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Posted

No, the K3 route is not worth it. USCIS has nothing to do with administrative closure of that process, it's the NVC (National Visa Center) that administratively closes the K3 process and the NVC is a State Department agency.

So if I understand the process correctly, one for the K3, one submits I-130 and I-129f. If the I-130 is processed first, then one is moved into the CR-1 track. If I-129f processed first, then the K-3 track is commenced. From what everyone has said, the K3 is seldomly approved in previous years. I just want to make sure I do not do something and then find out some time later "I could have done the K3 and my spouse would be here quicker"

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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

So if I understand the process correctly, one for the K3, one submits I-130 and I-129f. If the I-130 is processed first, then one is moved into the CR-1 track. If I-129f processed first, then the K-3 track is commenced. From what everyone has said, the K3 is seldomly approved in previous years. I just want to make sure I do not do something and then find out some time later "I could have done the K3 and my spouse would be here quicker"

The K3 process often works this way:

  • I-130 filed
  • Petitioner received NOA1 hard copy
  • Petitioner sends I-129F along with a copy of the NOA1 to the service center that their I-130 was sent to by the lockbox
  • USCIS ties the two petitions together by pulling the I-130 from its current place in the queue and placing it with the I-129F that was just submitted (happening since 2006)
  • The two petitions are adjudicated at the same time and a decision on both is made at the same time
  • If both petitions are approved at the same time, they are sent to the NVC (usually at the same time)
  • If the NVC receives both petitions at the same time or if the I-130 is received first, the K3 is administratively closed on the basis of having an approved I-130 on-station (procedure implemented in February 2010)

If the I-129F were to arrive at the NVC ahead of the I-130, then it would be assigned a case number and sent to the appropriate Embassy or Consulate abroad. This scenario presents a choice, pursue the K3 or follow the steps at the NVC to pursue the CR-1 (IR-1 if applicable). This is a rare scenario and no one should plan on it taking place.

With all that being said, the recent action by USCIS to send spousal visa petitions to local field offices via the National Benefits Center changes things somewhat. Firstly, it remains to be seen if the routing of spousal visa petitions to local offices is more of a long-term thing or only temporary to reduce backlogs at the service centers in California and Vermont respectively. Secondly, the question remains of what would be done with an I-129F that is submitted after an I-130, would it be kept by the National Benefits Center and adjudicated there or sent to the field office to be joined with the I-130. Personally, since the CR-1 (or IR-1) is a much superior visa compared to the K3, I will not suggest someone trying to find out the answer to the question.

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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