NVC is forwarding I129F petition for K3 visa to embassy!

[M & E 7]

Hi everyone,

I have a few questions regarding the K3 visa and how to go with the CR1 visa instead. At first (and before I began reading VisaJourney!), we thought we would try both visas and see which was faster. Now, the circumstances have changed, and we definitely want to go the CR1 route because I can't move to the US before the end of the year.

Both I129F and I130 petitions were approved the same day (early May), except that on the I130 notice approval, it was written that I (the beneficiary) was in the US and I was adjusting status. My husband had called USCIS, and they had told him that it was a wording mistake on the notice, but that our petition was being sent to NVC. They refused to send a corrected version of the notice though.

My husband called NVC a few days ago, and they said they hadn't received anything yet.

Problem: today, my husband received an email from NVC saying they were forwarding the I129F to the Paris embassy.

Does it mean NVC hasn't received the I130 petition?

What will happen when they receive it?

Can we still continue the CR1 visa and how can we do that?

My husband is travelling to Europe tomorrow, so he won't be able to call USCIS and NVC before Tuesday evening and I'd really really really appreciate your comments.

Thank you very much for your replies.

[jkelly07 120]

the k-3 is no longer used as of two years ago. the 1-129f is used for people not married yet, fiancee. the 1-130 cr-1 is for married peoplethat wish to came here.at one time the 1-129f and the 1-130 was both filed at the same time as k-3 it was a little faster,now it's only the cr-i for married,you still see the k-3 in some guides, just disreguard it.the cr-1 route is the best for you and much cheaper,you can work , green card, you can traval, you have two years to remove conditions.

[Ryan H 3,812]

Does it mean NVC hasn't received the I130 petition?

What will happen when they receive it?

Can we still continue the CR1 visa and how can we do that?

Answers:

1) No

2) They will assign a case number to the file

3) Since the I-129F is enroute to the Embassy in Paris, the K3 path is still alive. Your husband is going to have to contact USCIS and then speak to a Tier 2 person in order to have the I-130 shaken loose from USCIS and sent to the NVC. Once the NVC has the I-130 and has assigned a case number to that petition, you can ignore all correspondence related to the K3.

[Ryan H 3,812]

the k-3 is no longer used as of two years ago.

This is not quite correct, while most K3's end up administratively closed by the NVC, there is that rare situation where an I-129F that was filed in conjunction with an I-130 arriving at the NVC ahead of said I-130. When an I-129F arrives at the NVC first, the K3 path remains alive and a choice is presented, if the beneficiary wants a K3, they would respond to all correspondence from the Embassy/Consulate. If the beneficiary wants a CR-1 (or IR-1 if applicable), they would ignore all correspondence from the Embassy/Consulate regarding the K3 and submit documents to the NVC. The OP is in a situation where the I-130 needs to be sent to the NVC in order for the CR-1 process to continue. If the OP's spouse in unable to get the I-130 shaken loose and sent to the NVC, then they will not have a choice and will need to respond to the K3 correspondence; hopefully, it will not come to that.

[Darnell 8,478]

wow - a procedural error with USCIS, keeping the I-129F alive past NVC intake.

Yikes.

As Ryan Mentioned -

call into USCIS , get a Tier 2 Human (an ISO) and

find out just exactly what's up with the I-130 petition.

USCIS is open again on Tuesday.

Good Luck !

[pushbrk 12,898]

the k-3 is no longer used as of two years ago. the 1-129f is used for people not married yet, fiancee. the 1-130 cr-1 is for married peoplethat wish to came here.at one time the 1-129f and the 1-130 was both filed at the same time as k-3 it was a little faster,now it's only the cr-i for married,you still see the k-3 in some guides, just disreguard it.the cr-1 route is the best for you and much cheaper,you can work , green card, you can traval, you have two years to remove conditions.

This is one of those rare exceptions resulting from a mistake by USCIS. It leaves both options open. Since the OP wants the CR1 option, they can simply choose not to respond to the P3 for the I-129F when it is received from Paris and push through with the I-130 and the CR1 visa.

[M & E 7]

Thank you for your answers! This is really helpful. I never thought this process could be so stressful!