i-129F and K-3

[i129fk3 0]

Hi,

My relative marriage took place in Pakistan. Her husband is in US and he applied for I-129F.

Its been 4 months we did not receive any feedback/update from them. The I-129F application still says "Initial Review" since last 4 months.

can someone please suggest, is this usual? I am asking because its already more than 4 months passed on I-129F and next step is K-3 which has to be filed once I-129F is approved and from Pakistan. Is it taking too long for us or is this normal?

Please guide me how to find out if I-129F is stuck somewhere in any stage? And how long it takes to reach to US-Embassy in Pakistan so that we can apply for K-3 visa?

Thanks,

[Marco&Bettina 502]

A vet can correct me if I'm wrong, but I believe if they're already married, they must file I-130.

[dwheels76 5,468]

Hi,

My relative marriage took place in Pakistan. Her husband is in US and he applied for I-129F.

Its been 4 months we did not receive any feedback/update from them. The I-129F application still says "Initial Review" since last 4 months.

can someone please suggest, is this usual? I am asking because its already more than 4 months passed on I-129F and next step is K-3 which has to be filed once I-129F is approved and from Pakistan. Is it taking too long for us or is this normal?

Please guide me how to find out if I-129F is stuck somewhere in any stage? And how long it takes to reach to US-Embassy in Pakistan so that we can apply for K-3 visa?

Thanks,

They also filed a I-130 first right since they are married.

There is no filing of a K3. When you are married you file the I-130 then after that is received by USCIS you send in the I-129F. usually most cases the I-129F gets cancelled when it gets to NVC. Sometimes it gets through.

4 months is normal processing. You just have to fold on many have been waiting twice that time.

All the petitioner can do is call USCIS and ask but 4 months all they will get is "you are in normal processing times".

Please verify that they did send in a I-130 first.

[dwheels76 5,468]

A vet can correct me if I'm wrong, but I believe if they're already married, they must file I-130.

Yep you are correct.. I replied to the OP on his duplicate thread. I pray they didn't do this wrong. Or a denial is forth coming.

[Virtuous45 31]

Its just so sad to see Ops making errors that are detrimental to their cases, that I'm sure ALL the relevant Immigration forms on the USCIS site provide instructions before you actually complete and submit them. Having submitted an application for a Fiance' visa (I-129F) when you are married (I-130), will definitely be a problem for the Op. smh.

[Girl from Celebes 588]

Hi,

My relative marriage took place in Pakistan. Her husband is in US and he applied for I-129F.

Its been 4 months we did not receive any feedback/update from Application Center. The I-129F application still says "Initial Review" since last 4 months.

can someone please suggest, is this usual? I am asking because its already more than 4 months passed on I-129F and next step is K-3 which has to be filed once I-129F is approved and from Pakistan. Is it taking too long for us or is this normal?

Please guide me how to find out if I-129F is stuck somewhere in any stage? And how long it takes to reach to US-Embassy in Pakistan so that we can apply for K-3 visa?

Thanks,

I'm sorry, but the information that you gave here are very confusing. Your relative is already married and filed for I-129F. This petition only for a couple who plan marries in the US a.k.a K-1 visa (fiance(e) visa). But also you said about a K-3 visa and actually is correct for a married couple but most of times on VJ, people always mentioned this specific visa is obsolete and they will en-route your application to a spousal visa.

If your relative's husband wants his wife pursues a K-3 visa, besides I-129F he also has to file I-130 altogether (someone can stand corrected me if I'm wrong). To answer your another questions, for I-129F processing time they only give an estimate about 5 months which means you are still in "normal timeframe".

The big concern is that if your relative's husband IS really filed for I-129F in fact they both are already married and if USCIS or the US embassy in Islamabad found out about the wedding, the chance will get denied is very likely.

Edited March 24, 2014 by Girl from Celebes

[Ryan H 3,812]

Duplicate threads merged and moved to K3 Process & Procedures.

[NikLR 13,227]

Did they file both petitions or just the I-129F?

[SoufianeRebecca 0]

Hi everyone....I am in the process of filing for a visa for my husband in Morocco. We married in September 2013. When I returned, I was advised to file the I-130 first, then once the I-130 was accepted and I received the 797 (Notice of Receipt), to then file the I-129f/K3 form. The I-129f/K3 is for unmarried couples, however the form actually has a space to list if you are married. It's confusing, but it's correct. The I-130 must be filed first, but there are significant delays in getting this one approved, usually a year or more. However, the I-129f/K3 form only takes approximately 5 months to process. You only pay for the filing fee for the I-130. Whichever gets processed first, the other is simply revoked. It's possible, I'm told, but VERY rare that the I-130 would get approved first. I'm about 2 weeks shy of 5 months and hope to get the approval soon. I hope this helps you. Best of luck to you all!

[SoufianeRebecca 0]

I'm sorry, but the information that you gave here are very confusing. Your relative is already married and filed for I-129F. This petition only for a couple who plan marries in the US a.k.a K-1 visa (fiance(e) visa). But also you said about a K-3 visa and actually is correct for a married couple but most of times on VJ, people always mentioned this specific visa is obsolete and they will en-route your application to a spousal visa.

If your relative's husband wants his wife pursues a K-3 visa, besides I-129F he also has to file I-130 altogether (someone can stand corrected me if I'm wrong). To answer your another questions, for I-129F processing time they only give an estimate about 5 months which means you are still in "normal timeframe".

The big concern is that if your relative's husband IS really filed for I-129F in fact they both are already married and if USCIS or the US embassy in Islamabad found out about the wedding, the chance will get denied is very likely.

I was told by USCIS that is acceptable to file the I-129f despite already being married. There is actually a place on the form to list if you've already gotten married. Hopefully, this won't be an issue.

[dwheels76 5,468]

I was told by USCIS that is acceptable to file the I-129f despite already being married. There is actually a place on the form to list if you've already gotten married. Hopefully, this won't be an issue.

This is wrong information.

A married couple has to first file the I-130 if they want to pursue the K3 route. Once USCIS receives and they get the I-797 (NOA1) letter than they can file the I-129F. A married couple can't just file a I-129F alone.

If you checked you are married they would check to see if you filed a I-130. remember the I-129F filed after the I-130 is free so of course you have to file the I-130 first and pay.

[dwheels76 5,468]

Hi everyone....I am in the process of filing for a visa for my husband in Morocco. We married in September 2013. When I returned, I was advised to file the I-130 first, then once the I-130 was accepted and I received the 797 (Notice of Receipt), to then file the I-129f/K3 form. The I-129f/K3 is for unmarried couples, however the form actually has a space to list if you are married. It's confusing, but it's correct. The I-130 must be filed first, but there are significant delays in getting this one approved, usually a year or more. However, the I-129f/K3 form only takes approximately 5 months to process. You only pay for the filing fee for the I-130. Whichever gets processed first, the other is simply revoked. It's possible, I'm told, but VERY rare that the I-130 would get approved first. I'm about 2 weeks shy of 5 months and hope to get the approval soon. I hope this helps you. Best of luck to you all!

There is wrong information here also. The I-130 never gets revoked that would totally defeat the whole purpose of a K3.

Also sinceSeptember USCIS announced that I-130 and I-129F would be adjudicated together. they marry them up. There is no 5 month fatst track t. Some k3's have been processed lately (I believe like 3) But it didn't save them but the time delay at NVC and when it got to embassy the embassy cancelled it .

Normally if there is already a I-130 approved in system it makes the I-129F obsolete but some have been getting through. Few but some.

But if you look through VJ and the people getting I-130 and I-129F approvals same time or days apart.

[Girl from Celebes 588]

I was told by USCIS that is acceptable to file the I-129f despite already being married. There is actually a place on the form to list if you've already gotten married. Hopefully, this won't be an issue.

The OP has stated that the husband's relative was only filed I-129F. I am not a K-3 nor IR-CR filer route. But, by learning from the other posts, when you are already married and decided to choose a K-3 route, you need to marry up I-130 and I-129F forms. As far as my knowledge could recalled the information on my I-129F, the form is also mention about K-3.

I was confusing because the OP only stated the husband's relative filed I-129F without mentioning of I-130 which is I hope the OP only concerned about I-129F's timeframe and that's why he/she posted on K-1 forum to seek the answer.

[NoelAnne 62]

There is sooooo much confusion about the 129f. Dwheels, in your experience, have you seen every k3 that gets to the embassy cancelled? I have my medical on Friday, have submitted the ds160 after receiving an email from the embassy in London to do so. I also have a 130 at the NVC and my husband has already filled in ds261. No fees paid yet, just waiting to see how the k3 goes.

[Ketsuban 1,034]

I'm assuming the worst here since OP hasn't come back. I've said this before and been flamed for it, but it is so important to read instructions carefully when filing legal documents if you're not going to have a lawyer do it for you, otherwise you learn the hard way. To anyone reading here who hasn't filed yet, please read the relevant instructions on the USCIS website carefully and do not skim or skip over anything because best case scenario you're going to end up waiting apart longer than you need to.