File K3 during i-130 process:

[NikLR 13,227]

What I don't understand, what it will help filing a I-129, since you already filed for an I-130? If I read the info from state.gov correctly, then it will help nothing?

If the NVC receives the I-130 before your I-129F:

• The NVC will administratively close your I-129F
• Your spouse cannot receive a K3 visa
• The NVC will contact you with instructions on how to process the I-130 petition to receive an IR1 or CR1 immigrant visa

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

Isn't this just a waste of money then?

1) it doesn't cost anything to file the I-129F in hopes of a K3

BUT

if the K3 is received you have to AOS which costs an extra $1070 vs the $230 for the IV and $88 for the affidavit of support (plus $165 new immigrant fee.)

about 0.33% of K3 went through in 2012... You decide.

[r060106 109]

maybe, maybe not.

what matters, is routing on the I-130, where it is currently, and where the I-129F will be adjudicated.

So basically if you're I-129F gets sent to the NBC there will have been no point in sending it because it will just be matched up with the I-130 already sitting there? Have they normally been getting sent to the NBC? Do you know? Thanks

[Darnell 8,478]

It helps to know exactly where yer I-130 is.

If it's at a local office, then I am certain that filing an I-129F pulls it out of the local office.

[r060106 109]

Well for now it's at the NBC. So I don't know yet. That's why I was unsure of whether to file it now or later.

1) it doesn't cost anything to file the I-129F in hopes of a K3

BUT

if the K3 is received you have to AOS which costs an extra $1070 vs the $230 for the IV and $88 for the affidavit of support (plus $165 new immigrant fee.)

about 0.33% of K3 went through in 2012... You decide.

0.33%, as in a third of a percent?? That's brutal. Sounds like there's no point in doing it then. I just don't get why they don't process them any more given that they were made an option by Congress specifically for situations like now where the wait time is ungodly long.

[NikLR 13,227]

Well for now it's at the NBC. So I don't know yet. That's why I was unsure of whether to file it now or later.

0.33%, as in a third of a percent?? That's brutal. Sounds like there's no point in doing it then. I just don't get why they don't process them any more given that they were made an option by Congress specifically for situations like now where the wait time is ungodly long.

You can try, it's entirely possible that the I-129F may be sent to VSC or CSC or even TSC and be adjudicated before the I-130 and sent to the NVC beforehand. However, it's also possible that it'll be matched up with the I-130 wherever it is and adjudicated together.

My I-130 always said the NBC, but it likely went to the local office because that's what the USCIS was doing at the time (without notification of the local office transfer.) Without calling you could never know, but the USCIS call center never seems to know what's going on anyhow. Worst trained employees ever IMHO.

[r060106 109]

You can try, it's entirely possible that the I-129F may be sent to VSC or CSC or even TSC and be adjudicated before the I-130 and sent to the NVC beforehand. However, it's also possible that it'll be matched up with the I-130 wherever it is and adjudicated together.

My I-130 always said the NBC, but it likely went to the local office because that's what the USCIS was doing at the time (without notification of the local office transfer.) Without calling you could never know, but the USCIS call center never seems to know what's going on anyhow. Worst trained employees ever IMHO.

Yeah, I often tell myself "If only we would have been married and filed last year. Then we wouldn't have to deal with this ungodly wait." Ugh. It's so depressing. But hind sight is always 20/20 I guess. It's too bad they don't send any petitions to local offices anymore.Even though that seemed tough, it appeared to be a lot better than the situation now, with the NBC processing everything and everyone being screwed in the process.

Would you suggest sending in the I-129F anyways? Just curious what your thoughts are on that. If you already answered that question please disregard what I said. I can't really remember what I've said in threads now anymore. It all becomes a blur when you start positing a lot.

[Jilly30 16]

I've been waiting on my NOA2 for the I-130 for 6 months now and my hubby and I just decided to file the I-129f this month. A user on another topic, who has also been waiting 6 months was actually called into the office by her lawyer who advised her to file this I-129f now. Another person also had a similar experience. We think the Immi. lawyers have come to know something which has prompted them to suggestion their I-130 clients now file for the K-3 path as well.

I mean, once upon a time the K-3 was originally put in place for this exact scenario...where the wait times for I-130 are ungodly long. Then things started getting processed faster and thats when the K-3 became obsolete...I-130s were getting processed well before I-129fs, so no point in bothering. But NOW, its back to moving at a snail's pace with a massive backlog, so it would make sense if they are starting to process the K-3s again.

The general theory I've uncovered from reading millions of posts is that during this waiting period, wherever your I-130 is sitting, filing the I-129f means they have to locate your I-130 to confirm that it exists and check its status. the K-3 is supposed to be processed while the I-130 is pending, but I think the actually operating procedure is that they just grab the I-130, while they're checking it exists, and processing that instead of the I-129f. Then you get notification that the I-129f is dropped and that your I-130 is advanced to the next step. Seems awfully coincidental that it happens in that manner more times than not. (Which is dumb because if they were smart they'd go ahead with approving the K-3 since that would actually get them more money in the long run).

So even if the K3 is dropped, if it means getting hands and eyes on the I-130 then whats the harm? There is no cost to send the I-129f and it will either help or it won't. You either move forward or you stay where you are. No loss. And it least you take a shot at it. "You miss 100% of the shots you don't take" so I would say go for it.

[YulingZhu 4]

Did you received your NOA1 for K3 yet? If you did, where did it came from?

Thank you

I've been waiting on my NOA2 for the I-130 for 6 months now and my hubby and I just decided to file the I-129f this month. A user on another topic, who has also been waiting 6 months was actually called into the office by her lawyer who advised her to file this I-129f now. Another person also had a similar experience. We think the Immi. lawyers have come to know something which has prompted them to suggestion their I-130 clients now file for the K-3 path as well.

I mean, once upon a time the K-3 was originally put in place for this exact scenario...where the wait times for I-130 are ungodly long. Then things started getting processed faster and thats when the K-3 became obsolete...I-130s were getting processed well before I-129fs, so no point in bothering. But NOW, its back to moving at a snail's pace with a massive backlog, so it would make sense if they are starting to process the K-3s again.

The general theory I've uncovered from reading millions of posts is that during this waiting period, wherever your I-130 is sitting, filing the I-129f means they have to locate your I-130 to confirm that it exists and check its status. the K-3 is supposed to be processed while the I-130 is pending, but I think the actually operating procedure is that they just grab the I-130, while they're checking it exists, and processing that instead of the I-129f. Then you get notification that the I-129f is dropped and that your I-130 is advanced to the next step. Seems awfully coincidental that it happens in that manner more times than not. (Which is dumb because if they were smart they'd go ahead with approving the K-3 since that would actually get them more money in the long run).

So even if the K3 is dropped, if it means getting hands and eyes on the I-130 then whats the harm? There is no cost to send the I-129f and it will either help or it won't. You either move forward or you stay where you are. No loss. And it least you take a shot at it. "You miss 100% of the shots you don't take" so I would say go for it.

[Blueberry Pancake 311]

There was just recently an I-129f/K-3 cancellation and an I-130 approval a few hours later.

I-129f sent to Texas (July)- transferred to NBC/MO

I-130 sent to Overland Park (May)- transferred to NBC/MO and approved there (October)

[NikLR 13,227]

IMHO the lawyers are hoping you'll do the extra paperwork. AOS isn't cheap and the K3 route was started when I-130s took years, not a year, but several years like 3 or 4. Could you imagine having to wait that long?

It's a personal opinion to do the I-129F or not. I can't say someone should or shouldn't with the exception of; if you're already having trouble being a sponsor or getting the funds together for the CR1 path, then the K3 path will make it exponentially harder on you and your spouse.

[r060106 109]

I've been waiting on my NOA2 for the I-130 for 6 months now and my hubby and I just decided to file the I-129f this month. A user on another topic, who has also been waiting 6 months was actually called into the office by her lawyer who advised her to file this I-129f now. Another person also had a similar experience. We think the Immi. lawyers have come to know something which has prompted them to suggestion their I-130 clients now file for the K-3 path as well.

I mean, once upon a time the K-3 was originally put in place for this exact scenario...where the wait times for I-130 are ungodly long. Then things started getting processed faster and thats when the K-3 became obsolete...I-130s were getting processed well before I-129fs, so no point in bothering. But NOW, its back to moving at a snail's pace with a massive backlog, so it would make sense if they are starting to process the K-3s again.

The general theory I've uncovered from reading millions of posts is that during this waiting period, wherever your I-130 is sitting, filing the I-129f means they have to locate your I-130 to confirm that it exists and check its status. the K-3 is supposed to be processed while the I-130 is pending, but I think the actually operating procedure is that they just grab the I-130, while they're checking it exists, and processing that instead of the I-129f. Then you get notification that the I-129f is dropped and that your I-130 is advanced to the next step. Seems awfully coincidental that it happens in that manner more times than not. (Which is dumb because if they were smart they'd go ahead with approving the K-3 since that would actually get them more money in the long run).

So even if the K3 is dropped, if it means getting hands and eyes on the I-130 then whats the harm? There is no cost to send the I-129f and it will either help or it won't. You either move forward or you stay where you are. No loss. And it least you take a shot at it. "You miss 100% of the shots you don't take" so I would say go for it.

Very well said. I think I'll reconsider the K3 now.

[r060106 109]

IMHO the lawyers are hoping you'll do the extra paperwork. AOS isn't cheap and the K3 route was started when I-130s took years, not a year, but several years like 3 or 4. Could you imagine having to wait that long?

It's a personal opinion to do the I-129F or not. I can't say someone should or shouldn't with the exception of; if you're already having trouble being a sponsor or getting the funds together for the CR1 path, then the K3 path will make it exponentially harder on you and your spouse.

Wow, that's an ungodly amount of time. Thank God it's not like that anymore. You think the K3 is exponentially harder even given the fact that your spouse and you will be together during the process, at least?

[NikLR 13,227]

financially yes.

I know i supported myself in Canada and my husband supported himself in the USA. He paid for all the immigration costs and we both saved money for the money. I was able to collect Canadian unemployment after moving as well but we still struggled a little financially (bills were paid but there was no fun money.) if one spouse is supplying everything for the other spouse for the 3 months until the EAD (minimum... who knows how long it takes to get a job), not to mention the $1070 AOS costs... If you're already struggling financially, it's silly to make it twice as hard on yourselves. No matter how much you miss each other, if being together quicker means you cannot support yourself and your spouse, how is that a good thing? But to each their own. Ya know what they say about opinions!! LOL!!

[Jilly30 16]

Did you received your NOA1 for K3 yet? If you did, where did it came from?

Thank you

I got my NOA1 for K3 today saying its on its way to NBC (where my I-130 also is). I'm keeping my I-130 process in my timeline here and the K-3 info in my sig. since I can't keep dual timelines. If K-3 gets approved I will update my timeline for that info to help the other lists & timelines.

Of course I get this, just when I hear the've begun transferring I-130s to the other service centers to help with processing. :-/ We'll see! Even if it just gets hands on my case I'll be happy!.

[NoelAnne 62]

We filed our 129f on receipt of the i797 for the 130, we're June filers. The 130 is in Overland Park and the 129 is in Lees Summit. Have heard nothing since NOA1s. Will be interesting to see if the 129 is approved first. Either way, at this stage we'll take the quickest route, even if the K3 costs more. We just want to be together!!