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Can we file for K-3 if CR1 is pending

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Filed: Timeline

Its been almost 5 months since my spouse's AP started, Case is pending review by CO at Islamabad Embassy. Just wondering if I can file for K-3 with USCIS while CR1 is pending. I dont really care if she enter's USA as non immigrant, atleast we will be together and I can spend money later on to change status. Has anyone done this before or know if thats even possible and USCIS/DOS/Embassy will consider this ?

BTW her Passport is with Embassy since the interview on 14JUL. Only reponse we got was case is pending review by CO about a month ago and no further updates since then.

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

since she has a case under AP, filing for anothe visa category( if it is possible) may not change anything. because it is still the same individual and the same country being considered( records are already in their system). whatever made them put the case under AP may still apply for another category

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Can you share reason for which they put her on AP?

Can you share reason for which they put her on AP?

  • NOA1 - November 2010
  • NOA2- May 2011
  • took a break due to personal reasons and slowed down the process
  • Documents sent to NVC - 30 October 2011
  • *RFE received : missing DS 230{part 2} & a signature of AOS form - November 3,2011
  • Case Complete - Nov 16 2011
  • Interview scheduled - Nov 29,2011
  • Medical Done- DEC 31,2011 (Lahpre wilshire hospital)
  • Interview - Jan 31,2012
  • Result- approved ( thank you Allah)
  • Pasaport in hand with visa Feb 2,2012
  • POE JFK may 12 ,2012
  • Green card in hand may 31 ,2012
  • June 11 ,2012 social security # recieved
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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Can you share reason for which they put her on AP?

Can you share reason for which they put her on AP?

No one can share reasons why someone was put in AP because they do not tell you.

Our Journey

Met: 02/25/2010

Married: 08/12/2010

I-130 sent: 02/11/2011

NOA1: 02/14/2011

Request for expedite: 02/24/2011

NOA2-I-130 APPROVED!: 03/16/2011

Interview date: 7/7/2011

Visa in Hand!!!! 09/21/2011

POE JFK 09/24/2011

w2sb096jc.png

8zWqm5.png

event.png

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You can file k3 and its free to file it but this late in the game it probably wont be any faster. Just wait for the current situation to resolve.

Frank and Racquel

04-15-2010 - met online

11-23-2011 - married

12-08-2011 - sent I-130 (Chicago Lock-Box)

12-12-2011 - NOA1 (California Service Center)

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

No one can share reasons why someone was put in AP because they do not tell you.

I know but lately I have been seeing many Pakistani females on AP which is quite unlikely . So I was just asking if they had any red flags . My wife's interview is in a month.

  • NOA1 - November 2010
  • NOA2- May 2011
  • took a break due to personal reasons and slowed down the process
  • Documents sent to NVC - 30 October 2011
  • *RFE received : missing DS 230{part 2} & a signature of AOS form - November 3,2011
  • Case Complete - Nov 16 2011
  • Interview scheduled - Nov 29,2011
  • Medical Done- DEC 31,2011 (Lahpre wilshire hospital)
  • Interview - Jan 31,2012
  • Result- approved ( thank you Allah)
  • Pasaport in hand with visa Feb 2,2012
  • POE JFK may 12 ,2012
  • Green card in hand may 31 ,2012
  • June 11 ,2012 social security # recieved
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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline

They never give the exact reason for being in AP, but in NEMA countries there probably isn't an exact reason. You can pretty easily guess what the usual rough reasons are.

  • Being a guy.
  • Being in a particular age range.
  • Residence pattern with lots of moves / residence in certain locations.
  • Ties to politically "hot" areas.
  • Not being very westernized.
  • Religious education.
  • Etc.

Your time in AP will depend on many things.

  • How common your name is.
  • How many places you've lived.
  • How many of those above bullet points you match.
  • How quickly the various persons-of-interest list maintainers actually check their lists and send the results back to DHS.
  • If there's any matches, how long it takes to investigate your background and determine you're not the person with the same name.
  • The slow grind of bureaucracy.

Calling a congress-person won't speed up the actual name-checks or background investigations, but if the embassy is just dragging their feet it can help with that. It certainly can't hurt - someone else here on VJ posted that their file was done, just not assembled, and as soon as the congress-person called they finished AP. But in general, it'll finish when it's finished and not a moment sooner. Women generally have it easier / faster though.

USCIS (128 days)

January 8, 2011: Mailed Petition for Alien Relative packet to USCIS.

February 1, 2011: Received Notice of Action 1.

May 16, 2011: Received Notice of Action 2. Case handed off to NVC.

NVC (41 days)

June 24, 2011: Mailed Affidavit of Support packet to NVC.

July 12, 2011: Received checklist letter 1.

(Long delay intentional; not counted in processing time.)

October 12, 2011: Mailed Immigrant Visa packet to NVC.

October 20, 2011: Received checklist letter 2.

October 26, 2011: Mailed checklist letter response packet to NVC.

November 4, 2011: Received interview letter. Case handed off to the consulate in KL.

Consulate

November 12, 2011: Completed medical exam.

November 19, 2011: Picked up results, everything clear.

December 1, 2011: Interview - approved!

December 8, 2011: Visa in hand.

POE and beyond

February 5, 2012: POE at JFK, no problems.

February 29, 2012: Applied for and received SSN from the local SSO.

April, 2012: Applied for and received state ID at the DMV.

(Slight delay, had to redo biometrics at the local service center.)

April, 2012: Conditional green card arrived!

Removal of conditions

2014 is right around the corner...

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Filed: Lift. Cond. (apr) Country: China
Timeline

Its been almost 5 months since my spouse's AP started, Case is pending review by CO at Islamabad Embassy. Just wondering if I can file for K-3 with USCIS while CR1 is pending.

At this point in the game, probably not. Your I-130 petition has already reached the Embassy and an interview has already taken place. Even if USCIS were to adjudicate it (highly unlikely), it would never get past the NVC.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: India
Timeline

No one can share reasons why someone was put in AP because they do not tell you.

Hi,

while checking your case progress, I found that there is an entry saying: "Request for expedite:"

I wonder how you sent the expedite request to USCIS? is there any form for that?

Thanks for your help.

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Hi,

while checking your case progress, I found that there is an entry saying: "Request for expedite:"

I wonder how you sent the expedite request to USCIS? is there any form for that?

Thanks for your help.

No, there is no form. Hassan got the expedie bc there was a bomb that went off 25 feet from his house, there was a lot of political unrest in his city of Karachi at that time. Everyone on VJ said it wasnt worth trying for an expedite, as they are rare, but i gave it a shot and it worked.

All i did then was call uscis a week after i sent the i-130 and explained the situation, the lady guided me and i was sent an email shorlty after on what they needed to prove that he was qualified for an expedite, i sent a letter explaining the situation, and printed out news articles and it was granted,

Our Journey

Met: 02/25/2010

Married: 08/12/2010

I-130 sent: 02/11/2011

NOA1: 02/14/2011

Request for expedite: 02/24/2011

NOA2-I-130 APPROVED!: 03/16/2011

Interview date: 7/7/2011

Visa in Hand!!!! 09/21/2011

POE JFK 09/24/2011

w2sb096jc.png

8zWqm5.png

event.png

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Filed: IR-1/CR-1 Visa Country: India
Timeline

No, there is no form. Hassan got the expedie bc there was a bomb that went off 25 feet from his house, there was a lot of political unrest in his city of Karachi at that time. Everyone on VJ said it wasnt worth trying for an expedite, as they are rare, but i gave it a shot and it worked.

All i did then was call uscis a week after i sent the i-130 and explained the situation, the lady guided me and i was sent an email shorlty after on what they needed to prove that he was qualified for an expedite, i sent a letter explaining the situation, and printed out news articles and it was granted,

wow, thanks for explaining this. I understand.

I wonder, is that the similar situation with the other user named: gtvapsamtik ?

because he also listed "Expedite requested" in his progress.

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