cancel K3..?

[soni1952 0]

Hi all,

I have just started out immigration process for my wife (india) and received NOA1 for I130 and NOA1 for I129F(for K3). Now from what I have seen, is that there is not much difference in timelines for K3 vs CR1. Before going thru the timelines, I was under impression K3 will be done 3-5 months but that doesn't seem to be the case. But I guess, I wanna take CR1 route only..if not then I'll have to do I824 or AOS here..neways my question is, can you cancel your application for K3 after you have received NOA1 and its in the middle of the process.?? has anybody done this..? any thoughts/suggestions will be great!!!!!! thanks..

[milimelo 4,481]

Hi all,

I have just started out immigration process for my wife (india) and received NOA1 for I130 and NOA1 for I129F(for K3). Now from what I have seen, is that there is not much difference in timelines for K3 vs CR1. Before going thru the timelines, I was under impression K3 will be done 3-5 months but that doesn't seem to be the case. But I guess, I wanna take CR1 route only..if not then I'll have to do I824 or AOS here..neways my question is, can you cancel your application for K3 after you have received NOA1 and its in the middle of the process.?? has anybody done this..? any thoughts/suggestions will be great!!!!!! thanks..

I would guess you could do this but just to be sure why don't you call the USCIS and talk to someone there? I hope someone from VJ who has gone through this will be able to give you the info you need.

Good luck!

[garyandkris 0]

There isn't much of a time difference between the processing of I-129F and I-130 petitions. After approval, however, the I-130/CR1 spends a couple months at NVC while the I-129F/K-3 typically spends a week or so there before it's sent to the foreign embassy.

Since you've already applied and paid for both, you might as well see how processing goes. I have a suspicion that I-130's are approved a bit faster when the petitioner has also filed an I-129F, and the two now usually receive approval at the same time. You can choose to abandon the K-3 process after approval, if you want, and pursue the CR1 then.

A lot of people have been receiving notices lately that USCIS is holding on to their approved I-130 because they also have an approved I-129F. It's assumed they will follow the K-3 route. Oddly enough, both our approved petitions were sent to the NVC. I haven't received anything from the NVC yet regarding the CR1, so I'm not really sure what they're doing with it. We're sticking with the K-3, though, as we've decided the hassle of AOS is worth us being reunited a few months earlier.

[riblet 0]

Two things,

First, garyandkris - I think you've perhaps overstated your point regarding retention. I would not tell anyone at this point that they can choose if they want to pursue the CR1 once the two petitions are approved. According to the policy this will not be true, and at this point you don't actually know if yours even was an exception to the policy until your petition actually gets to NVC. I don't mean to be rude - I just think it's important for people to know that if they file both, in all likelihood the I130 will be retained.

Second, I would be worried about confusing USCIS by cancelling, but I'm just paranoid. I'm afraid that this is something that ideally should have been considered before filing if you really just wanted the CR1.

Good luck whatever you decide!

[Robor007 0]

Just adding that our recently approved I-130 was retained at the California Service Center. Of course I wouldn't know that if I didn't get the I-197 for the NOA2 in the mail. It's been 3 weeks and our online status for the I-130 still says it's pending at the CSC.

[garyandkris 0]

Two things,

First, garyandkris - I think you've perhaps overstated your point regarding retention. I would not tell anyone at this point that they can choose if they want to pursue the CR1 once the two petitions are approved. According to the policy this will not be true, and at this point you don't actually know if yours even was an exception to the policy until your petition actually gets to NVC. I don't mean to be rude - I just think it's important for people to know that if they file both, in all likelihood the I130 will be retained.

You're not being rude. When the petition is retained, I thought they could still pursue the CR1 by filing Form I-824 with the service center that approved the application:

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the

NVC

.

http://www.visajourney.com/forums/index.php?showtopic=42061

As I said, I've no idea what the NVC is doing with our I-130. I just thought it was odd that it was sent on when most others' have been retained at the service centers. I'm assuming NVC will retain it, but who knows.

I really hope they phase out the need to file an I-130 before filing an I-129F soon as it would lead to much less confusion for everyone.

[misa 2]

Technically they can pursue it still by filing form I-824... the problem is that the people who have filed it that are on VJ have heard nothing yet about their I-130 being forwarded. That is, NVC still doesn't have it.

[CutienPurg 0]

You're not being rude. When the petition is retained, I thought they could still pursue the CR1 by filing Form I-824 with the service center that approved the application:

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the

NVC

.

http://www.visajourney.com/forums/index.php?showtopic=42061

As I said, I've no idea what the NVC is doing with our I-130. I just thought it was odd that it was sent on when most others' have been retained at the service centers. I'm assuming NVC will retain it, but who knows.

I really hope they phase out the need to file an I-130 before filing an I-129F soon as it would lead to much less confusion for everyone.

You absolutely do have the right to file an I-824 in the event your I-130 is retained by the USCIS.........something significant you may not have realized is your I-130 will not be forwarded to the NVC until your I-824 has been approved, which potentially can take another 6 months. Another thing, you will be required to pay $200.00 to file that form.......

Good Luck whatever you decide

[garyandkris 0]

You absolutely do have the right to file an I-824 in the event your I-130 is retained by the USCIS.........something significant you may not have realized is your I-130 will not be forwarded to the NVC until your I-824 has been approved, which potentially can take another 6 months. Another thing, you will be required to pay $200.00 to file that form.......

Good Luck whatever you decide

6 months? That's insane, but I suppose I shouldn't be surprised. I didn't know it might take that long. I made some bad assumptions regarding the I-184. I'm sorry for making it sound as if the OP could easily take the CR1 path later, as I know see this is not so. It's an option, but it seems like a poor and lengthy option at present.

This process is barking mad at times.

[CutienPurg 0]

6 months? That's insane, but I suppose I shouldn't be surprised. I didn't know it might take that long. I made some bad assumptions regarding the I-184. I'm sorry for making it sound as if the OP could easily take the CR1 path later, as I know see this is not so. It's an option, but it seems like a poor and lengthy option at present.

This process is barking mad at times.

Your assumptions weren't too far off.........it's just recently that the USCIS has removed the " 2 dogs in the fight " option from everyone.........well at the very least they made it not quite so desirable. You're absolutely right.......it really seems to be a poor option and this process is ridiculously frustrating at times. If your not on nerve pills when ya start , you will be by the time its over.

Regarding the time line on the I-824......Riblet has kept an eye on those and she has yet to report seeing evidence of anyone getting that form approved.........6 months isn't carved in stone anywhere( I just wanted to qualify that).

[riblet 0]

FYI:

In my tracking thread the first I824 I've seen has been approved, it took 2 months. Of course, who knows how long other ones will take, but it's something. But 2 months is long enough to make it not really worth while for a lot of people to file.

Edited March 1, 2007 by riblet