Filing a K3 while I-130 is in process

[Roosha 51]

Maybe you'll get lucky and ATL will go on a petition approving streak and your I-130 will get approved.

But what if they don't and you're still sitting here in 7 or 8 months?

[pushbrk 13,176]

Incorrect terminology, the I-129F form is not obsolete, it's a perfectly valid form. K3 visa is the proper term in this regard.

This is also incorrect, I'll assume you forgot the "F" after I-129 so I won't go on any further about that. However, an I-129F is not filed to start the K3 process until after the NOA1 for the I-130 is received. While there is nothing that says both forms cannot be sent at the same time, it's not a requirement to send them at the same time.

Now my thoughts on the OP's question:

Before the transfer of I-130 petitions filed on behalf of spouses to local offices for adjudication started to take place, I would have said "don't bother pursuing the K3" and gone to spell out the probably sequence of events. Now with the transfer of the I-130 to local offices, there is no data if an I-129F would go to the local office to be matched up or remain at the National Benefits Center. If the I-129F were to remain at the National Benefits Center, then there is a possibility that it could makes its way to the NVC ahead the I-130 that could be sitting at a field office gathering dust.

OP, since your file is in Atlanta and not likely to be looked at anytime soon, the possibility exists that starting the K3 process could work out. Until there is some data regarding what happens to I-129F filed to start the K3 process in regards to is it sent to a local office or does it stay at the National Benefits Center; all previous advice about the K3 being an obsolete type does not apply at this juncture.

This is the most correct answer. We don't have new data on what's happening to properly filed I-129F petitions for a spouse. However, I wouldn't advise filing the I-129F for spouse anyway unless you have specific reason for wanting that visa. It is NOT likely to save any time. I expect a November filed I-130 will be approved sometime in April. An I-129F will not get approved sooner, so won't get approved at all.

[The Mean Lady 604]

This is the most correct answer. We don't have new data on what's happening to properly filed I-129F petitions for a spouse. However, I wouldn't advise filing the I-129F for spouse anyway unless you have specific reason for wanting that visa. It is NOT likely to save any time. I expect a November filed I-130 will be approved sometime in April. An I-129F will not get approved sooner, so won't get approved at all.

The problem is, NO ONE from atlanta is being approved or has been approved.

All of the August cases are even sitting there still unapproved.

[pushbrk 13,176]

Yes, it would have some advantage.

Why? There's a good chance that the I-129F would stay at MSC and NOT go to Atlanta, at all.

I kind of agree that the I-129F is likely to stay at MSC, but for me, that's speculation. Is your opinion based on any data? Either way, I don't see any reason to expect the I-129F to be approved sooner than the I-130 and it it's not, it can't be approved at all.

There's really no timeline data for specific local offices processing transferred I-130 for spouse petitions. I don't see any reason to expect Atlanta to take more than the 3.5 to 4 months the other local offices are taking. Do you? Does anybody? If so, why?

[speedwell 224]

There's really no timeline data for specific local offices processing transferred I-130 for spouse petitions. I don't see any reason to expect Atlanta to take more than the 3.5 to 4 months the other local offices are taking. Do you? Does anybody? If so, why?

Atlanta has been getting transferred files since August. My office experience of many years leads me to believe that a backlog of 5 months of accumulated information is not cleared within 3.5 to 4 months from the time the information begins to accumulate.

[The Mean Lady 604]

There's really no timeline data for specific local offices processing transferred I-130 for spouse petitions. I don't see any reason to expect Atlanta to take more than the 3.5 to 4 months the other local offices are taking. Do you? Does anybody? If so, why?

There's an entire thread on the Atlanta filers and one went in for an infopass and atlanta told them they have not approved ANY of the petitions since the forwarding began.

[pushbrk 13,176]

There's an entire thread on the Atlanta filers and one went in for an infopass and atlanta told them they have not approved ANY of the petitions since the forwarding began.

In that case, I don't see any reason not to file the I-129F. It can't hurt.