K3 Time Check

[Ron&Wenwen 7]

Hi VJ Members,

My PD is 2/16/2014. Processing times are 5 months. Does that mean I have another 5 months to wait or does the 3 months I have been count towards the 5 months processing time?

Thanks

[F & A 12]

Hi VJ Members,

My PD is 2/16/2014. Processing times are 5 months. Does that mean I have another 5 months to wait or does the 3 months I have been count towards the 5 months processing time?

Thanks

The 3 months counts toward your 5 months.

[RandyW 149]

One member has postulated that in order to meet the 5 month time frame for your I-129F, the USCIS will also process the I-130 at the same time.

Remember that under the Immigrations Laws (INA) which govern the issuance of K-3 visas, once the USCIS approves an I-130, the K-3 is no longer available.

[Ron&Wenwen 7]

I never sent the I-129 form because I was told it was not needed, but used to help speed up the application processing. If I can stay on the 5 month processing timeframe, we are quite happy with that. I have read that the K3 visa is an outdated visa. As you said, once our I-130 is approved, does that mean it will move to either the IR-1/ CR-1 automatically?

[RandyW 149]

I never sent the I-129 form because I was told it was not needed, but used to help speed up the application processing. If I can stay on the 5 month processing timeframe, we are quite happy with that. I have read that the K3 visa is an outdated visa. As you said, once our I-130 is approved, does that mean it will move to either the IR-1/ CR-1 automatically?

If you didn't send in the I-129F, then you are NOT petitioning for a K-3 visa and are NOT on the 5 month processing timeframe for I-129F. I-129F/K-3 visa processing is available by law (the INA) until the I-130 is approved by the USCIS. In practice, however, the K-3 visa is rarely, if ever, awarded.

Check here for other I-130 processing timelines - http://www.visajourney.com/timeline/k1list.php?op6=All&op7=China&dfile=No&op1=&op2=&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28

Approval of your I-130 petition will allow your wife to apply for a IR-1/CR-1 visa at Guangzhou

[Ron&Wenwen 7]

RandyW,

I checked out some timelines you suggested and they are all over the place. Some as short a few months, then others some over a year.

So my question is, should I send in the I-129 and have them attach it to my I-130 petition? By doing that, will it speed up or delay my current time?

If there is a serious delay in the processing of our application, I am a dead duck in my wife eyes Just looking for the best route at this point in time.

[RandyW 149]

To answer that would require speculation about the processing behind the scenes. Remember, though, that filing the I-129F is free since you've already filed the I-130. Remember also that the I-129F must be kept open until processing is complete on the I-130.

Here's a thread from the guy doing some speculation -

I-129F Wait Times Shorter Than I-130 For USCitizen in USA

It's your call.

[Ron&Wenwen 7]

Randy,

Thanks for the information and link. I have a bad feeling if I just go straight with the I-130, I could many, many months of more waiting, but then again I could be wrong. You are correct that filing the I-129F is free and I feel I have nothing lose by sending it. I should have sent it a month ago when I planned to.

[NikLR 13,227]

Sending the I-129F is free, but a K3 visa is twice as expensive as a CR1/IR1 visa. Why? Because of the adjustment of status. Currently people who get a K3 visa are at most saving 2-3 months of processing at the NVC in favour a longer processing time towards the green card in the USA. Longer to green card, longer to ROC, longer to citizenship if so desired, and twice as expensive.

personal choice obviously. But the I-129F will NOT speed up the processing of your I-130. If anything, it can slow it down because they remove the I-130 from it's processing position and place it with the I-129F. They are then adjudicated together. According to your timeline your NOA1 date was 3 months ago. You have at least 2-4 months still for that and the I-129F will not speed it up.