k3 married fiance visa

[pushbrk 12,911]

now i just realized i made a mistake filing k3 i should be filing cr1 .so plz ne one suggest what r my choices except waiting can i expedite the process its been over 5 months already plz ne one suggest me something .thannks

Exactly how long has it been since you filed the I-129F? If more than five months, you can call and make a service request but that is no assurance of speeding the approval.

[hz mz 0]

Exactly how long has it been since you filed the I-129F? If more than five months, you can call and make a service request but that is no assurance of speeding the approval.

its in sep 2011

[pushbrk 12,911]

its in sep 2011

Then it hasn't been five months yet. Filing the I-129F took your I-130 out of its place in line and put it with the I-129F. Maybe in March you can call and get action if not approved by then. Until then, become as much as an expert as possible on the CR1 visa process from petition approval onward.

[hz mz 0]

Then it hasn't been five months yet. Filing the I-129F took your I-130 out of its place in line and put it with the I-129F. Maybe in March you can call and get action if not approved by then. Until then, become as much as an expert as possible on the CR1 visa process from petition approval onward.

thanks u r a great help

[hz mz 0]

i called they told me to wait another 60 days .is this normal or something goin on plz tell me neone.

[pushbrk 12,911]

i called they told me to wait another 60 days .is this normal or something goin on plz tell me neone.

Yes. It's normal.

[Darnell 8,478]

i called they told me to wait another 60 days .is this normal or something goin on plz tell me neone.

get out a calendar, mark the I-129F NOA-1 date, count forward 6 months - whatcha got ?

[hz mz 0]

get out a calendar, mark the I-129F NOA-1 date, count forward 6 months - whatcha got ?

yea its sep 21 2011

[pushbrk 12,911]

yea its sep 21 2011

If that is your filing date, then February 21, 2012 will be the five month point from filing. That's why you were told to wait a couple more months. We've all been there. We waited. You wait. That's how it works.

[hz mz 0]

what is service request ?

[Musashii 21]

hasan2,

I am in similar situation except that is has not yet been 5 months since I sent in my petitions to USCIS.

The procedure we were advised was to file an I-130 first followed by an I-129F.

I-129F form has been in use for fiance/fiancee visas generally referred to as K-1 but since they have not come up with a different form, I-129F is also being used for a Spouse visa (Spouse = already married and no longer a fiance/fiancee). This track goes to K-3, a non-immigrant visa.

You can find your case status at USCIS website and if you click the service centre button, currently it shows that they process both I-130 and I-129F in about 5 months (it may take longer than that but 5 months is their national goal).

Now let's come to the point of NVC not issuing K-3 visas which was shown in this link: http://www.visajourn...eived-together/

You can also find that information on USCIS website. It only means that IF you have filed both I-130 (For CR1) and I-129F (For K-3), IF USCIS processes and approves your I-130 petition first and forwards it to NVC, then your I-129F petition will be administratively closed since it will not be needed any longer.

However, if USCIS processes and sends an approved I-129F to NVC earlier than your I-130, You will still be able to follow K-3 visa path. In this case, NVC will send the required documents to the local U.S. embassy in your country (Pakistan) and your spouse (beneficiary) shall receive a notification with instructions to appear for an interview.

You or your spouse whoever is the petitioner, may contact USCIS and inquire about your petitions if it has already been 5 months since you received your NOA1 (I-797C). Also in the mean time, the beneficiary should arrange the required documents which may be asked by U.S. Embassy to bring at time of interview. These documents include Police Certificates, Birth Certificate, Marriage Certificate and etc.

Take a note that the Police Certificate also known as Character Certificate issued in Pakistan is only valid for about 30 days so make sure to apply only once you receive NOA2 or a notification from the embassy else your Police Certificate may expire and you will have to apply for it once again.

I hope this helps you to understand the situation. All the best.

Note: I am not a lawyer or attorney. All the above information is just my own reading and research through different websites and forums.

Edited February 5, 2012 by Musashii

[sjmg 0]

The Second Step: Applying for a Visa

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. http://travel.state.gov/visa/immigrants/types/types_2993.html

This is taken directly from travel.state.gov about the process being administratively closed, only when the I-130 and I-129F reach the NVC at the same time!

So, if the I-129F gets there first, they will continue with the K-3.

I wish people would not take things out of context, especially when people trust what they see on this site.

I hope this helps.

[pushbrk 12,911]

The Second Step: Applying for a Visa

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. http://travel.state....types_2993.html

This is taken directly from travel.state.gov about the process being administratively closed, only when the I-130 and I-129F reach the NVC at the same time!

So, if the I-129F gets there first, they will continue with the K-3.

I wish people would not take things out of context, especially when people trust what they see on this site.

I hope this helps.

To have the whole picture one must understand the USCIS side of the picture as well. Since November 2006, USCIS has been processing the two petitions together and approving them on the same day, so virtually all intended K3 cases see their petitions arriving at NVC the same day. It took NVC a little over three years to react by changing their policy you linked to.

So, no, incomplete information does NOT help.

At first, USCIS actually held the I-130 and only forwarded the K3 but this policy changed a few months later. Here is a link to the original notice, where they started processing the petitions together and holding the I-130 petitions. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf This marked the official end to the time period where a K3 process could save more than a few weeks, as compared to a well managed immigrant visa process. The February 2010 change in NVC policy was the official death of all but the rarest of K3 possibilities.