Spousal Visa Current Processing Time

[anonimoose 0]

Ok, I think what your husband did was to submit both an I-130 and a I-129 petition, he

did not file for 2 separate visas at once...that is not possible.

I have to assume he was told to file both petitions (at the same time) for the purpose of a K-3 visa.

What will happen is the I-129 will be administratively closed at USCIS and the I-130 will be processed

and you will immigrate on a CR1 visa.

yes he was informed to file 2 visa at the same time.. i just hate the fact that i am married but me and my hubby is not together.. =(

i just hope the US government understand that it aint easy to live without your better half.. specially now my hubby need me during this tough times..

[anonimoose 0]

Thank you very much for the help! I appreciated all your advises. I just hope that we will hear something very soon..Sooner the better.

God bless you all!

[Leatherneck 693]

yes he was informed to file 2 visa at the same time.. i just hate the fact that i am married but me and my hubby is not together.. =(

i just hope the US government understand that it aint easy to live without your better half.. specially now my hubby need me during this tough times..

OP, the best advice I can give you is to be very patient in this process. There is no way around the waiting,

you have to understand, there are 1,000's of petitions ahead of your petition.

I have not looked at the current approval times with regards to spousal visa (CR1) approvals, but

I can safely say that a 8/8 1/2 - 9 month wait is rather the norm.

[Wally G! 58]

yes he was informed to file 2 visa at the same time.. i just hate the fact that i am married but me and my hubby is not together.. =(

i just hope the US government understand that it aint easy to live without your better half.. specially now my hubby need me during this tough times..

As Leatherneck stated in his earlier post. They cancel you 1-129f petition and process your I-130 petition. Whom ever told your husband that was wrong and he has waste money on the I-129F petition fee ($350).

The US Government is a a entity that does not care nor will sympathize with you and your husband. Unless of extreme needs or severe case they will expedite a case. Sorry to say your husbands PTSD is not a extreme case in the governments eyes. When you start to read through many of the VJ posting and story you will see we all worried, stress and yearned to be with our loved one. Wondering if and when they will approve our petitions. The facts remain that there is nothing you can do at this point to speed up the process. This is the Visa process. The website name best describes it Visa Journey because that's what the process is a Journey.

I wish there was a quicker way or fast method of processing petitions but there isn't one.

God Bless you and your husband!!

[Leatherneck 693]

Thank you very much for the help! I appreciated all your advises. I just hope that we will hear something very soon..Sooner the better.

God bless you all!

Click here for the link to the IR1/CR1 forum, there you will find other spouses

that are waiting and you can learn from them also.

Thank you and may God bless you and your husband during this process.

Also spend some time learning the process and educating yourself about what

you will need to do and provide with regards to other documents later in the process.

When you are better informed you will have less anxiety and stress about the process.

As Leatherneck stated in his earlier post. They cancel you 1-129f petition and process your I-130 petition. Whom ever told your husband that was wrong and he has waste money on the I-129F petition fee ($350).

The US Government is a a entity that does not care nor will sympathize with you and your husband. Unless of extreme needs or severe case they will expedite a case. Sorry to say your husbands PTSD is not a extreme case in the governments eyes. When you start to read through many of the VJ posting and story you will see we all worried, stress and yearned to be with our loved one. Wondering if and when they will approve our petitions. The facts remain that there is nothing you can do at this point to speed up the process. This is the Visa process. The website name best describes it Visa Journey because that's what the process is a Journey.

I wish there was a quicker way or fast method of processing petitions but there isn't one.

God Bless you and your husband!!

Edited January 25, 2012 by Leatherneck

[J&JWS 2]

As Leatherneck stated in his earlier post. They cancel you 1-129f petition and process your I-130 petition. Whom ever told your husband that was wrong and he has waste money on the I-129F petition fee ($350).

When you apply for I-130 and I-129F together as a spouse (K3), you do not need to pay the I-129F fee...only the I-130 fee. So, no money wasted. And PTSD is a valid case to expedite as long as you have the evidence to support it and your spouses day to day functions are such that they cannot function without you there. Just so you know.

[J&JWS 2]

As Leatherneck stated in his earlier post. They cancel you 1-129f petition and process your I-130 petition. Whom ever told your husband that was wrong and he has waste money on the I-129F petition fee ($350).

When you apply for I-130 and I-129F together as a spouse (K3), you do not need to pay the I-129F fee...only the I-130 fee. So, no money wasted. And PTSD is a valid case to expedite as long as you have the evidence to support it and your spouses day to day functions are such that they cannot function without you there. Just so you know.

And they do not "cancel" the I-129F. The only time this stops is IF the I-129F and I-130 are approved AT THE SAME TIME and sent to the NVC together...then they process you as IR/CR1. If the I-129F arrives at the NVC on it's own then you will be processed as a K3.

[J&JWS 2]

I am aware that my previous posts came up twice and a little strange when i tried to reply to what someone else had said. I am sorry, my computer is doing strange things right now.

[Wally G! 58]

As Leatherneck stated in his earlier post. They cancel you 1-129f petition and process your I-130 petition. Whom ever told your husband that was wrong and he has waste money on the I-129F petition fee ($350).

When you apply for I-130 and I-129F together as a spouse (K3), you do not need to pay the I-129F fee...only the I-130 fee. So, no money wasted. And PTSD is a valid case to expedite as long as you have the evidence to support it and your spouses day to day functions are such that they cannot function without you there. Just so you know.

His PTSD must be of " Extreme emergent situation " where he is unable to function on a day to day process. If you can provided any cases that were expedite due to PTSD, please I would love to read them. My brother USMC informed me of this information. Many of his Marine buddies petition there wife's and most are PTSD diagnosised. None were able to expedite under " Extreme emergent situation ". Hey we could be wrong..?? There maybe some cases. I would love to read them so I don't mislead anybody.

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

FIANCÉ(E)S OF MEMBERS OF THE U.S. ARMED FORCE

Do we qualify for expedited processing of the petition?

If you are a U.S. citizen and have Form I-129F, Petition for Alien Fiance(é), pending on your

spouse’s behalf, you may ask USCIS to expedite the processing of Form I-129F by calling the Military

Help Line. If you are a U.S. citizen and do not plan to marry your fiancé(e) before he or she enters the

United States, you may file the Form I-129F petition on his or her behalf. If you are outside the United

States, you can mail the forms to the appropriate USCIS Service Center listed on the Form I-129F

instructions. (Unlike a U.S. citizen, a lawful permanent resident cannot file a Form I129F.)

After USCIS approves the Form I-129F, your fiancé(e) may file an application for a K-1 nonimmigrant

visa at a U.S. Consulate overseas. A K-1 visa allows your fiancé(e) to enter the United States to marry

you, and for no other purpose. If you and your fiancé(e) do not marry within 90 days of his or her

admission to the United States, the K-1 visa will expire. If you marry your fiancé(e) within those 90

days, your spouse may file to become a lawful permanent resident by filing an Application to Register

Permanent Residence or Adjust Status, (Form I-485).

Just so you know also.

[J&JWS 2]

His PTSD must be of " Extreme emergent situation " where he is unable to function on a day to day process. If you can provided any cases that were expedite due to PTSD, please I would love to read them. My brother USMC informed me of this information. Many of his Marine buddies petition there wife's and most are PTSD diagnosised. None were able to expedite under " Extreme emergent situation ". Hey we could be wrong..?? There maybe some cases. I would love to read them so I don't mislead anybody.

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

FIANCÉ(E)S OF MEMBERS OF THE U.S. ARMED FORCE

Do we qualify for expedited processing of the petition?

If you are a U.S. citizen and have Form I-129F, Petition for Alien Fiance(é), pending on your

spouse’s behalf, you may ask USCIS to expedite the processing of Form I-129F by calling the Military

Help Line. If you are a U.S. citizen and do not plan to marry your fiancé(e) before he or she enters the

United States, you may file the Form I-129F petition on his or her behalf. If you are outside the United

States, you can mail the forms to the appropriate USCIS Service Center listed on the Form I-129F

instructions. (Unlike a U.S. citizen, a lawful permanent resident cannot file a Form I129F.)

After USCIS approves the Form I-129F, your fiancé(e) may file an application for a K-1 nonimmigrant

visa at a U.S. Consulate overseas. A K-1 visa allows your fiancé(e) to enter the United States to marry

you, and for no other purpose. If you and your fiancé(e) do not marry within 90 days of his or her

admission to the United States, the K-1 visa will expire. If you marry your fiancé(e) within those 90

days, your spouse may file to become a lawful permanent resident by filing an Application to Register

Permanent Residence or Adjust Status, (Form I-485).

Just so you know also.

Yes. I agree with your points, but the case at hand is a K3, already married. No Fiance(e) involved. And also, this only pertains to current active duty not retired/veteran. As you said above in the Expedite Criteria, it is all on a case by case basis.

[Leatherneck 693]

I will correct myself, I went back and read again what I posted and I don't think I was very clear as to the point I wanted to make.

The I-129F will be administratively closed at NVC, (after having been approved at USCIS) and no further action will be taken with regards to that petition. The I-130 will then be processed for the purpose of issuing of a IR-1/CR-1, because there is no K-3 visa being issued.

Now, I hope I stated my point a lot better than my previous post.

[J&JWS 2]

I will correct myself, I went back and read again what I posted and I don't think I was very clear as to the point I wanted to make.

The I-129F will be administratively closed at NVC, (after having been approved at USCIS) and no further action will be taken with regards to that petition. The I-130 will then be processed for the purpose of issuing of a IR-1/CR-1, because there is no K-3 visa being issued.

Now, I hope I stated my point a lot better than my previous post.

You are correct, but it is only administratively closed if the I-129F and I-130 are approved by USCIS at the same time and sent to the NVC together. If the I-129F arrives at the NVC on it's own...then a K3 is issued.

[J&JWS 2]

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/

[Leatherneck 693]

You are correct, but it is only administratively closed if the I-129F and I-130 are approved by USCIS at the same time and sent to the NVC together. If the I-129F arrives at the NVC on it's own...then a K3 is issued.

What will NVC do with an approved I-129F in the case of a spouse?

Considering k-3's are no longer issued, they will have to kill that I-129F

and process the I-130 so the beneficiary can apply for a IR-1/CR-1 visa.

[anonimoose 0]

Thank you very much for the kind words! I appreciate all your helps... The only thing me and my husband to do now... is keep praying. Thank you!