Really confused about IR1-CR1 with regards to K-3

[juvy&Scott 0]

Juvy,

These days you will most likely have to pay money to continue with the immigrant visa process if the I-129f and I-130 are approved at the same time. The USCIS is holding on to the approved I-130, not sending it to the NVC, if there is an approved I-129f based on the experience that most K3s adjust status rather than obtain an immigrant visa. And now that both petitions being processed at the same service center, either Vermont or California, the right hand knows what the left hand is doing.

Yodrak

Hello Guys,

What if the I-130 and I-129F are approved at the same time and we want to pursue the K3 since it's still the fastest route as i've noticed in here, could we just abandon the whole I-130 process (sending fees and forms to NVC)? or should we really do the whole I-130 process as well?

Thanks so much for any info.

Juvy

Yodrak,

Thanks so much for the reply.. so does this means that I can't get a K3 visa without having to do the whole I-130 process as well?

I was thinking that the 2 petitions (I-130 and I-129F) are 2 separate ballgames, and the only connection with these 2 with regards to filing a K3 visa is that you have to file an I-130 first before you can file an I-129F..and if these 2 are approved, you have the option to pursue either one and totally abandon the other.

What if i would prefer to have the K3 and have an AOS in the US, what will happen to the approved I-130 then?

What is the purpose of paying all those fees and having all those docs to process the I-130 for the IR1/CR1 visa when one prefers to have the other visa (K3) and will file an AOS in the US?

Shall we pay another fees again when we apply for an AOS or USCIS will consider the fees we shall be paying during the I-130 process?

I know it is too early yet to get confused on things since we still don't have an approval for either one yet but it's better to be equipped with knowledge firsthand.. again, thank you so much for sharing your ideas..i've learned

a lot of things from VJ and i'm hoping to learn more.

Juvy

[riblet 0]

Hi Juvy&Scott,

The I130 fee is required whether you enter on the K3 visa or not, whereas pursuing the K3 is optional.

So, if you get your I129F approved you have the option of either:

(1) abandoning the K3 and pursuing the IR/CR1 visa by following the approved I130 petiion through the NVC; OR

(2) entering on the K3, pursuing the IR/CR1 visa through the NVC and returning to your country for the immigrant visa interview; OR

(2) entering on the K3 visa and filing for adjustment of status.

You definitely don't want to continue paying fees for the I130 at the NVC if you decide you are going to file for adjustment of status.

I hope this helps

Juvy,

These days you will most likely have to pay money to continue with the immigrant visa process if the I-129f and I-130 are approved at the same time. The USCIS is holding on to the approved I-130, not sending it to the NVC, if there is an approved I-129f based on the experience that most K3s adjust status rather than obtain an immigrant visa. And now that both petitions being processed at the same service center, either Vermont or California, the right hand knows what the left hand is doing.

Yodrak

Hello Guys,

What if the I-130 and I-129F are approved at the same time and we want to pursue the K3 since it's still the fastest route as i've noticed in here, could we just abandon the whole I-130 process (sending fees and forms to NVC)? or should we really do the whole I-130 process as well?

Thanks so much for any info.

Juvy

Yodrak,

Thanks so much for the reply.. so does this means that I can't get a K3 visa without having to do the whole I-130 process as well?

I was thinking that the 2 petitions (I-130 and I-129F) are 2 separate ballgames, and the only connection with these 2 with regards to filing a K3 visa is that you have to file an I-130 first before you can file an I-129F..and if these 2 are approved, you have the option to pursue either one and totally abandon the other.

What if i would prefer to have the K3 and have an AOS in the US, what will happen to the approved I-130 then?

What is the purpose of paying all those fees and having all those docs to process the I-130 for the IR1/CR1 visa when one prefers to have the other visa (K3) and will file an AOS in the US?

Shall we pay another fees again when we apply for an AOS or USCIS will consider the fees we shall be paying during the I-130 process?

I know it is too early yet to get confused on things since we still don't have an approval for either one yet but it's better to be equipped with knowledge firsthand.. again, thank you so much for sharing your ideas..i've learned

a lot of things from VJ and i'm hoping to learn more.

Juvy

[Yodrak 7]

Juvy,

What do you mean by "the whole I-130 process"?

You were thinking pretty much correctly. You do still have a choice of pursuing a K3 visa or an immigrant visa. Except that now the USCIS is going to presume that you want the K3, unless you specifically tell them you want the immigrant visa.

I already told you what is going to happen if you want the K3 visa with AOS in the USA. This is what the USCIS now assumes you want to do and so they will hold the approved I-130 petition and wait for you to apply to adjust status. There will be no fees to pay for immigrant visa processing.

Yodrak

Juvy,

These days you will most likely have to pay money to continue with the immigrant visa process if the I-129f and I-130 are approved at the same time. The USCIS is holding on to the approved I-130, not sending it to the NVC, if there is an approved I-129f based on the experience that most K3s adjust status rather than obtain an immigrant visa. And now that both petitions being processed at the same service center, either Vermont or California, the right hand knows what the left hand is doing.

Yodrak

Hello Guys,

What if the I-130 and I-129F are approved at the same time and we want to pursue the K3 since it's still the fastest route as i've noticed in here, could we just abandon the whole I-130 process (sending fees and forms to NVC)? or should we really do the whole I-130 process as well?

Thanks so much for any info.

Juvy

Yodrak,

Thanks so much for the reply.. so does this means that I can't get a K3 visa without having to do the whole I-130 process as well?

I was thinking that the 2 petitions (I-130 and I-129F) are 2 separate ballgames, and the only connection with these 2 with regards to filing a K3 visa is that you have to file an I-130 first before you can file an I-129F..and if these 2 are approved, you have the option to pursue either one and totally abandon the other.

What if i would prefer to have the K3 and have an AOS in the US, what will happen to the approved I-130 then?

What is the purpose of paying all those fees and having all those docs to process the I-130 for the IR1/CR1 visa when one prefers to have the other visa (K3) and will file an AOS in the US?

Shall we pay another fees again when we apply for an AOS or USCIS will consider the fees we shall be paying during the I-130 process?

I know it is too early yet to get confused on things since we still don't have an approval for either one yet but it's better to be equipped with knowledge firsthand.. again, thank you so much for sharing your ideas..i've learned

a lot of things from VJ and i'm hoping to learn more.

Juvy

[Yodrak 7]

riblet,

You are continuing with improper, although common, language that underlies Juvy's confusion in the first place. Fees paid to the NVC are for immigrant visa processing. The only fee paid for I-130 processing is paid to the USCIS when the petition is submitted, and I-130 processing is complete when the USCIS approves the petition.

There is no one 'I-130 process'. An approved I-130 is the basis for either of 2 subsequent processes - an immigrant visa application or an adjustment of status application.

Yodrak

....

You definitely don't want to continue paying fees for the I130 at the NVC if you decide you are going to file for adjustment of status.

I hope this helps

Edited January 22, 2007 by Yodrak

[juvy&Scott 0]

riblet,

You are continuing with improper, although common, language that underlies Juvy's confusion in the first place. Fees paid to the NVC are for immigrant visa processing. The only fee paid for I-130 processing is paid to the USCIS when the petition is submitted, and I-130 processing is complete when the USCIS approves the petition.

There is no one 'I-130 process'. An approved I-130 is the basis for either of 2 subsequent processes - an immigrant visa application or an adjustment of status application.

Yodrak

....

You definitely don't want to continue paying fees for the I130 at the NVC if you decide you are going to file for adjustment of status.

I hope this helps

Guys,

Now, I'm enlightened!..Thank you so much for the inputs!

Riblet, thank you so much for sharing your ideas..yes it helps a lot!

Yodrak, thank you so much for explaining things in a manner that really eases my confusion.

God Bless!

Juvy