K3 process steps

[ravin 0]

The process steps show that once we receive the NOA for I-130, we can submit I-129F. I thought, we need to wait for the service center to ask for it. Can some one clarify whether we can submit I-129F as soon as we receive NOA for I-130?

[canadian_wife 1,822]

You can submit the I-129F when you receive the NOA for the I130. However, the K-3 is dead and will be closed by NVC after it is approved by USCIS. Don't bother with it.

Good luck

[JOHNNY5 0]

K3 is basically dead. just send your I-130. this will take you thru CR-1/IR-1 route.

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

* The nonimmigrant K-3 visa case will be administratively closed.

* The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

* The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage

[ravin 0]

You can submit the I-129F when you receive the NOA for the I130. However, the K-3 is dead and will be closed by NVC after it is approved by USCIS. Don't bother with it.

Good luck

Thanks for the immediate response. How long it takes to get I-129F approved (in CSC)?

[canadian_wife 1,822]

Don't bother with the I129F

Your I130 will take about 5 months to process in CSC

Good luck

[pushbrk 12,898]

The process steps show that once we receive the NOA for I-130, we can submit I-129F. I thought, we need to wait for the service center to ask for it. Can some one clarify whether we can submit I-129F as soon as we receive NOA for I-130?

You might as well be asking for the process steps for a male to get pregnant. The difference is only in how long it's been impossible. Follow the CR1/IR1 visa guide.

Thanks for the immediate response. How long it takes to get I-129F approved (in CSC)?

The same amount of time it takes to get the I-130 approved. The I-130 will live on and the I-129F will be summarily hung by the neck until dead. (Administratively closed by the National Visa Center)

[ravin 0]

K3 is basically dead. just send your I-130. this will take you thru CR-1/IR-1 route.

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

* The nonimmigrant K-3 visa case will be administratively closed.

* The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

* The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage

So, I sent-in my I-130 as well as I-129F for K3 Visa. Based on your info, if either one of these accepted, then NVC will start processing IR or CR visa. In the IR/CR visa steps, it shows that the package contains 864 form for financial support to be sent to my Spouse. Are there any other documents I need to submit here?

[pushbrk 12,898]

So, I sent-in my I-130 as well as I-129F for K3 Visa. Based on your info, if either one of these accepted, then NVC will start processing IR or CR visa. In the IR/CR visa steps, it shows that the package contains 864 form for financial support to be sent to my Spouse. Are there any other documents I need to submit here?

You misunderstand. Do NOT submit the I-129F at all. The documents to be submitted with the I-130 are clearly spelled out in the I-130 instructions. I strongly suggest you not only read those instructions but that you study them very carefully. Also, study the applicable VJ Guide but clicking on the word "Guides" at the top of any page here.

Read the instructions and guide FAR more carefully than you read the posts in this thread or expect a lot of problems.

[thundergirl 0]

What is the point of a K-3 for married people?

Can anyone offer a situation, off the top of their heads where this form would be useful?

Edited January 10, 2011 by thundergirl

[pushbrk 12,898]

What is the point of a K-3 for married people?

Can anyone offer a situation, off the top of their heads where this form would be useful?

Absolutely, if the law was followed and the K3 visa could actually be obtained.

1. The USC lives in Detroit and the foreigner across the river in Windsor, Ontario and wants to commute to their job in Canada and maintain residence in Canada (medical benefits etc.) until they find a new one in the USA and sell their home in Windsor.

2. The foreigner is on the crew of yacht that cruises all over the world for months at a time. He wants the privilege of entering and exiting the USA to spend time with his wife but is not ready to maintain permanent resident status.

3. Any married couple where the beneficiary cannot visit the USA at all but is not ready to maintain permanent resident status.

Where the K3 hasn't been useful since the USCIS policy change in November of 2006, is for couples who wish to actually be together sooner than through an immigrant spouse visa. (IR1 or CR1)

I think the new NVC policy is illegal and a travesty, but until it is challenged and/or changed, the K3 and K4 visas are simply no longer obtainable, whether they would be the better choice or not.

[thundergirl 0]

Absolutely, if the law was followed and the K3 visa could actually be obtained.

I think the new NVC policy is illegal and a travesty, but until it is challenged and/or changed, the K3 and K4 visas are simply no longer obtainable, whether they would be the better choice or not.

Gosh, Pushbrk, that was quick and made perfect sense- KUDOS!

[spicynoodles 0]

You misunderstand. Do NOT submit the I-129F at all. The documents to be submitted with the I-130 are clearly spelled out in the I-130 instructions. I strongly suggest you not only read those instructions but that you study them very carefully. Also, study the applicable VJ Guide but clicking on the word "Guides" at the top of any page here.

Read the instructions and guide FAR more carefully than you read the posts in this thread or expect a lot of problems.

Hi pushbrk, new member here. I believe I am in the same confused boat as the original poster. According to VJ step by step K3 guide:

http://www.visajourney.com/content/k3guide

scroll down to

"Once you receive the NOA1 for the I-130:"

it goes into assembling an I-129F package, and mail to USCIS. Is this still true? Does the I129F no longer have the possibility of getting approved of the I-130?

This is how I interpreted the timeline and possible paths:

-Submit I-130 (for IR1/CR1 visa) and mail to USCIS

-wait for NOA1 (I-797) from USCIS, once received,

-Submit I-129F (for K3 visa) and mail to USCIS

at this point one of these 3 things can occur:

1. NOA1 for I-129F is received first from USCIS

OR

2. I-130 gets approved first by USCIS

OR

3. both forms get approved at the same time by USCIS (no NOA1 for I-129F?)

for scenario 1:

-wait for NOA2 (approval of I-129F by USCIS & NVC), once received follow instructions on obtaining K3 visa

-foreign spouse conducts interview at consulate in his/her country

-BAM! foreign spouse receives K3 non-immigrant visa and flies to US

for scenario 2 or 3:

-I-130 form is sent to NVC and K3 visa is now dead (but already sent out)

-follow NVC instructions on obtaining a CR-1/IR-1 immigrant visa

-foreign spouse conducts interivew at consulate in his/her country

-BAM! foreign spouse receives IR-1/CR-1 immigrant visa & flies to US

Can someone correct me on this? I am about to (have not started) go through this whole process as well.

[spicynoodles 0]

Hi Again, I just read on another thread about how the K3 visa is essentially becoming obsolete. Im assuming this is why everyone says to not bother with the I-129F, and just file the I-130 for IR-1/CR-1 visa?

[canadian_wife 1,822]

It isn't becoming obsolete, it IS obsolete. IT has been administratively closed by NVC for almost a year now

Good luck

[pushbrk 12,898]

Hi Again, I just read on another thread about how the K3 visa is essentially becoming obsolete. Im assuming this is why everyone says to not bother with the I-129F, and just file the I-130 for IR-1/CR-1 visa?

That's correct. You can complain to the administrator here about why they continue to publish a guide for obtaining a visa that is no longer obtainable. At least a prominently placed notice about the current status of K3 would be nice.