File K3 during i-130 process:

[NikLR 13,227]

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!.

The K3 timeline option on the board does the I-130 and the i-129F. You'd simply change it to the IR1/CR1 if the I-129F is closed by the USCIS, the NVC or the embassy/consulate.

Also I know it's persnickety, but you sent and received NOA1 for an I-129F petition, not a K3. It is the K3 visa route, but not a K3. I know it's nitpicking to mention it but I'm one of the members here who feels it's important to call things by their appropriate names, as complicated and convoluted as that is sometimes.

Hopefully you'll get the I-130 approved soon!!

[Bisola 2011 16]

Just wanting to confirm, I've already received our NOA1 for I130. In submitting the I129F aside from the petition itself I'm including a copies of NOA1, birth and marriage certificate. Is there anything else that should be included? I've read and reread and reread the instructions. Just making sure there isn't anything else I need to submit...

[Jilly30 16]

The K3 timeline option on the board does the I-130 and the i-129F. You'd simply change it to the IR1/CR1 if the I-129F is closed by the USCIS, the NVC or the embassy/consulate.

Also I know it's persnickety, but you sent and received NOA1 for an I-129F petition, not a K3. It is the K3 visa route, but not a K3. I know it's nitpicking to mention it but I'm one of the members here who feels it's important to call things by their appropriate names, as complicated and convoluted as that is sometimes.

Hopefully you'll get the I-130 approved soon!!

Sorry about the mislabeling...I do know tho that the NOA was for the petition only.

Thanks for the info on how to add the K-3 to my timeline...all updated now! :-)

[Lakehouse 293]

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!!

Our situation is nearly identical, although we're July filers.

The I-130 is in Overland Park, the I-129F in Lee Summit.

[WaitingStill 24]

I see this topic is nearly two months old but here goes:

The State Dept. website gives instructions on applying for a K3 visa. It says first, file your I-130 petition, THEN file your I-129F petition.

Further along the instructions tell you that if I-130 is received at NVC BEFORE the I-129F, they will close out the I-129F. So why do they tell you to file the I-130 first?

Also...

If a foreign spouse is involved in child custody litigation with her ex, is that spouse barred from obtaining a CR-1 or a K3 visa? I didn't see anything about custody disputes on the ineligibility list.

thanks!!!

[NikLR 13,227]

They tell you to file the I-130 first because that is the form for an immediate relative. The I-129F if filed alone, is for a fiancé(e). The I-129F have traditionally been adjudicated faster, but after the USCIS put into policy that the I-129F and the I-130 be adjudicated together, the NVC decided to make their rule about the I-129F being closed so that they were not doing all these different types of visas that were not necessary. Remember these are two different departments in the government. The Department of State controls the NVC and the Department of Homeland Security controls the USCIS. (And also so that the DOS would be getting some money too, not just the USCIS.)

Yes a foreign spouse can obtain a CR1 or K3 visa. However the child in question cannot move without either a notarized or sworn letter stating it is okay by the other parent, or proof of sole custody by the beneficiary. It's good to note that the K3 is so rarely granted it is not a good idea to assume the K4 will be granted to any children and instead file an I-130 for each child who is supposed to move with the beneficiary.