I-129f and I-130 Approve Same day I129f sent by NVC to consulate

[koon2011 0]

I have read a lot on here to forget about the I-129f because it's a waste of time. But just wanted to let everyone know my I-129f and I-130 were approved by the CSC on May 18th,2011. The I-129f was received first by the NVC and I received a letter by the NVC stating that the I-129f petition was being forwarded to the consulate. So it is not the complete waste everyone speaks of and people are still getting K3 visas. I still say file both as the law has not changed. The K3 is not dead until the USCIS/NVC officially say it is!

Edited May 29, 2011 by koon2011

[canadian_wife 1,822]

Congrats! I would still go for the immigrant visa however. Just my preference

Good luck

[barbygirl 0]

I have read a lot on here to forget about the I-129f because it's a waste of time. But just wanted to let everyone know my I-129f and I-130 were approved by the CSC on May 18th,2011. The I-129f was received first by the NVC and I received a letter by the NVC stating that the I-129f petition was being forwarded to the consulate. So it is not the complete waste everyone speaks of and people are still getting K3 visas. I still say file both as the law has not changed. The K3 is not dead until the USCIS/NVC officially say it is!

really congrats ...i wanna just ask when they received your case?

[koon2011 0]

really congrats ...i wanna just ask when they received your case?

csc NOA1 receipt for I-130 on Dec.30

csc NOA1 receipt for I-129f on Jan.20th

CSC NOA2 for both I-129f and I-130 on May 18th

NVC letter confirming I-129f is being forwarded May 26th

[Ryan H 3,812]

I have read a lot on here to forget about the I-129f because it's a waste of time. But just wanted to let everyone know my I-129f and I-130 were approved by the CSC on May 18th,2011. The I-129f was received first by the NVC and I received a letter by the NVC stating that the I-129f petition was being forwarded to the consulate. So it is not the complete waste everyone speaks of and people are still getting K3 visas. I still say file both as the law has not changed. The K3 is not dead until the USCIS/NVC officially say it is!

This is another unique instance of an I-129F arriving at the NVC ahead of the I-130. Perhaps the USICS is now intentionally sending the I-129F to the NVC first so it arrives ahead of the approved I-130 instead of at the same time.

No one here has said the law changed (it hasn't), I have consistently said the K3 remains officially on the books. People (myself included) were only quoting a policy the NVC instituted last year which was a K3 petition will be administratively closed if it received by the NVC at the same time or after the NVC receives an approved I-130.

If people want to file both petitions with USCIS so they can test the theory that USCIS is now intentionally sending the I-129F to the NVC ahead of the I-130 so the I-129F arrives at the NVC first, that's their choice. However, I believe the IR-1/CR-1 is a better path.

[koon2011 0]

This is another unique instance of an I-129F arriving at the NVC ahead of the I-130. Perhaps the USICS is now intentionally sending the I-129F to the NVC first so it arrives ahead of the approved I-130 instead of at the same time.

No one here has said the law changed (it hasn't), I have consistently said the K3 remains officially on the books. People (myself included) were only quoting a policy the NVC instituted last year which was a K3 petition will be administratively closed if it received by the NVC at the same time or after the NVC receives an approved I-130.

If people want to file both petitions with USCIS so they can test the theory that USCIS is now intentionally sending the I-129F to the NVC ahead of the I-130 so the I-129F arrives at the NVC first, that's their choice. However, I believe the IR-1/CR-1 is a better path.

I think you need to stop giving out legal advice.

btw..i am an immigration attorney

[Ryan H 3,812]

I think you need to stop giving out legal advice.

How is stating a known fact that can be easily sourced giving legal advice??? If I state my own OPINION, I will say that it is an OPINION and others can take it for whatever it's worth to them.

Here's the NVC policy I constantly reference. It's available from this State Department website

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.

Edited May 29, 2011 by Ryan H

[Ban Hammer 13,346]

I think you need to stop giving out legal advice.

btw..i am an immigration attorney

i'd suggest you read the vj terms of service (excerpts below):

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[koon2011 0]

How is stating a known fact that can be easily sourced giving legal advice??? If I state my own OPINION, I will say that it is an OPINION and others can take it for whatever it's worth to them.

Here's the NVC policy I constantly reference. It's available from this State Department website

"if people want to file both petitions with USCIS so they can test the theory that USCIS is now intentionally sending the I-129F to the NVC ahead of the I-130 so the I-129F arrives at the NVC first, that's their choice. However, I believe the IR-1/CR-1 is a better path. "

I would advise you to stop giving out legal advice and telling people the k3 option is a waste. if someone read your post and refrained from filing a k3 based on your many posts than that would be legal advice. Which would of been bad advice given that the no one knows which approved petition would arrive at the NVC first.

[Ban Hammer 13,346]

"if people want to file both petitions with USCIS so they can test the theory that USCIS is now intentionally sending the I-129F to the NVC ahead of the I-130 so the I-129F arrives at the NVC first, that's their choice. However, I believe the IR-1/CR-1 is a better path. "

I would advise you to stop giving out legal advice and telling people the k3 option is a waste. if someone read your post and refrained from filing a k3 based on your many posts than that would be legal advice. Which would of been bad advice given that the no one knows which approved petition would arrive at the NVC first.

and i'd advise you to immediately cease telling members what to do.

advice posted within the forums is peer reviewed. if someone gives bad advice, it will be challenged and corrected.

further posts disregarding my last two posts will result in a thread ban at the least.

vj moderation team

Edited May 29, 2011 by charles!

[pushbrk 12,898]

This is another unique instance of an I-129F arriving at the NVC ahead of the I-130. Perhaps the USICS is now intentionally sending the I-129F to the NVC first so it arrives ahead of the approved I-130 instead of at the same time.

This is the third such report in a row. I've been suggesting with each report that it is possible USCIS has changed their petition shipment policy to counteract NVC's February 2010 policy change. If so, for those who can actually benefit greatly from a K3 visa, filing the I-129F is probably a good idea. It saves little time if the NVC shortcuts are used or perhaps no time at all or worse if filed to long after the I-130 but time isn't one of compelling benefits to which I refer.

Those who can really benefit from the K3 visa are those who do not intend to immediately immigrate (reside permanently in the USA) but need the ability to come and go while they sort out their affairs to be able to immigrate. Here are some examples.

1. Children in non VWP countries, in the custody of the non-immigrating parent who would otherwise not be able to travel to the USA for a visit

2. Canadians who intend to keep their job and home in Canada until they can arrange their affairs to immigrate

3. Ship's crew members or yacht skippers who need to keep their jobs that bring them in and out of the USA frequently

4. Anybody who didn't find out until months later that they should have filed I-130 petitions for the step children at the same time they filed for their spouse

There are other examples including the folks who simply believe the K3 will be faster and they don't care about cost or work authorization.

Edited May 30, 2011 by pushbrk

[pushbrk 12,898]

... no one knows which approved petition would arrive at the NVC first.

From what I can see, this appears to have recently become a true statement. Until very recently, both petitions were virtually ALWAYS arriving on the same day. Things constantly change.

[Ban Hammer 13,346]

one post removed and one member thread banned per my earlier warning.

[Newchild 0]

If that happened will the K3 visa will be changed to a CR1? This what exactly happened to me my husband's paperwork was approved on May 2, 2011, and both the I 130 and I 129F were approved on the same day. The I 129F was sent to embassy in Nigeria.

[Ryan H 3,812]

If that happened will the K3 visa will be changed to a CR1? This what exactly happened to me my husband's paperwork was approved on May 2, 2011, and both the I 130 and I 129F were approved on the same day. The I 129F was sent to embassy in Nigeria.

If I understand your post correctly, both petitions were filed, both have been approved, and the I-129F is enroute to or at the Embassy. Yes/No?

If the I-129F was received by the NVC first and went on to the Embassy, then the K3 is currently active, it won't be changed to a CR-1 at the Embassy.