time/money part in (not to mention familial happiness) and you're on your way.

Best wishes!

[pbgirl 1]

Thanks for all the feedback everyone (and having the lightbulb go off in one posters head! )

I am not sure what the AOS time is for Detroit. But after reading so much about the delays, information requests etc, I am inclined to think keeping the I130 alive might not be a bad idea. You have to pay the $380 IV fee for this process too, so not sure about if you save any money this way.

But my guess is if I keep it alive, and based on the current processing times I have seen, the CR-1 interview would probably be scheduled around August/September. My I130 was just approved on Feb 14 (awww...) and I know there is a lot of back and forth mailing with NVC before the packet even makes it to the Embassy.

Anyway, I'll figure out what to do. It's a good option to keep open.

But can you get only the EAD while processing the I130, (while most EADs go with AOS).

[meauxna 15]

But can you get only the EAD while processing the I130, (while most EADs go with AOS).

Yes, K-3s can apply for EAD independant of the AOS; they're special

Keep the ole I-130 door open, for sure. It can sit at the NVC for awhile, but once you start paying fees, you're commited to Consular Processing (Immigrant Visa application/CR-1). Getting the whole thing to coordinate with already-planned travel might be interesting, but worth it if Detroit takes a long time with AOS. I suggest you look at the history of Detroit AOS instead of the snapshot of just what's posted today (I'd check with past posters who went thru that office) so you can have a better idea of the timeframe. Which can change at any minute anyway