K3 or the visa received through the I-130, which should I do?

[TJ 4EVER 40]

Hi everyone,

I am very new to this site and must say I am so excited that I stumbled accross it. I have filed my I-130 for my husband who resides in Nigeria and received the NOA1 for that petition on 12/14 and approved 12/16. I am now putting together the I-129f but am a bit confused. It appears that the waiting time for both the K3 and the other visa (forgive me I cannot think of the name for it at the moment) is the same. Should I submit the I-129f or just wait for the process of the I-130 to be completed. I do not have much resources and this cost...I plan on submitting the form tomorrow after my husband and I have the opportunity to pray over it...I don't know...please can someone just give me your opinion?

Thanks....TJ

[canadian_wife 1,823]

The K-3 visa is no longer a viable option. The K-3 was administratively closed per NVC earlier this year. Don't waste any effort on th I-129F

Also, I think your timeline is a bit wonky. NO ONE gets I-130 approval in 2 days. Could you please fill in your timeline?

Thanks and good luck

[TJ 4EVER 40]

Thanks for the response....

I recieved a receipt, the Notice of Action that was dated for 12/16/10...I didn't submit it on the 14th of December, that is when the office received it. I mailed it on the 7th of December. If I am still saying it wrong, please help me understand. Also if the I-129f is not valid anymore then why are thhey still suggesting it? And what is the difference between the two? Sorry for my ignorance, I just want to be informed...Thanks

TJ

[canadian_wife 1,823]

USCIS can do whatever they like, including recommending the I-129F for the K-3 visa. However, NVC will close the K-3 petition, as per their statement earlier this year. It has been happening for almost a year now, the closing of the K-3, so no reason to think differently for your case.

Back when the I-130 for the Cr-1 visa was taking years to approve, the K-3 allowed the immigrant to wait in the US while pending the I-130. Since processing times has sped up for the I130, the K-3 is obsolete.

You do not have approval yet, you have a receipt that USCIS has received your petition. You should have a receipt number, either starting with EAC to show that your petition is at Vermont or WAC for California. You can use this to log onto the USCIS website to track your case. Expect processing for USCIS approval at about 5 months - from there your case will go to NVC and then onto Lagos (which by the way is the toughest consulate to deal with. Make sure you have EVERYTHING ready for Lagos - including telephone logs as they have been asking for them recently)

Good luck

[YuAndDan 153]

Unless there is something that significantly holds up processing of the I-130, USCIS WILL tie both I-129F AND I-130 together and approve then at same time sending together to NVC.

K-3 process is still a valid process until the congress repeals the LIFE ACT.. However, it's purpose no longer exists, it was developed at a time when spouses were WAITING long time for I-130 approvals, the K-3 allowed entry to the USA and WAITING for I-130 to be approved so that they could either return to home country for a spouse visa interview or file AOS, they had to wait for I-130 approval to file AOS, since USCIS is approving them on same date the reason no longer exits, WAITING for I-130 approval.

Here is what NVC does when USCIS approves them together..

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
  
• The application process explained below will not be applicable and cannot be used.
  
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.
  

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

[NigeriaorBust 4,087]

K3 is a dead option and more or less a waste of postage. The CR1 route is the best. While you are waiting for approval you can study the Lagos horror stories and prepare for the consulate experience. They have shifted a LOT of focus to phone records. Make sure you get them in order. Also fully document the evolution of the relationship and your ongoing relationship proof. Also hope the "Asian lady" retires.

[YuAndDan 153]

K3 is a dead option and more or less a waste of postage. The CR1 route is the best. While you are waiting for approval you can study the Lagos horror stories and prepare for the consulate experience. They have shifted a LOT of focus to phone records. Make sure you get them in order. Also fully document the evolution of the relationship and your ongoing relationship proof. Also hope the "Asian lady" retires.

That one made me chuckle. Over on a China immigration board, they sometimes talk about someone called "The Black Pearl" this seems to be applied to any African-American interviewing officer. This is an urban legend. I suspect local prejudices work the same way no-matter what consulate.

Is always to best prepare a solid case for the interview no matter where or who conducts it.

[TJ 4EVER 40]

That one made me chuckle. Over on a China immigration board, they sometimes talk about someone called "The Black Pearl" this seems to be applied to any African-American interviewing officer. This is an urban legend. I suspect local prejudices work the same way no-matter what consulate.

Is always to best prepare a solid case for the interview no matter where or who conducts it.

Thanks everyone for your replies.....

Just so I make sure I am understanding you correctly I should forget about filing the I-129f and just wait for USCIS to send the I-130 petition over to NVC. If I send the I-129f over to USCIS at this time both the I-130 and the I-129f will be sent over to NVC at the same time making the I-129f cancell itself out...right? It will take USCIS 5 months to send my petition over to NVC? So even though I would be sending the I-129f over to them a month later they will still be sent to NVC together? Does it generally take them 5 months to send the petition over to NVC? I was under the impression that the entire process for the petition to be processed for it to be sent over to the consulate in Nigeria took 5 months and then the wait occors once Nigeria receives the petition. Since the K3 visa is no longer an option for those who are married is the interview process for those attempting to receive the CR visa the same? And please can someone tell me the difference between the K3 and the CR visa?

[TJ 4EVER 40]

Thanks everyone for your replies.....

Just so I make sure I am understanding you correctly I should forget about filing the I-129f and just wait for USCIS to send the I-130 petition over to NVC. If I send the I-129f over to USCIS at this time both the I-130 and the I-129f will be sent over to NVC at the same time making the I-129f cancell itself out...right? It will take USCIS 5 months to send my petition over to NVC? So even though I would be sending the I-129f over to them a month later they will still be sent to NVC together? Does it generally take them 5 months to send the petition over to NVC? I was under the impression that the entire process for the petition to be processed for it to be sent over to the consulate in Nigeria took 5 months and then the wait occors once Nigeria receives the petition. Since the K3 visa is no longer an option for those who are married is the interview process for those attempting to receive the CR visa the same? And please can someone tell me the difference between the K3 and the CR visa?

Oh...how can I develop a timeline? Since I just discovered I have not received my NOA1 is it to early to develop a timeline, I guess I am really early in this process. I am so happy that I made plans to return to Nigeria in March because it is now breaking my heart to find out my petition will sit with USCIS for 5 months before any movements are made

[canadian_wife 1,823]

I've already told you the difference between the K-3 and the Cr-1. The main difference is that the K-3 is no longer an option

USCIS has your petition. They still have to adjudicate it. Your petition will sit in a file until it reaches an adjudicators desk, which will take about 5 months. After that, you can expect to spend 2-3 months at NVC as you send the required documents to NVC. THEN your petition will go to Lagos. Our whole process took 10 months from start to finish. You can expect anywhere from 9-12 months to complete the process

Read the guides and the processes for the Cr-1 visa, you seem confused about the process.

Good luck

[TJ 4EVER 40]

Ok...thanks

[villaspurs 65]

TJ I really recommend reading through the guides linked above (click on "Guides" in the blue bar in the top). You can read through the K3 and CR1 processes and that will help you understand the difference. The CR1 is great--your spouse will be able to work, travel, etc. when he/she gets here.

As others have mentioned, the Lagos consulate is really tough for interviews, so spend the ensuing months collecting materials that demonstrate you have a bona fide relationship--call records, emails, etc. Also take lots of pictures in front of notable places when you are there, have photos with friends and families, etc. And be really, really glad you are going in March for a visit--what a wonderful way to help the time pass!

Also: your receipt that you received on 12/16 is the NOA1--I think the confusion came from the wording in your first post, which said that you had approval on the 16th. The approval of your petition will be your NOA 2. Hope that helps!

Edited December 30, 2010 by villaspurs

[daboyz 36]

Oh...how can I develop a timeline? Since I just discovered I have not received my NOA1 is it to early to develop a timeline, I guess I am really early in this process. I am so happy that I made plans to return to Nigeria in March because it is now breaking my heart to find out my petition will sit with USCIS for 5 months before any movements are made

Add your timeline here:

http://www.visajourney.com/timeline/myentry.php

[TJ 4EVER 40]

Thanks villaspurs, your encouragement is really appreciated.

[villaspurs 65]

No worries--I know how overwhelming it can be, and the whole K3/CR-1 thing makes it even more complicated. When my now-husband and I were going through the process it took a number of time re-reading the guides for it all to sink it, and now we're having to do it again for his Removal of Conditions. The more you learn about it, the easier it gets, so take your time and it will all work out! People on here usually are really helpful, so please don't hesitate to ask questions. Also, think about checking out a board that deals with your region/embassy--people there will have really great tips for you on how to make this process go as smoothly as possible and avoid potential pitfalls. We were lucky to go through London, a low-fraud consulate. Lagos, on the other hand, is a whole different story, so the more armed you are with information as you prepare, the better off you will be!

Good luck, and have faith--this will all be a memory some day!