Filing I-129f with a pending I-130

[roxanelouise 0]

Hi there,

So our I-130 is processing and we are filing an I-129f, and I have read that we need to submit everything that we submitted with our I-130 but when looking at the form on USCIS I am not seeing that we need to include any of that.

Am I missing something?

Thanks so much for your help!

Roxane

[NikLR 13,227]

***moved to K3 process and procedures from IR1/CR1 process and procedures***

Here is the K3 guide:

http://www.visajourney.com/content/k3guide

fyi K3 is obsolete and rarely granted.

[roxanelouise 0]

Thank you KCCO.

I spoke with the USCIS today and they told me I should apply as it will be quicker even with my I-130 still pending..... Is that not the case?

Roxane

[fridaynitewine 5]

Hello Roxanne:

We chose not to go the I-130 route because there is that much more paperwork involved and more expense. Judging from the timelines on USCIS it could take just as long or longer by filing the I-129F which is the K3 visa. Figured the trip to Montreal from the west coast for the Visa interview will cost less in the long run. My biggest frustration is that the information on the USCIS website as far as timelines go is inconsistent to say the least. We have been waiting for 3.5 months so far for the I-130 approval. I believe you need to send the 797C (which is your notice of acceptance from your I-130) with your I-129 paperwork but not all of the I-130 paperwork. The I-129F paperwork is very similar to the I-130 requirements, and that is perhaps why some are saying that you need to send it again.

Best of luck

Kelly

[roxanelouise 0]

Thanks Kelly!

May I ask how it is more expensive? Since we have a pending I-130 we do not need to pay the filing fee apparently.

All this stuff makes my brain swim

[NikLR 13,227]

The greater expense is in the adjustment of status. When you are granted a CR1 visa and enter into the USA it immediately becomes a green card. You can work or travel. Thankfully the K3 is a multi-entry visa but you have to adjust your status which costs $1070. In that you must also apply for EAD (work authorization.)

What the USCIS never tells anyone is that the K3 is obsolete and rarely granted. How it works is: You file your I-130, when you get the NOA1 you file the I-129F. The I-129F pulls the I-130 out of line and puts it with the I-130. They go to the back of the line. They're, generally, adjudicated together. This is USCIS policy. If the I-129F happens to make it to the National Visa Center, before the I-130, the NVC will leave it open and send it on to the consulate or embassy as a K3. A consulate or embassy may then close the I-129F if there is already an approved I-130 on hand (Montreal HAS done this.) If the I-130 reaches the NVC before the I-129F the NVC administratively closes the I-129F (and any derivative status for children ends) and continues on the I-130 route which becomes an IR1/CR1 visa path.

http://travel.state.gov/visa/immigrants/types/types_2993.html

Important Notice: When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition.

[NikLR 13,227]

Average time for an I-130 is 6 months. Be prepared to wait at least that. Anything shorter is fast.

[Jettechfsr 5]

I just went through this after 7 months I filed for a K3 visa what it did was get my file out of my local ofice and to Kansas City where finally something happened they cancelled the K3 case and appoved my I-130 but was still 256 days from NOA1. I don't think this will work for everyone but I think it helped me and it's free if you have a pending I-130