Help on form I-129F for K-3 Visa

[OSO 29]

HI TO ALL MEMBERS

HERE IS MY STORY:

I BROUGHT MY FIANCE WITH A K-1 VISA (I-129F) THAT WAS APPROVED IN SEP 2013.
WE MARRIED ON JAN 2014 HERE IN US, I SUBMITTED FORMS AND ALL SUPPORT DOCUMENTS FOR EMPLOYMENT AUTHORIZATION (I-765) AND ADJUST OF STATUS (I-485) ON APRIL 2014.
WE USED FOR HER LAST NAME THE PETITIONER'S LAST NAME ON FILLED FORMS.
SHE WENT FOR FINGER PRINTS ON JUNE.

THIS PAST JULY WE GOT HER EMPLOYMENT CARD IN THE MAIL.
YESTERDAY I GOT IN THE MAIL A USCIS LETTER STATING (Notice of Potential Interview Waiver Case).

SHE HAD AN FAMILY EMERGENCY ON HER COUNTRY AND DECIDED TO GO, THAT WAS AT THE END OF JULY WHILE DOCUMENETS WERE IN PROCCESS, (in legal terms she abandoned her case due to her trip without advance parole). WE NEVER REQUEST ONE BEFORE.

WE DECIDED TO START FROM SCRACTH AGAIN: THIS PAST WEEK I FILLED AND SENT FORMS I-130, G-325A, SUPPORT DOCUMENTS AND FEE.

FOR HER LAST NAME I USED MY LAST NAME (PETITIONER) SINCE WE WERE MARRIED AND HAVE THE CERTIFICATE, IT WAS INCLUDED AS PART OF SUPPORT DOCUMENTS IN THE PACKAGE.

WHILE FORM I-130 REACH PROCCESSING CENTER AND I GET THE CONFIRMATION IN THE MAIL, I’M WORKING ON I-129F FORM TO REQUEST A K-3 VISA FOR HER, BUT I-129F LEAD ME TO FEW QUESTIONS AS FOLLOWS:

1- PART 1: INFORMATION ABOUT YOU: QUESTION 14.B: "FAMILY NAME LAST NAME": SHOULD I USE HER LAST NAME AS SHE APPEARS ON THE FIRST 129F? OR PETITIONER's LAST NAME.

2- PART 2: INFORMATION ABOUT YOUR ALIEN FIANCÉ(e): QUESTION 2.A "FAMILY NAME": SHOULD I USE HER LAST NAME OR PETITIONER'S.

3- PART 2: INFORMATION ABOUT YOUR ALIEN FIANCÉ(e): QUESTION 10.A "OTHER NAMES USED": SHOULD I USE HER LAST NAME OR PETITIONER'S.

3- PART 2: INFORMATION ABOUT YOUR ALIEN FIANCÉ(e): QUESTION: 34.a."DESCRIBE THE CIRCUMSTANCES UNDER WHICH YOU MET". this applies to K3 or not?

4- PART 3: OTHER INFORMATION: QUESTION 4: INDICATE WHICH WAIVER APPLIES", OUR FIRST I-129F WAS APPROVED ON SEP 2013 WHEN SHE CAME AS MY FIANCÉ.

Thank you all in advance for the time and help with this!
regards,

[NikLR 13,227]

Honestly don't bother with the k3. It's very rare and doesn't speed up the petition.

[OSO 29]

Honestly don't bother with the k3. It's very rare and doesn't speed up the petition.

Hi NLR, thank you for your reply and advise!!

My wife got a call form the embassy in Bogota Colombia, as per an advise from somebody else we had mailed them a request, if it was possible to get a special visa for her to return without doing anything else.

So the folks at the Embassy contact her in Colombia and told her that our request was not possible, we have to start again, so also they said to go with the I-130 + I-129F path to get K-3 visa which is the quickest way for her to come back instead of waiting there and she can adjust her status here.

I did confirm on my end with USCIS customer service, they told me the same information after I explained our situation.

So, since the I-129F is free of charge in our case, I just decided to have it ready before NOA1 (I-797C) from I-130 arrives, and mail it as soon I get the receipt confirming that is in process.

This whole thing brings me back to the top of the topic again, if anyone here from VJ can help me with the questions, I will appreciate your guidance.

Kindly regards,

[NikLR 13,227]

If you look through the forums you'll see that K3 are not quicker. It may shave off some time at the NVC stage IF you happen to be allowed to continue on the K3 path at that point. 0.03% chance of that happening FYI.

How this works is: the I-130 and the I-129F will be joined at the USCIS. The I-130 is moved out of line and placed with the I-129F further down. This actually means you take a new place in line, at a later date. Most often they are approved at the same time (90% of the time I'd say.) Then they are sent to the NVC for DOS case numbers.

The NVC will close the I-129F and the K3 visa path because it creates more unnecessary work load for them and they get more money from the IR1. So then you have no choice but to follow the IR1 path.

Also just to note the K3 is the most expensive route of all. It's twice the money as the IR1 and takes almost twice as long to get a green card because the beneficiary must then AOS within the USA.

BUT

If you want to despite all that information that the USCIS isn't telling you because you called the "misinformation line":

As per all your questions about her last name - use her legal last name. Generally speaking what appears on her passport. For other last names you tell them any other married names or her maiden name if she is using her married name. (or you give them her married name if she isn't using it.) No matter what you use, the visa, if issued, will be in passport name.

Answer how you met.

4 part 4.. she's isn't on a waiver the answer is ~none~

[OSO 29]

If you look through the forums you'll see that K3 are not quicker. It may shave off some time at the NVC stage IF you happen to be allowed to continue on the K3 path at that point. 0.03% chance of that happening FYI.

How this works is: the I-130 and the I-129F will be joined at the USCIS. The I-130 is moved out of line and placed with the I-129F further down. This actually means you take a new place in line, at a later date. Most often they are approved at the same time (90% of the time I'd say.) Then they are sent to the NVC for DOS case numbers.

The NVC will close the I-129F and the K3 visa path because it creates more unnecessary work load for them and they get more money from the IR1. So then you have no choice but to follow the IR1 path.

Also just to note the K3 is the most expensive route of all. It's twice the money as the IR1 and takes almost twice as long to get a green card because the beneficiary must then AOS within the USA.

BUT

If you want to despite all that information that the USCIS isn't telling you because you called the "misinformation line":

As per all your questions about her last name - use her legal last name. Generally speaking what appears on her passport. For other last names you tell them any other married names or her maiden name if she is using her married name. (or you give them her married name if she isn't using it.) No matter what you use, the visa, if issued, will be in passport name.

Answer how you met.

4 part 4.. she's isn't on a waiver the answer is ~none~

NLR................ thank you very, very much for the information, regards!

[NikLR 13,227]

You're welcome. Best of luck!

[imegyptchun 1]

I disagree with the statement that the K3 is not quicker. It was ABSOLUTELY quicker in my wife's case. She received her K3 Visa in hand 8/24/14, Her i-130 is still at NVC and would likely be at least another 2 months in NVC and then 3-5 months waiting for an appointment at the embassy.

So it saved us at least 5 months if not more.

Don't let anyone tell you not to pursue it, it costs nothing extra to file. Yes it may be rare, but some people like us are lucky enough to have been granted the k3.

[belinda63 3,038]

I am glad the K-3 worked for you and was faster.

To clarify on something you are correct it does not cost anymore than the CR-1 route to FILE. But when your wife arrives you will have to file to adjust status which will be another $1070 and your wife will not be able to work until she receives her employment authorization. So in the long run the K-3 cost a lot more than the CR-1. It is a question of how much you are willing to spend versus how much time you are willing to spend apart, and the K-3 is usually not any faster than the CR-1.

[Tavotevi 9]

If you look through the forums you'll see that K3 are not quicker. It may shave off some time at the NVC stage IF you happen to be allowed to continue on the K3 path at that point. 0.03% chance of that happening FYI.

How this works is: the I-130 and the I-129F will be joined at the USCIS. The I-130 is moved out of line and placed with the I-129F further down. This actually means you take a new place in line, at a later date. Most often they are approved at the same time (90% of the time I'd say.) Then they are sent to the NVC for DOS case numbers.

The NVC will close the I-129F and the K3 visa path because it creates more unnecessary work load for them and they get more money from the IR1. So then you have no choice but to follow the IR1 path.

Also just to note the K3 is the most expensive route of all. It's twice the money as the IR1 and takes almost twice as long to get a green card because the beneficiary must then AOS within the USA.

BUT

If you want to despite all that information that the USCIS isn't telling you because you called the "misinformation line":

As per all your questions about her last name - use her legal last name. Generally speaking what appears on her passport. For other last names you tell them any other married names or her maiden name if she is using her married name. (or you give them her married name if she isn't using it.) No matter what you use, the visa, if issued, will be in passport name.

Answer how you met.

4 part 4.. she's isn't on a waiver the answer is ~none~

Hello, regarding the k3, i was excited because i was at 5 months with my 130, but you mentioned i most likely went back when they received my 129f, should i add another month to my processing time... In my expectations of course,