True or not?

[immihelp99 21]

Hi.. I filed the i-130 petition for my husband in Pakistan (I am a US citizen). After receiving my notice of action receipt, I filed i-129f to obtain the K-3 visa. I read several articles about how filing for the K-3 visa is a waste of time because it takes as much time to get approved as the i-130 petition. I filed it anyway, because I figured it wouldn't hurt to. I just read that on an online thread that now my i-130 petition will be moved back with my i-129f petition, which will mean moving it back a month in my case! Is this true? And if it is, is there a way to cancel my i-129f petition? I was just trying to speed up things not make them worse!

Thanks in advance.. I'm really worried. For the people who are on the same boat, they know how one month means a lot :/

[immihelp99 21]

Also, it said to file i-129f where we got married, which would be in Pakistan. Is that correct?

[dwheels76 5,469]

Also, it said to file i-129f where we got married, which would be in Pakistan. Is that correct?

No thats not correct. You send to USCIS with a copy of your NOA1 from the I-130.

[immihelp99 21]

No thats not correct. You send to USCIS with a copy of your NOA1 from the I-130.

Ohh well I sent it to Pakistan just today. Will that be a problem? On the instructions it says:

The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred. Petitioners should make sure to identify the appropriate consulate, in the same country where they married the alien for whom they are petitioning, in Block 20 to avoid lengthy delays. In the event the petitioner and alien were married in the United States, they should list the country of the alien's current residence. See U.S. Department of State regulations at 21 CFR 41.81.

[NikLR 13,232]

You're not applying for a K3 visa though. You're filing petitions. Your spouse is the one who applies for the visa which would happen at the consulate or embassy in Pakistan if the I-130 AND I-129F manage to make it past the NVC. Recently another member from Canada actually had her I-129F make it to Montreal before the I-130 made it to the NVC but the consulate closed the K3 due to the approved I-130 on file.

This is a two stage process.

Stage one: USC/LPR files a petition that when approved allows the beneficiary to apply for an immigrant visa

Stage two: After approval the USC/LPR completes the affidavit of support which entitles the government to sue for any means tested benefits that the beneficiary may use, they also want to make sure you make minimum $ so that this doesn't happen in the first place. At the same time the beneficiary applies for a visa - when the paperwork is complete they send the package to the consulate or embassy abroad. The beneficiary has a medical and an interview during which time the visa (and also the affidavit of support) is reviewed and either approved, denied or undergoes additional processing if needed. (The AP eventually leads to either the approval or denial of the visa anyhow. )

It won't be a problem, they probably won't do anything with it and it may be returned to you or nothing will happen with it.

Edited March 8, 2013 by NikiR