I130 and I129 for K3

[jigshafel 0]

Hi everyone. I haven't updated my status but I will soon. I sent in my I130 and after receiving the NOA1, sent in my application for the K3 visa. I have a couple of questions:

1) I've read in numerous threads before (which I can't seem to find anymore to refer to). Is it true that once my application for K3 is received USCIS will not proceed with adjudicating or processing my I130 petition? How can I verify this other than looking at the timeline?

2) If that's the case, what can I do to have USCIS continue the process for I130?

Thanks in advance for all the help.

[CutienPurg 0]

The likeliest scenario will be that once your petition for the K-3 is received, both the I-130 petition and the I-129F will be sent to the same service center to be processed together. More than likely they will also be approved together. Once they are approved, unless you clearly indicated that you wish for consular processing of the I-130, the USCIS will retain the I-130 petition and it will be held at the National Benefits Center(until AOS), the I-129F will be forwarded to the NVC and then on to the appropriate consulate/embassy for K-3 processing. If you decide you would like consular processing of the I-130 after approval, resulting in a CR-1 visa AND you discover it has been retained , you may then file an I-824 requesting your approved petition be forwarded to the NVC. The I-824 comes with a cost of $200.00 and an unknown wait time for processing. It is only after receiving an approval on the I-824 that you may proceed with consular processing of the I-130.

I want to emphasize that this is the likeliest scenario based on the information Ive seen on this board. Nothing is 100%. To specifically answer your question; no , the I-130 petition process will not be stopped at the USCIS level. It will go through the USCIS and either be approved or denied.

The I-130 is simply a petition that allows (or denies)you permission to have your foreign spouse apply for a visa. Kinda like with my kids......they have to ask me permission to invite a friend over, once they have my permission ,then their friend can ask their parent for permission. Without permission from both parents then the kid isn't coming over.