K3 dead? still filling I-129F

[ThomasKendall 0]

Hi,

I was just browsing through the timelines to get an idea of how things were processing, and I noticed people are still filling for K3 visas.

I also notice they process quicker than IR1/CR1 visas. I thought the K3 to I-129F was dead and now all applicants should apply just for I-130?

Any explanations for this, I might be missing something obvious, but just wondering.

thanks

[canadian_wife 1,827]

Actually, USCIS processes I129Fs slower. One member in particular lost about 4 weeks recently and when we filed, the trend was a loss of 6-8 weeks

Some people still file to see 'which one is approved first'.

Cr-1 is still the cheaper, superior visa at it allows for immediate work, travel, and residency privleges upon entering the US

Good luck

[~ Canadian Girl ~ 0]

Actually, USCIS processes I129Fs slower. One member in particular lost about 4 weeks recently and when we filed, the trend was a loss of 6-8 weeks

Some people still file to see 'which one is approved first'.

Cr-1 is still the cheaper, superior visa at it allows for immediate work, travel, and residency privleges upon entering the US

Good luck

I want to file for K3 after we get married here in October, could I file for Cr-1?? Dont you have to be married for 2 years to file a Cr-1??

[canadian_wife 1,827]

No, Cr-1 is for people married less than 2 years

Ir-1 is for people married more than 2 years

Dont' file the I129F for the K3

Good luck

[JoannaV 174]

Just looking down the 50 most recent timelines for K3, they are all getting approved either at the same time or after the I-130 is approved. This means they are then administratively closed.

[coach85 0]

Both our I-129F and I-130 were approved by USCIS on the same day, April 14th but our K3 I-129F got to NVC first as it was received April 25th and then given a Case Number and sent out on April26th to the U.S. Embassy in Manila. Marielle should have her letter from the Embassy any day now so we can pay our $345 Visa fee and then schedule our appointment along with getting her medical done.

Our I-130 was finally just entered into the system at NVC yesterday, May 2 and given a Case Number. It looks like we might have the option to continue with the K3 which will be quicker but more expensive or hold off and just go with the Immigrant Visa. Either way, I find it hard to believe that Canadian Wife continues to give inaccurate information that is completely opposite from what we have experienced relative to our own K3 and I-130. It cost us no extra money to file the I-129F after the I-130 and now it appears my wife will be coming here faster because we filed the K3. I wish people would stop saying the K3 is a "dead visa" and not possible anymore or that it delays the process even more. That is completely exaggerated and I'm just thankful I did not listen to that advice. It would have cost my wife an I an extra month of being together.

Actually, USCIS processes I129Fs slower. One member in particular lost about 4 weeks recently and when we filed, the trend was a loss of 6-8 weeks

Some people still file to see 'which one is approved first'.

Cr-1 is still the cheaper, superior visa at it allows for immediate work, travel, and residency privleges upon entering the US

Good luck

[canadian_wife 1,827]

Both our I-129F and I-130 were approved by USCIS on the same day, April 14th but our K3 I-129F got to NVC first as it was received April 25th and then given a Case Number and sent out on April26th to the U.S. Embassy in Manila. Marielle should have her letter from the Embassy any day now so we can pay our $345 Visa fee and then schedule our appointment along with getting her medical done.

Our I-130 was finally just entered into the system at NVC yesterday, May 2 and given a Case Number. It looks like we might have the option to continue with the K3 which will be quicker but more expensive or hold off and just go with the Immigrant Visa. Either way, I find it hard to believe that Canadian Wife continues to give inaccurate information that is completely opposite from what we have experienced relative to our own K3 and I-130. It cost us no extra money to file the I-129F after the I-130 and now it appears my wife will be coming here faster because we filed the K3. I wish people would stop saying the K3 is a "dead visa" and not possible anymore or that it delays the process even more. That is completely exaggerated and I'm just thankful I did not listen to that advice. It would have cost my wife an I an extra month of being together.

Quicker? Yes, but I still stand by with the 'superior visa' part of my post. It will cost you an additional $1000 to adjust her status even though it didn't cost you anything to file

I didn't say it was a dead visa, I said it was inferior

Good luck

[LiveLaughLove 2]

Remember: K3 is a NON-Immigrant Visa therefore, costs more in the long run. CR1/IR1 on the other hand are Immigrant Visas.

CR1/IR1 - http://travel.state.gov/visa/immigrants/types/types_2991.html

K3 - http://travel.state.gov/visa/immigrants/types/types_2993.html#1

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.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Edited May 4, 2011 by sweetheart428

[coach85 0]

You can't put a price tag on an opportunity to be with your loved one and start a life together at least one month earlier using a K3 then what the I-130 would have given us. We had nothing to lose by going in this direction and luckily in our case, it worked out for us. Therefore, the K3 has turned into the SUPERIOR VISA strictly for the fact we will be together sooner. Saving money, getting work papers, etc.... is nice but it sure doesn't beat being together in person with your loved one in less time IF THAT POTENTIAL EXISTS. Does that mean our situation is the norm? No, not at all, but through our experience I would never tell somebody to stay away from applying for a K3 Visa when their is always that potential for shortening the time of being together. The worst that can happen is the I-130 gets approved first and K3 gets closed.

If someone is more concerned about the money, even if its a $1,000, I wonder how your priorities truly stack up with your spouse. TIME is way more important then the money I can save and my wife and I have been separated long enough. We want to be together ASAP regardless of the costs or Change of Status involved.

I think it pays off for a person to explore ALL options and see how it plays out. One thing I've realized through all this is that nothing is as simple as it appears and many different things can affect each individual person's case. Explore all avenues, take advantage of every opportunity that exists out there to try and shorten your time apart from each other and pray for the best. Like us, you might just get lucky and it will all be worth the extra time and effort to apply for a K3 as well.

quote name='canadian_wife' timestamp='1304457733' post='4644181']

Quicker? Yes, but I still stand by with the 'superior visa' part of my post. It will cost you an additional $1000 to adjust her status even though it didn't cost you anything to file

I didn't say it was a dead visa, I said it was inferior

Good luck

[Sam&Rimma 0]

You can't put a price tag on an opportunity to be with your loved one and start a life together at least one month earlier using a K3 then what the I-130 would have given us. We had nothing to lose by going in this direction and luckily in our case, it worked out for us. Therefore, the K3 has turned into the SUPERIOR VISA strictly for the fact we will be together sooner. Saving money, getting work papers, etc.... is nice but it sure doesn't beat being together in person with your loved one in less time IF THAT POTENTIAL EXISTS. Does that mean our situation is the norm? No, not at all, but through our experience I would never tell somebody to stay away from applying for a K3 Visa when their is always that potential for shortening the time of being together. The worst that can happen is the I-130 gets approved first and K3 gets closed.

If someone is more concerned about the money, even if its a $1,000, I wonder how your priorities truly stack up with your spouse. TIME is way more important then the money I can save and my wife and I have been separated long enough. We want to be together ASAP

I agree 100%, we filed out I-129F on May 2, 2011, waiting for NOA1. We hope we will be lucky to have it approved soon. All we want just to be TOGETHER, We have been together 1.5 dating and then living together for 6 month and it's really hard to be separated right now. And it does not matter if then we should pay $1000 or $2000 for AOS.

[muñequita y osito 2]

It is true about being with your loved one quicker I would pay 5k to be with my husband right now, but if both your K3 and yur I130 get approved together, the smart thing to do is to go with the CR1 visa, not only for the price because ofcourse the person you love is priceless, but for the convinience of having an immigrant visa upon arrival. Not having to go through the USCIS for 2 years is a good feeling!!!!

[bibo_2012 0]

thanks a lot, i found what you wrote very helpful. i just received my I-130 receipt today. i wasn't really sure if i should apply for the k3 visa or not.

but after i read your blog i'm definitely doing it i'm trying to get my wife here as fast as possible. thanks again

[Darnell 8,479]

Hullo Everyone !

How's yer Saturday forming up?

Some reading for ya

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/