Can I abandon K3?

[waiting4ever 0]

I had my I-130 approved yesterday. However, I still a long while while to go until by I129 gets approved. Is there anyway I can just stop the K3 process and go ahead with CR-1/IR-1? Or am I stuck with K3 since I filed I-129F? thanks

[Yodrak 7]

singh77,

You can write to the Service Center that is processing your I-129f petition and withdraw it, if that's what you want to do.

Yodrak

I had my I-130 approved yesterday. However, I still a long while while to go until by I129 gets approved. Is there anyway I can just stop the K3 process and go ahead with CR-1/IR-1? Or am I stuck with K3 since I filed I-129F? thanks

[YuAndDan 153]

Since last fall some time USCIS has begun the practice of holding approved I-130s when an I-129F is filed for the K-3 they make the assumption that the petitioner and beneficiary will use the K-3 and adjust status in the USA and hold the CR-1 petition. You may have to file I-824 to get them to send the approved I-130 on to NVC.

Application for Action on an Approved Application or Petition

[MissStacey 1]

If you choose to file an I 824- keep in mind how long that alone will take to process. At least 6 months. We filed one in November and have heard nothing about it. That was the reason we filed for a K3. We have no problem with doing the EAD and AOS after my return on a K3.

[pushbrk 12,908]

Since last fall some time USCIS has begun the practice of holding approved I-130s when an I-129F is filed for the K-3 they make the assumption that the petitioner and beneficiary will use the K-3 and adjust status in the USA and hold the CR-1 petition. You may have to file I-824 to get them to send the approved I-130 on to NVC.

Application for Action on an Approved Application or Petition

I wouldn't rock the boat. There is not enough information to conclude your I-130 will continue to process, if all you do is withdraw the I-129F. This is uncharted territory since the change last fall. You could shoot yourself in the foot. I would suggest the first step of determining whether your I-130 is being held at the service center or has moved on to the NVC for continued processing. It it has moved on, there is absolutely no need to do anything about the K3. It can't hurt you. If the I-130 is being held at the service center, you're in that uncharted territory.

[waiting4ever 0]

Since last fall some time USCIS has begun the practice of holding approved I-130s when an I-129F is filed for the K-3 they make the assumption that the petitioner and beneficiary will use the K-3 and adjust status in the USA and hold the CR-1 petition. You may have to file I-824 to get them to send the approved I-130 on to NVC.

Application for Action on an Approved Application or Petition

I wouldn't rock the boat. There is not enough information to conclude your I-130 will continue to process, if all you do is withdraw the I-129F. This is uncharted territory since the change last fall. You could shoot yourself in the foot. I would suggest the first step of determining whether your I-130 is being held at the service center or has moved on to the NVC for continued processing. It it has moved on, there is absolutely no need to do anything about the K3. It can't hurt you. If the I-130 is being held at the service center, you're in that uncharted territory.

Thanks for the information. I have a feeling that my I130 is going to be held at CSC until my I129 is approved. The reason is that my I129 was transfered to CSC the same day my I130 was approved. It maybe that my I129 will move faster since my I130 has been approved. I am not going to do anything right now. I think that I should just wait and see what happens in the near future.

[n2ojones 0]

In my exhaustive study of this forum, things can get a bit askewed...especially late-nite, but I thought I read somewhere that if a person has filed both the 129f and 130, and got an interview for the 129 (being the faster), they could contact the embassy and ask that the interview be changed to target the CR1.

Anyone know if this is standard...or did that particular poster just get very lucky?

[pushbrk 12,908]

In my exhaustive study of this forum, things can get a bit askewed...especially late-nite, but I thought I read somewhere that if a person has filed both the 129f and 130, and got an interview for the 129 (being the faster), they could contact the embassy and ask that the interview be changed to target the CR1.

Anyone know if this is standard...or did that particular poster just get very lucky?

You're correct, in theory but it's not that simple. Before the new policy instituted last fall, the CR1 and K3 would both run along at their own speed. As long as you kept spurring the CR1 through NVC, there was a possibility the CR1 paper file would arrive at the Embassy or Consulate before an already scheduled K3 interview had taken place. If so, the interview could be for CR1. It is still theoretically true that if the CR1 catches up in that way the same could happen. The problem is that the new policy makes the CR1 petition lay down for a Rip Van Winkle nap unless you file another form insisting it continue to move, pay the associated fee and wait nobody seems to have a clue how long before it actually starts moving again. This makes the chances move closer to none than the former slim.

[waiting4ever 0]

In my exhaustive study of this forum, things can get a bit askewed...especially late-nite, but I thought I read somewhere that if a person has filed both the 129f and 130, and got an interview for the 129 (being the faster), they could contact the embassy and ask that the interview be changed to target the CR1.

Anyone know if this is standard...or did that particular poster just get very lucky?

You're correct, in theory but it's not that simple. Before the new policy instituted last fall, the CR1 and K3 would both run along at their own speed. As long as you kept spurring the CR1 through NVC, there was a possibility the CR1 paper file would arrive at the Embassy or Consulate before an already scheduled K3 interview had taken place. If so, the interview could be for CR1. It is still theoretically true that if the CR1 catches up in that way the same could happen. The problem is that the new policy makes the CR1 petition lay down for a Rip Van Winkle nap unless you file another form insisting it continue to move, pay the associated fee and wait nobody seems to have a clue how long before it actually starts moving again. This makes the chances move closer to none than the former slim.

I just received the approval notice for I-130. It says that my petition has been sent to the National Visa Center. So does this mean that I do not have to worry about I-129 slowing down the process? And secondly, I have heard that I-129 goes through National Visa Center much faster than I-130. Is this true? And what is the typical amount of time that the I130 sits at NVC. Thanks in advance.

[pushbrk 12,908]

In my exhaustive study of this forum, things can get a bit askewed...especially late-nite, but I thought I read somewhere that if a person has filed both the 129f and 130, and got an interview for the 129 (being the faster), they could contact the embassy and ask that the interview be changed to target the CR1.

Anyone know if this is standard...or did that particular poster just get very lucky?

You're correct, in theory but it's not that simple. Before the new policy instituted last fall, the CR1 and K3 would both run along at their own speed. As long as you kept spurring the CR1 through NVC, there was a possibility the CR1 paper file would arrive at the Embassy or Consulate before an already scheduled K3 interview had taken place. If so, the interview could be for CR1. It is still theoretically true that if the CR1 catches up in that way the same could happen. The problem is that the new policy makes the CR1 petition lay down for a Rip Van Winkle nap unless you file another form insisting it continue to move, pay the associated fee and wait nobody seems to have a clue how long before it actually starts moving again. This makes the chances move closer to none than the former slim.

I just received the approval notice for I-130. It says that my petition has been sent to the National Visa Center. So does this mean that I do not have to worry about I-129 slowing down the process? And secondly, I have heard that I-129 goes through National Visa Center much faster than I-130. Is this true? And what is the typical amount of time that the I130 sits at NVC. Thanks in advance.

First, I suspect your NOA2 for the I-130 is just a form letter that hasn't been changed and that your petition is NOT going to NVC. Anyway, you can call NVC in a couple weeks to verify it. Even when your I-130 is at NVC, it just doesn't sit there. There is interaction with you and the beneficiary over a period around six months. There are shortcuts you can follow to speed up the steps of the NVC portion of the CR1 process. In any event, your I-129F is not going to slow down the process at this point. The fact that you filed it is supposed to mean your I-130 gets held at the service center.

[waiting4ever 0]

In my exhaustive study of this forum, things can get a bit askewed...especially late-nite, but I thought I read somewhere that if a person has filed both the 129f and 130, and got an interview for the 129 (being the faster), they could contact the embassy and ask that the interview be changed to target the CR1.

Anyone know if this is standard...or did that particular poster just get very lucky?

You're correct, in theory but it's not that simple. Before the new policy instituted last fall, the CR1 and K3 would both run along at their own speed. As long as you kept spurring the CR1 through NVC, there was a possibility the CR1 paper file would arrive at the Embassy or Consulate before an already scheduled K3 interview had taken place. If so, the interview could be for CR1. It is still theoretically true that if the CR1 catches up in that way the same could happen. The problem is that the new policy makes the CR1 petition lay down for a Rip Van Winkle nap unless you file another form insisting it continue to move, pay the associated fee and wait nobody seems to have a clue how long before it actually starts moving again. This makes the chances move closer to none than the former slim.

I just received the approval notice for I-130. It says that my petition has been sent to the National Visa Center. So does this mean that I do not have to worry about I-129 slowing down the process? And secondly, I have heard that I-129 goes through National Visa Center much faster than I-130. Is this true? And what is the typical amount of time that the I130 sits at NVC. Thanks in advance.

First, I suspect your NOA2 for the I-130 is just a form letter that hasn't been changed and that your petition is NOT going to NVC. Anyway, you can call NVC in a couple weeks to verify it. Even when your I-130 is at NVC, it just doesn't sit there. There is interaction with you and the beneficiary over a period around six months. There are shortcuts you can follow to speed up the steps of the NVC portion of the CR1 process. In any event, your I-129F is not going to slow down the process at this point. The fact that you filed it is supposed to mean your I-130 gets held at the service center.

pushbrk, thank you for the information. I just have one other question. The transfer notice for my I129F says that the USCIS has transfered the case to the CSC "in order to speed up processing". Is this the standard for every transfer notice? The NBC also transfered my I-129F the same day my I130 was approved. Do you think that they are going to approve my I129F faster since my I130 is approved already. Thank you very much.

[simple_male 1]

Yes, I agree. Simply write to MBC that you want to withdraw your I-129F petition, since your I-130 is approved already. You can send a I-129F NOA-1 photocopy with your letter.

singh77,

You can write to the Service Center that is processing your I-129f petition and withdraw it, if that's what you want to do.

Yodrak

I had my I-130 approved yesterday. However, I still a long while while to go until by I129 gets approved. Is there anyway I can just stop the K3 process and go ahead with CR-1/IR-1? Or am I stuck with K3 since I filed I-129F? thanks