Include Copy of ALL I-130 Docs for I-20f (K3)/

[melissamuca 0]

Hi all,

I just received the email notification of acceptance of my I-130 and am awaiting the NOA1 to arrive in the mail. I am going to file the K3, although I understand it can be more costly in the long run, etc (I am pregnant and want to give birth in the US and wish to travel there WITH my Albanian husband as quickly as possible.)

When sending in all the required documents for the I-129F, should I send copies of all the messages, skype history, pictures, etc. that I sent as evidence of a bona-fide relationship? I'm thinking it's better to include more than less to avoid an RFE, but thought I would ask if anyone has any experience/feedback.

Thanks!

[YuAndDan 153]

Since Feb 2010 NVC closes I-129F when receiving I-130 and I-129F from USCIS at same time. USCIS has been tying the two petitions together and approving them at same time for about 2 years now.

Sending I-129F will only delay things causing USCIS to pull the I-130 to match it up with the I-129F, only to have NVC close the I-129F anyway.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS 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/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

[melissamuca 0]

Right...IF they receive them at the same time. However, I haven't seen any documented proof that it does slow down if sent promptly. The service center will receive my second visa within 2 weeks of the first visa, so I don't see that delaying much. Also, just a year ago someone else got a K3 approved before an I-130; visa in hand in 4 months. I figure, why not try...

[Ryan H 3,834]

As Dan already said, when you send an I-129F in addition to an I-130, USCIS will match the two up. Here is how they match it up, they will pull your I-130 out of its current place in the queue and put it in the back with the I-129F you will have submitted.

There may have been a rare case or two when the two became separated on they way to the NVC and somehow the NVC received the I-129F before the I-130. However, that is the exception, not the norm.

Don't waste your time with a K3.

[YuAndDan 153]

A few major down-sides to K-3.

• Added expense of adjustment of status.
• No green-card until AOS approved (4-6 months)
• Not work authorized until receiving EAD or the Green-card. (4-6 months)
• Not able to get SSN until first getting EAD or Green-card.
• Most states will not issue a DL until having SSN and (green-card or EAD)
• What few K-3's I have seen over the past year or so have indicated a 90 day expiration on the K-3, this complicates travel while AOS pending.

None of these are problems for CR-1, it gets green-card the moment they arrive in the states, so can get SSN, Work, and easily travel.

[melissamuca 0]

Yes, I understand the difference between the two and the added cost, but that's not the issue for us. We just need to get to the US as quickly as possible. Also, people say that sometimes they hold the I-130 to see if an I-129F is sent. So really, it's all conflicting information...

[pushbrk 13,167]

Yes, I understand the difference between the two and the added cost, but that's not the issue for us. We just need to get to the US as quickly as possible. Also, people say that sometimes they hold the I-130 to see if an I-129F is sent. So really, it's all conflicting information...

Then you have to decide who to trust. I advise you to trust me and don't send the I-129F for spouse. They NEVER hold the I-130 waiting for an I-129F, even if you were to ask them to or indicate in some way that K3 was your intention. The firs thing that happens to the I-130 after intake and receipt notice is it goes on a shelf with all the other I-130 petitions from US Citizens filed that day. Then, it waits it's turn. Period.

[Darnell 8,479]

Albania? Pregnant IN ?

If you've been living in Albania more than 6 months, then YOU, the USCitizen, can file for a 'Direct Consular File'd' I-130 petition.

Should be finished within 3 months of initial filing date, resulting in a CR-1 visa for yer foreign spouse.

Have you looked at the DCF guide here, at VJ ? If not, I invite you to find it, read it, sally forth.

[canadian_wife 1,829]

When we petitioned, those who filed I-129Fs were being approved 6-8 weeks after those with stand alone i-130s. As recently as the start of this year, one OP I know waited 4 weeks after stand alone I-130s because they filed and I129F

Start reading and looking at timelines. While you quest to be in the US quickly, what you do may actually delay your case

Good luck

[melissamuca 0]

Thx for all the info...I haven't been living here 6 months, unfortunately and if I stayed here to meet that now I would end up giving birth here which I am trying to avoid....

Thanks again, all...