Can I cancel K3 and go for CR1/Green Card?

[Data Sheet 0]

Since I got both of I-129F and I-130 approved, Can I cancel my I-129F and go for I-130?

Or I-129F automatically get canceled once I-130 approved? Or I have to cancel it?

Please advise before NVC forward my I-129F.

Data Sheet

[Yodrak 7]

Data Sheet,

You will most likely have to notify the consulate that your spouse will not be pursuing a K3 visa. And submit a form I-824 to the USCIS to get them send the approved I-130 to the NVC.

Think carefully about your next step - you've already shot yourself in one foot by filing the I-129f petition then deciding you don't want the K3 visa. Withdrawing it at this point, when you will have to wait for I-824 to process in order to get the immigrant visa application started may be shooting off your other foot.

Yodrak

Since I got both of I-129F and I-130 approved, Can I cancel my I-129F and go for I-130?

Or I-129F automatically get canceled once I-130 approved? Or I have to cancel it?

Please advise before NVC forward my I-129F.

Data Sheet

[Data Sheet 0]

Hi Yodrak,

first of all let me thank you for clearing my point and you explained it nicely. I have a scenerio that is why I wanted to move with CR-1 as well. Actually my wife does not have her passport yet

There is something going on in Pakistan and she has to wait for her passport, So I was worried what if K3 gets there and she is not ready to submit her documents.

That is the reason I think I should let California Service Center know that please forward my I-130(by submitting I-824) to NVC, in this way if my wife will not have passport yet, I can call Consulate to tell them that we want to persue with I-130 and not K-3.

What you think of it? do you think I am doing the right thing to avoid any uncertanity? I donot mind paying $200 if it will save us in the later time.

Thanks for your input again!

Data Sheet

[pushbrk 12,898]

Data Sheet,

You will most likely have to notify the consulate that your spouse will not be pursuing a K3 visa. And submit a form I-824 to the USCIS to get them send the approved I-130 to the NVC.

Think carefully about your next step - you've already shot yourself in one foot by filing the I-129f petition then deciding you don't want the K3 visa. Withdrawing it at this point, when you will have to wait for I-824 to process in order to get the immigrant visa application started may be shooting off your other foot.

Yodrak

Since I got both of I-129F and I-130 approved, Can I cancel my I-129F and go for I-130?

Or I-129F automatically get canceled once I-130 approved? Or I have to cancel it?

Please advise before NVC forward my I-129F.

Data Sheet

Petition approval is an early step in the process. It doesn't mean a visa will be issued. If I were in your shoes, I would keep both horses running in the race. Let the K3 run. There is not penalty for doing so. To keep the CR1 in the race, you'll have to spur it along with an I-824 and 200 bucks. The best of both worlds is to get a K3 interview scheduled and then have the CR1 package show up in Islamabad before the interview takes place. Then the appointment becomes a CR1 interview and success means CR1 but earlier than a CR1 interview could have been scheduled.

The reason this strategy works is that the K3 visa is issued when a CR1 or IR1 is not immediately available. By definition, you CR1 petition's arrival at the Embassy or Consulate means the CR or IR visa is immediately available, so a K3 cannot be issued. The interview becomes a CR or IR interview by law.

Edited April 13, 2007 by pushbrk

[Data Sheet 0]

Petition approval is an early step in the process. It doesn't mean a visa will be issued. If I were in your shoes, I would keep both horses running in the race. Let the K3 run. There is not penalty for doing so. To keep the CR1 in the race, you'll have to spur it along with an I-824 and 200 bucks. The best of both worlds is to get a K3 interview scheduled and then have the CR1 package show up in Islamabad before the interview takes place. Then the appointment becomes a CR1 interview and success means CR1 but earlier than a CR1 interview could have been scheduled.

Hi pushbrk,

I was hoping you will reply to my post since I have seen your posts regarding this matter and it seems that you are very well knowledged about this issue.

YES, I am going to have both HORSES running in the race

I am going to file form I-824.

I have couple of questions though,

Q1. At the beggining when I filed my I-130 , I filed in Texas Service Center but it then moved to California Service Center and it got approved from California Service Center, do I need to send I-824 to California Service Center (They have mentioned their address at the bottom of NOA1 and NOA2)?

Q2. If I file I-824 and NVC get my CR-1, are they going to cancel my K-3 process? I hope not because that is the only way I will be having two HORSES in the race

Thanks again for the freedback and thank to Yodrick as well.

Data Sheet

[waiting4s 0]

If your wife has her CNIC she should be able to get her passport within six days by paying the expedited fee for it. My wife got hers in six days in karachi. Do not know where your wife is located. You also need to visit the islamabad thread here it has tons of info on what goes on after the approval.

[MissStacey 1]

If your wife has her CNIC she should be able to get her passport within six days by paying the expedited fee for it. My wife got hers in six days in karachi. Do not know where your wife is located. You also need to visit the islamabad thread here it has tons of info on what goes on after the approval.

I would look into that.

As for the I 824- keep in mind that the I 824 alone could take 6 months to process. We filed an I 824 in November and have heard nothing about it since. That is the reason we filed a K3.

[pushbrk 12,898]

Hi pushbrk,

I was hoping you will reply to my post since I have seen your posts regarding this matter and it seems that you are very well knowledged about this issue.

YES, I am going to have both HORSES running in the race

I am going to file form I-824.

I have couple of questions though,

Q1. At the beggining when I filed my I-130 , I filed in Texas Service Center but it then moved to California Service Center and it got approved from California Service Center, do I need to send I-824 to California Service Center (They have mentioned their address at the bottom of NOA1 and NOA2)?

Q2. If I file I-824 and NVC get my CR-1, are they going to cancel my K-3 process? I hope not because that is the only way I will be having two HORSES in the race

Thanks again for the freedback and thank to Yodrick as well.

Data Sheet

No, they will not cancel your K3 process. This I-824 to keep the CR1 going is such a new procedure, I'm not sure anybody really knows how long it will take, so keeping the K3 running is very important. It will run until you specifically ask that it stop or the CR1 is issued to replace it. Don't do anything to stop it.

I don't know where you should file the I-824. Consult the instructions.

Edited April 13, 2007 by pushbrk

[alongjourney 0]

Data Sheet,

You will most likely have to notify the consulate that your spouse will not be pursuing a K3 visa. And submit a form I-824 to the USCIS to get them send the approved I-130 to the NVC.

Think carefully about your next step - you've already shot yourself in one foot by filing the I-129f petition then deciding you don't want the K3 visa. Withdrawing it at this point, when you will have to wait for I-824 to process in order to get the immigrant visa application started may be shooting off your other foot.

Yodrak

Since I got both of I-129F and I-130 approved, Can I cancel my I-129F and go for I-130?

Or I-129F automatically get canceled once I-130 approved? Or I have to cancel it?

Please advise before NVC forward my I-129F.

Data Sheet

Petition approval is an early step in the process. It doesn't mean a visa will be issued. If I were in your shoes, I would keep both horses running in the race. Let the K3 run. There is not penalty for doing so. To keep the CR1 in the race, you'll have to spur it along with an I-824 and 200 bucks. The best of both worlds is to get a K3 interview scheduled and then have the CR1 package show up in Islamabad before the interview takes place. Then the appointment becomes a CR1 interview and success means CR1 but earlier than a CR1 interview could have been scheduled.

The reason this strategy works is that the K3 visa is issued when a CR1 or IR1 is not immediately available. By definition, you CR1 petition's arrival at the Embassy or Consulate means the CR or IR visa is immediately available, so a K3 cannot be issued. The interview becomes a CR or IR interview by law.

So this means that even if we are not yet invited for an CR1 interveiw or have not yet received any packets from the embassy/consulate, as long as the CR1 package has ARRIVED AT THE EMBASSY from NVC then it should count as a CR1 interview, correct?

How do we know that the CR1 application is already at the embassy/consulate, and how do we make sure that the interview originally scheduled as a K-3 interview will be counted as the CR interview? Is there a source (a website with relevant laws/policies) that I can show the embassy to make sure that they make it count as the CR1 interview (that I can print out and show the embassy staff)? Or is it such a common knowledge that you're pretty sure that this would happen?

[aliyu 0]

Since I got both of I-129F and I-130 approved, Can I cancel my I-129F and go for I-130?

Or I-129F automatically get canceled once I-130 approved? Or I have to cancel it?

Please advise before NVC forward my I-129F.

Data Sheet

hello/ do not cancel anything let everything take its place just because both got approved dont mean you will have your spouse over as soon as the I-130 is finish once nvc complete I-130 then they schedule his or hers interview

that when it becomes long waiting because they can not give you a date nor time when it will happen and if the k-3 is still actived then the embassy from his country might send him packet 3&4 a interview date for the k-3 visa. Thank God, I didnt abandon my k-3. everyone else case was completed. mines was completed on march 8th, 2007 still no interview date set for him depending how busy his or hers embassy is it can take up to 7 to 9 months for a interview date but he was sent k-3 packet with a date for interview on may 21st, 2007 we are going for the k-3 now if he get an appointment for the I-130 before may 21st then he will go to it, but way it seems now most likely he wont so he'll come over on a nonimmigrant visa and change aos once he gets here so just let nature take its course. ok good luck.

[pushbrk 12,898]

Data Sheet,

You will most likely have to notify the consulate that your spouse will not be pursuing a K3 visa. And submit a form I-824 to the USCIS to get them send the approved I-130 to the NVC.

Think carefully about your next step - you've already shot yourself in one foot by filing the I-129f petition then deciding you don't want the K3 visa. Withdrawing it at this point, when you will have to wait for I-824 to process in order to get the immigrant visa application started may be shooting off your other foot.

Yodrak

Since I got both of I-129F and I-130 approved, Can I cancel my I-129F and go for I-130?

Or I-129F automatically get canceled once I-130 approved? Or I have to cancel it?

Please advise before NVC forward my I-129F.

Data Sheet

Petition approval is an early step in the process. It doesn't mean a visa will be issued. If I were in your shoes, I would keep both horses running in the race. Let the K3 run. There is not penalty for doing so. To keep the CR1 in the race, you'll have to spur it along with an I-824 and 200 bucks. The best of both worlds is to get a K3 interview scheduled and then have the CR1 package show up in Islamabad before the interview takes place. Then the appointment becomes a CR1 interview and success means CR1 but earlier than a CR1 interview could have been scheduled.

The reason this strategy works is that the K3 visa is issued when a CR1 or IR1 is not immediately available. By definition, you CR1 petition's arrival at the Embassy or Consulate means the CR or IR visa is immediately available, so a K3 cannot be issued. The interview becomes a CR or IR interview by law.

So this means that even if we are not yet invited for an CR1 interveiw or have not yet received any packets from the embassy/consulate, as long as the CR1 package has ARRIVED AT THE EMBASSY from NVC then it should count as a CR1 interview, correct?

How do we know that the CR1 application is already at the embassy/consulate, and how do we make sure that the interview originally scheduled as a K-3 interview will be counted as the CR interview? Is there a source (a website with relevant laws/policies) that I can show the embassy to make sure that they make it count as the CR1 interview (that I can print out and show the embassy staff)? Or is it such a common knowledge that you're pretty sure that this would happen?

Just keep tracking your case. You can call NVC at 603.334.0700-1-5. You'll know when they have completed the case and sent it on to the Embassy or Consulate. Then you can call DOS at 202.663.1225 1-0-0

to find out if the case has arrived. When the case leaves NVC, DOS computers should show the status as "loaded". When the case arrives and is logged in, the status changes to "open". As soon as you know the case has arrived and status is, "open" (assuming you have a K3 interview scheduled by then) you can contact the Embassy and make sure they know your CR1 case has arrived. They'll handle the rest.