Filing a K-3 through an foreign embassy DCF info please

[captainButch 0]

I am one of the one who got caught in the "DCF no longer processing I-130's net". We were married in August and I filed for DCF for a on January 8th in Nicaragua. Everything was approved in 2 weeks and a date for the final interview set, January 25. When we came in for the final interview we were told everything, all the forms, I-864, DS-256 and so on, was all sent to USCIS due to the Adam Walsh Act. We have no idea how long this is going to take.

What I need to know is this: Can I file for a K-3 since they already sent the I-130 to the states and have the K-3 process at the Embassy as a Non Immigration Visa? A DCF for K-3 if you will. I think if I was able to have the Embassy process the K-3 it would go a lot faster. Can the Embassy do that and I can have it approved in days or, do they have to send it to USCIS where it will take months?

I am a US Citizen and a Nicaraguan Resident and I own a home in the states I am trying to get us back to the States as fast as I can. If anyone can help us I with information it would be greatly appreciated

CaptainButch

[Yodrak 7]

CaptainButch,

I-129f petitions can only be submitted to a USCIS Service Center in the USA. In the case of I-129f for a spouse that would be the NBC, which will then send the petition to either the CSC or the VSC.

Yodrak

I am one of the one who got caught in the "DCF no longer processing I-130's net". We were married in August and I filed for DCF for a on January 8th in Nicaragua. Everything was approved in 2 weeks and a date for the final interview set, January 25. When we came in for the final interview we were told everything, all the forms, I-864, DS-256 and so on, was all sent to USCIS due to the Adam Walsh Act. We have no idea how long this is going to take.

What I need to know is this: Can I file for a K-3 since they already sent the I-130 to the states and have the K-3 process at the Embassy as a Non Immigration Visa? A DCF for K-3 if you will. I think if I was able to have the Embassy process the K-3 it would go a lot faster. Can the Embassy do that and I can have it approved in days or, do they have to send it to USCIS where it will take months?

I am a US Citizen and a Nicaraguan Resident and I own a home in the states I am trying to get us back to the States as fast as I can. If anyone can help us I with information it would be greatly appreciated

CaptainButch

[meauxna 15]

What I need to know is this: Can I file for a K-3 since they already sent the I-130 to the states and have the K-3 process at the Embassy as a Non Immigration Visa? A DCF for K-3 if you will. I think if I was able to have the Embassy process the K-3 it would go a lot faster. Can the Embassy do that and I can have it approved in days or, do they have to send it to USCIS where it will take months?

No. If you follow the DCF conversation at all, you know that I-129s have *never* been accepted at Consulates, and that Consulates are no completely forbidden from accepting OR adjudicating immigrant petitions.

No one yet knows what is going to happen to I-130 petitions in situations like yours. If I were in your shoes, I would wait another week before trying to do anything; a process will be revealed shortly--I am confident of that.

There is nothing keeping you from returning to the US right now. Your petition is in the works and you are not required to attend the visa interview. As for filing an I-129f now, I don't know what proof you have of filing the I-130 (perhaps a payment receipt?) and if that would be processed normally at the NBC/SC or if it will grind to a halt because they do not recognize the I-130 receipt.

[captainButch 0]

CaptainButch, I want to thank both YODRAK & MEAUXNA for your help. This was my first post asking for information and i just joined VisaJourney a few days ago. i haven't had a chance to read everything on this site yet and i was in a hurry for information. I had hoped that I would have been able to leave Nicaragua this week with my wife. But they moved the goal post on me and kept me from scoring a touch down. My sister is dying from cancer and she only has a few more days to live. I wanted to bring my wife with me to meet her and the rest of the family before it was too late. now, I was looking for a fast way to get out of here with my wife when I asked about getting a K-3 visa process at the embassy here. Now it looks like I'll have to go back to the States alone for a short visit. I have to come back to Nicaragua, I'm an artist and I have some commissions to fulfill before we can leave for good. And besides that, my house in the States is rented out.

I have no idea how long this is going to take, at the embassy they said everything was approved, and maybe because of that, it won't be too long of a wait. Originally we were not going to leave until April, that is before my sisters condition got worse. And with luck, maybe we can still be out of here by April. But what if we can't?

When I go back to the States in a few days, I think I am going to file another I-130 and go the K-3 visa route along with the IR-1/CR-1 visa that I just applied for, just to be sure. I'm reading timeline of people waiting 9 months or more and it scares me. This way, sooner or later, one of the visa's I applied for will kick in and we can leave. The people who made these changes and they way they did it, have no idea of the hardships they have created for people who have never been accused, must less convicted of the crimes they are trying to prevent. This whole Adam Walsh thing is starting to smack of McCarthyism.

But again thanks for your help and information, I think this site is great and I'll start reading the threads before witting for information.

CaptainButch

I-129f petitions can only be submitted to a USCIS Service Center in the USA. In the case of I-129f for a spouse that would be the NBC, which will then send the petition to either the CSC or the VSC.

Yodrak

I am one of the one who got caught in the "DCF no longer processing I-130's net". We were married in August and I filed for DCF for a on January 8th in Nicaragua. Everything was approved in 2 weeks and a date for the final interview set, January 25. When we came in for the final interview we were told everything, all the forms, I-864, DS-256 and so on, was all sent to USCIS due to the Adam Walsh Act. We have no idea how long this is going to take.

What I need to know is this: Can I file for a K-3 since they already sent the I-130 to the states and have the K-3 process at the Embassy as a Non Immigration Visa? A DCF for K-3 if you will. I think if I was able to have the Embassy process the K-3 it would go a lot faster. Can the Embassy do that and I can have it approved in days or, do they have to send it to USCIS where it will take months?

I am a US Citizen and a Nicaraguan Resident and I own a home in the states I am trying to get us back to the States as fast as I can. If anyone can help us I with information it would be greatly appreciated

CaptainButch