Possibility of transferring the case

[macarons365 0]

My husband moved from Japan to Nevada last month, sent I130 and has just received NOA1.

I'm a bit discouraged that our case was received by Nebraska SC, not California SC which should be the jurisdiction of Nevada. 

I was planning to send I129F to apply for K3, but if it'll be also received by NSC, it seems useless since the processing time of I129F at NSC is not so different from that of I130. 

I'm thinking of sending I129F if there's any possibility that it'll be received by California SC because the processing time of I129F at CSC is much faster. 

Anyone, please advise. 

[geowrian 22,338]

Petitions and applications that don't require an interview are sent to the service centers to adjudicate. It's based on managing workload using whatever magic formula USCIS has, not based on location (as there's no reason it needs to be closer to you...you will never go there).

 

K-3 is obsolete and almost never issued anymore. They turn into a CR-1 anyway.

Current USCIS policy is to adjudicate an I-129F for a spouse with the I-130.

Current NVC policy is that if an approved I-130 arrives before or at the same time as an approved I-129F, then the I-129F is administratively closed.

Using the 2 policies above creates a situation in which almost all K-3 processes are stopped at either USCIS (when the I-130 is approved, sometimes they deny the I-129F outright as "benefit obtained via another means") or NVC (via administratively closing it).

 

As noted above, if you sent an I-129F, it would also be sent NSC since it would be adjudicated with the corresponding I-130.

Edited December 12, 2017 by geowrian

[macarons365 0]

Thank you so much for your quick reply. 

I won't apply for K3.

It may take almost a year, but I'll just wait :-(

[JFH 12,191]

USCIS does not consider our convenience or wishes when sending cases to service centers for adjudication. It's all about workloads and resources. When we filed last year California was processing much faster than Nebraska and my husband was born in California. Deep down I secretly hoped the sight of his bright blue California birth certificate might prompt the employee at Phoenix lock box to send it to California but no such luck. Nebraska it was. All we could do was wait.

 

Take comfort knowing you are not alone in this waiting. Thousands are waiting to be reunited with their spouses. Was your husband living with you in Japan? At least you have those memories of good times to cherish - many of us don't have that luxury of being able to live together overseas prior to this process. Every day that goes by you're a day closer to the end. That's what I used to tell myself.  

[macarons365 0]

We've been married for more than 10 years in Japan. 

We have two kids and they are waiting to see their father. 

I know all I have to do is to wait, but can't help seeking for the faster way. 

I'm deeply grateful for your heartwarming message. 

Edited December 12, 2017 by macarons365

[NikLR 13,232]

unfortuneatly the K3 saves maybe a few months at most to visa, if you manage to get that far, but costs more than twice the IR1 and takes twice as long to green card.  Honestly, the IR1 is worth waiting  the extra few months for. 

[macarons365 0]

Thank you so much for your advice.

I just feel hopeless to see the long queue infront of me:-(

Hope the processing time at NSC will get faster.

[TBoneTX 46,256]

Thread is moved from the K-3 Process forum to the CR-1 Case Progress subforum.