California Service Center To Texas Service Center

[Val and Gary 29]

Yay, another 2 touches, I130 and I129F touched today 01 December. Please let us have our NOA 2 soon

Hope that will be a good sign .

Cip.

Yes, they are definitely being worked on now. Don't forget two people got their approvals through USPS after numerous touches and no update of status. Keep checking that mailbox!!!

[LotofPatience 65]

Yay, another 2 touches, I130 and I129F touched today 01 December. Please let us have our NOA 2 soon

Hope that will be a good sign .

Cip.

This is great news, Cip I smell your NOA2 on the way

Loto

[Never_lose_hope 10]

Yes, they are definitely being worked on now. Don't forget two people got their approvals through USPS after numerous touches and no update of status. Keep checking that mailbox!!!

Thanks, as one of our VJ member mentioned before I will kiss the mail box after the arrival of NOA2 :dance:

Cip.

[Never_lose_hope 10]

This is great news, Cip I smell your NOA2 on the way

Loto

Thanks Loto.

Just hope to came because we are almost out of patience. Wish that July fillers hear some good news this week.Good luck to all of you and fingers crossed. Our approvals will follow soon.

Cip.

[nab 74]

perhaps they will be working like mules to get through the paperwork now that they've had a holiday break! and with another holiday coming perhaps that will keep the carrot dangling in front of them to clear their desks and start the new year clean

[Never_lose_hope 10]

perhaps they will be working like mules to get through the paperwork now that they've had a holiday break! and with another holiday coming perhaps that will keep the carrot dangling in front of them to clear their desks and start the new year clean

nab,

Big laugh when I read your words, so funny. Maybe you have wright , just wait and see.

Cip.

[pushbrk 12,813]

pushb, you are absolutely right

Let me clarify it. If you feel any wordings are wrong, please let me know.

1) IR1/CR1 is always better

First of all, we (petitioner and/or beneficiary) don't have a choice (they can just hope or wish to approve I-130 first and I-129F second and vice versa) to approve this one first and approve the other one second. It is the decision of the USCIS. USCIS approves I-130 and I-129F petitions together in almost all cases. Then USCIS forwards both approved petitions to NVC. Here, NVC kills I-129F to pursue K-3 visa. I don't know if we can request NVC not to kill K-3 visa, in this case (Please answer it for me!). Since NVC kills K-3 path in this case, IR1/CR1 path is the only choice.

Why most people like IR1/CR1 including me? There are many benefits here. Few are - Beneficiary is immigrant, gets the GC immediately on arrival, able to work immediately after POE with SSN, eligible for U.S citizenship in around 3 years and many more.

2) Why people would want a K3 non-immigrant visa

First of all, they can wish for it. Wish and hope are different than "I want it" in this context. As I mentioned above, both I-130 and I-129F will be approved together in almost all cases. Ok, now what about few other cases (note only few cases, I have seen this in this year as well) where I-129F gets approved first and I-130 approval comes later? Here NVC can NOT kill K-3 path. Petitioner and/or applicant quickly proceeds with NVC K-3 steps and the case file is forwarded to the Consulate for K-3 non-immigrant visa. After successful K-3 interview, applicant comes here as non-immigrant. Obviously, they need to fo Adjustment of Status, if they wish to be the permanent resident in this case with additional money and time.

Why these few people wish (again wish!) for K-3? It is personal choice. Few reasons had already discusses here. Let me elaborate it again.

1) NVC takes around 1.5 months to complete the case for IR1/CR1 path whereas just 2 weeks for K-3 path. So, time sensitive people, it is a month's time saving

2) Some petitioners will be really on the edge of poverty line and they don't have good income in the prior years. If they get K-3 path, Affidavit of Support is I-134 for K-3 path which is relaxed than I-864's stricter poverty guidelines. Later these sponsors can build their finances based on good job acquired etc. this year and file I-864 as part of the Adjustment of Status.

3) As nad mentioned, she doesn't want immigrant visa. So, if she is lucky to get K-3 path and subsequent K-3 visa, she wants to spend time in the U.S as non-immigrant and when the non-immigrant time period expires, she will leave the U.S.

Now pushb, come up with your points and we can discuss it. If I am wrong in any of the above wordings, please feel free to point out, so that I will overlook in to it.

Again, I respect your wealth of wisdom and I have enjoyed reading your posts and still do

Loto

While the K3 is not available and to my knowledge no I-129F petitions for a spouse have cleared NVC since February, means the IR1 or CR1 are always best because they are the only spouse visas currently available, it does not mean that in all cases the IR1 or CR1 would be the best fit. K3 has always been a better fit for those who don't have immediate immigrant intent.

A better statement would simply be that the currently available spouse visas are IR1 or CR1, as applicable. They aren't better in all cases, just the only thing available in virtually all cases.

Only 3) of your 1-3 above is really meaningful, IMO because filing the I-129F itself puts the I-130 approval back almost as long as the extra time at NVC, so even when the K3 was available, it has saved only a matter of a month or so in time, since November of 2006. Consular officers tend to use I-864 criteria for K visas anyway and although the I-864 requires disclosure of past years of income, current income is what's most important.

Edited December 1, 2010 by pushbrk

[celldoc 21]

an update for the touch conspiracy theorists out there-

08-09-2010: NOA1 (I-130) Received text & email with case number

08-26-2010: I-130 Check Cashed by USCIS

09-09-2010: NOA1 (I129F) Received text & email with case number

11-02-2010: Cases Transferred to Texas

11-04-2010: Both cases touched

11-28-2010: I129F Touched- Received text and email saying case is being processed at a USCIS office

11-29-2010: I129F Touched

11-29-2010: I-130 Touched- Received text and email saying Case Status changed from "Initial Review" to "Post Decision Activity"

11-30-2010: I-130 Touched (in the "Post Decision Activity" phase)

12-01-2010: I129F Touched (still in the "Initial Review" phase)

[LotofPatience 65]

While the K3 is not available and to my knowledge no I-129F petitions for a spouse have cleared NVC since February, means the IR1 or CR1 are always best because they are the only spouse visas currently available, it does not mean that in all cases the IR1 or CR1 would be the best fit. K3 has always been a better fit for those who don't have immediate immigrant intent.

A better statement would simply be that the currently available spouse visas are IR1 or CR1, as applicable. They aren't better in all cases, just the only thing available in virtually all cases.

Only 3) of your 1-3 above is really meaningful, IMO because filing the I-129F itself puts the I-130 approval back almost as long as the extra time at NVC, so even when the K3 was available, it has saved only a matter of a month or so in time, since November of 2006. Consular officers tend to use I-864 criteria for K visas anyway and although the I-864 requires disclosure of past years of income, current income is what's most important.

I agree, pushb

Loto

[rpratt 2]

I agree, pushb

Loto

Good luck on your interview tomorrow morning!

[LotofPatience 65]

Good luck on your interview tomorrow morning!

Thank you rpratt

Loto

[celldoc 21]

Good luck on your interview tomorrow morning!

I second that- best of luck champ

[pushbrk 12,813]

Lest anybody thinks I'm not sympathetic to the desire for a K3 visa, I've opposed NVC's February 2010 action from the beginning because there are actually more actual valid reasons why their action was detrimental to US Citizens trying to unit families. Here's a (probably partial) list of the negative impacts.

1. At the time of their action, there were many families in the system pursuing K3 and K4 visas, who had not filed the I-130's for the children. These folks were left out in the cold and their reunions delayed until they could get those I-130's through the system.

2. There were and are currently a number of families pursuing the K3 visa who did NOT have immediate immigrant intent but could not obtain visas to enter the USA. Examples are those in border towns or easy travel distance from their USC spouses but needed to keep their jobs for a while. Other examples are families living abroad in countries from which the foreign spouse could not obtain a visitor visa.

3. The portions of the Life Act that created the K3 and K4 visa paths was effectively nullified by NVC's actions.

I'm interested in other examples of good solid reasons people prefer the K3 visa over the immigrant spouse visa. Some people's reasons may not be so valid or may be the result of misinformation. Others may well be solid reasons I haven't thought of. Whatever the valid reasons, I think the only way NVC's mind can be changed is through pressure from an influential member of Congress in behalf of one or more petitioner constituents. I would be happy to assist in articulating such a request but it would be in behalf of a current case. It's too late for me, as my K3 and K4 beneficiaries are already permanent residents for nearly three years.

[LotofPatience 65]

I second that- best of luck champ

Thanks to you too, celldoc

And wish you all speedy NOA2 too

Loto

[art646 3]

Thank you rpratt

Loto

Best wishes on interview Loto!!