K3 Accepted

[K and P 0]

So I filed both a K3 and I-130. They were both approved on Oct 7th and both received at NVC on November 12. On Nov 13th my K3 petition was given a case number and send to the Madrid embassy where it is now ready for an interview. My I-130 is waiting for a case number at NVC. Anyone ever have this happen before???? I would rather go with the I-130 right now, can I schedule an interview with the K3 and still keep processing the I-130?

[mai95 4]

the I-130 should be adminstrativly closed by NVC, they only allow 1 petition through, the first one they get they process the other is closed.
So no you should not be able to process the I-130 but if it does slip by them then just dont' schedule the K-1 interviewn and wait for the I-130 interview.

[Cathi 5,748]

the I-130 should be adminstrativly closed by NVC, they only allow 1 petition through, the first one they get they process the other is closed.

So no you should not be able to process the I-130 but if it does slip by them then just dont' schedule the K-1 interviewn and wait for the I-130 interview.

its a k3 not a k1

[Ryan H 3,812]

the I-130 should be adminstrativly closed by NVC, they only allow 1 petition through, the first one they get they process the other is closed.

So no you should not be able to process the I-130 but if it does slip by them then just dont' schedule the K-1 interviewn and wait for the I-130 interview.

WRONG, WRONG WRONG!!!!!!!!!!!!!!!!!

An I-130 petition is NEVER closed by the NVC, ever. If an I-129F survives the NVC, it could still be closed by the Embassy or Consulate if they receive word that an approved I-130 is on-station at the NVC.

OP, since the CR-1 is your preferred route keep after the NVC to obtain a case number for the I-130; once received, notify the Embassy that an approved I-130 is on-station at the NVC so the K3 route can be administratively closed.

[mai95 4]

WRONG, WRONG WRONG!!!!!!!!!!!!!!!!!

An I-130 petition is NEVER closed by the NVC, ever. If an I-129F survives the NVC, it could still be closed by the Embassy or Consulate if they receive word that an approved I-130 is on-station at the NVC.

OP, since the CR-1 is your preferred route keep after the NVC to obtain a case number for the I-130; once received, notify the Embassy that an approved I-130 is on-station at the NVC so the K3 route can be administratively closed.

i stand correect, thank you and now I know, we are all learning here.

[mai95 4]

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.

The NVC will mail you a letter if it sends your spouse’s I-129F petition to the U.S. Embassy or Consulate. Upon receiving this letter, inform your spouse to take the below listed actions to apply for a K3 visa and prepare for the interview.

NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination.

Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

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

[K and P 0]

WRONG, WRONG WRONG!!!!!!!!!!!!!!!!!

An I-130 petition is NEVER closed by the NVC, ever. If an I-129F survives the NVC, it could still be closed by the Embassy or Consulate if they receive word that an approved I-130 is on-station at the NVC.

OP, since the CR-1 is your preferred route keep after the NVC to obtain a case number for the I-130; once received, notify the Embassy that an approved I-130 is on-station at the NVC so the K3 route can be administratively closed.

i stand correect, thank you and now I know, we are all learning here.

THanks for input. What happened is both were approved but the K3 arrived first to the NVC so was given a case number and sent directly to Madrid embassy They are still waiting to give the 130 a case number. After speaking with my lawyer and a supervisor it is clear that I am able to pursue the K3 route until the NVC gives my I-130 a case number, after that will have to go with the I-130. Since my case is already at the embassy and ready to schedule an interview though things could move fast in either direction. The supervisor assured me that even if I was rejected for the K3 I could still proceeed with the I-130, so that will never be cancelled.

[NikLR 13,227]

It's up to you. Do you want to spend the money now at the NVC ($318) and have a green card upon arrival in the USA (will be another $165 for new immigrant fee aka green card production, payable during the first year) or do you want to wait and adjust status in the USA after you arrive ($1070). You can work after 3 months but it'll be closer to a year until you get the green card.