I-130 Filers March 2019

[Devon&Sandra 121]

52 minutes ago, canadavisa22 said:

Oh, I see. I don't follow the thread as closely so I wasn't aware of this loophole. So has nothing changed and you just skip the line and go straight to NVC processing or is there a different path that's created now?

Hello, it is not a loophole and I didn't skip the line. It is another completly legal path - here's the info https://www.visajourney.com/content/compare/

41 minutes ago, jimfleurieee said:

Can you this after the i130 has been submitted or it has to be before?

You HAVE to do it after I130 was submitted - https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

[canadavisa22 202]

44 minutes ago, Devon&Sandra said:

Hello, it is not a loophole and I didn't skip the line. It is another completly legal path - here's the info https://www.visajourney.com/content/compare/

You HAVE to do it after I130 was submitted - https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

So am I understanding it correctly that because your I-129F was denied because your I-130 was approved that you don't receive a K-3 visa? That K-3 visa would have allowed you to enter the US sooner and wait for the I-130 to be approved, right? But, instead, now your file goes to NVC and you simply wait the normal amount of time the NVC stage and beyond takes?

I'm just trying to understand the difference between the two paths. When we did the immigration to Canada there were two choices: 1) do it while staying in Canada (took longer - like the K-3 process shows) or 2) do it from the US (processing time much quicker). Is this basically what has happened in your case (getting to the US faster but having to wait longer for the green card)?

Also, can you still do this if both the US citizen and spouse are living abroad? 

[Just Paul 4,595]

4 minutes ago, canadavisa22 said:

So am I understanding it correctly that because your I-129F was denied because your I-130 was approved that you don't receive a K-3 visa? That K-3 visa would have allowed you to enter the US sooner and wait for the I-130 to be approved, right? But, instead, now your file goes to NVC and you simply wait the normal amount of time the NVC stage and beyond takes?

Short answer is that last year only a few K3s were issued.  Current USCIS policy is to close the I-129F if they see a I-130 in process.   Probably not any will be issued this year.

 

6 minutes ago, canadavisa22 said:

I'm just trying to understand the difference between the two paths.

The only path is an I-130 for a married couple.  The petitioner can live anywhere.  If the beneficiary has a non immigrant visa they can continue to visit under the terms of that visa.

[canadavisa22 202]

3 minutes ago, Paul & Mary said:

Short answer is that last year only a few K3s were issued.  Current USCIS policy is to close the I-129F if they see a I-130 in process.   Probably not any will be issued this year.

 

The only path is an I-130 for a married couple.  The petitioner can live anywhere.  If the beneficiary has a non immigrant visa they can continue to visit under the terms of that visa.

Right, so essentially this is a way to reduce the wait time for the I-130 approval from nearly a year to about three months. Is that right? 

[Just Paul 4,595]

1 minute ago, canadavisa22 said:

Right, so essentially this is a way to reduce the wait time for the I-130 approval from nearly a year to about three months. Is that right? 

Seems that some approvals are done early - very random.   If you think that filing a I-129F is going to help go ahead and try.  Just remember if you do get it you have all the hassle of doing an AOS like a K1.  You don't get a green card on arrival.

 

Hardly anyone gets a CR-1 VISA in 105 days like us.

 

 

[canadavisa22 202]

34 minutes ago, Paul & Mary said:

Seems that some approvals are done early - very random.   If you think that filing a I-129F is going to help go ahead and try.  Just remember if you do get it you have all the hassle of doing an AOS like a K1.  You don't get a green card on arrival.

 

Hardly anyone gets a CR-1 VISA in 105 days like us.

 

 

Right, I think we're misunderstanding each other a bit here. If the I-129F is denied on the grounds that the I-130 has been approved, wouldn't this mean they just move onto the NVC stage? There is no K-3 visa being issued if the I-129F is denied. 

If that's the case, then there is no AOS because there is no visa that is being issued (no K-3). So, then this person just moves straight to the NVC stage after 3 months rather than the 11-13 months that people who don't try to file the I-129F are waiting. Am I understanding this all right?

[Just Paul 4,595]

22 minutes ago, canadavisa22 said:

Am I understanding this all right?

Well some people have had an I-130 processed at USCIS is 3  months and other have taken 14.  It just depends on what is in the petition and who adjudicates it.  Some service centers are faster, some adjudicators are faster.  It is like standing in a line at a grocery store.  Sometimes a shorter line takes longer.  

 

Just filing a I-129F and the I-130 gets processed  "quickly" is really just coincidence.

 

If you file for a K3 and the CR-1 is approved you get processed at the NVC the same way as I-130.

 

I have had couples for the same county file the same day at the same lockbox and none of the timeline dates are the same.   They both had interviews 3 months apart. 

 

Many have waited longer for the immigration process.  If you are in Canada you at least have the possibility to see each other more often.

 

 

[canadavisa22 202]

28 minutes ago, Paul & Mary said:

Well some people have had an I-130 processed at USCIS is 3  months and other have taken 14.  It just depends on what is in the petition and who adjudicates it.  Some service centers are faster, some adjudicators are faster.  It is like standing in a line at a grocery store.  Sometimes a shorter line takes longer.  

 

Just filing a I-129F and the I-130 gets processed  "quickly" is really just coincidence.

 

If you file for a K3 and the CR-1 is approved you get processed at the NVC the same way as I-130.

 

I have had couples for the same county file the same day at the same lockbox and none of the timeline dates are the same.   They both had interviews 3 months apart. 

 

Many have waited longer for the immigration process.  If you are in Canada you at least have the possibility to see each other more often.

 

 

Right but this person was at Nebraska not Potomac. That's what makes it interesting. Currently everyone on VJ who has Nebraska is taking nearly a year. If this gets you approved in 3 months that's a pretty substantial difference. That doesn't seem like a coincidence or someone randomly getting their file looked at faster than someone else. 

Edited July 3, 2019 by canadavisa22

[Just Paul 4,595]

4 minutes ago, canadavisa22 said:

Right but this person was at Nebraska not Potomac. That's what makes it interesting. Currently everyone on VJ who has Nebraska is taking nearly a year. If this gets you approved in 3 months that's a pretty substantial difference. That doesn't seem like a coincidence or someone randomly getting their file looked at faster than someone else. 

Try it out - it cost nothing but the time to assemble and postage.

[canadavisa22 202]

24 minutes ago, Paul & Mary said:

Try it out - it cost nothing but the time to assemble and postage.

I'm not personally in a rush nor is it a path I can take (we both live together abroad), I'm just trying to understand how it all works. It doesn't really seem like there are any downsides though besides a few hundred bucks spent on a new application and the very unlikely chance you'll actually get the K-3. I'm guessing some people are just afraid if they do anything else it might affect their current I-130 negatively. Kudos to those that have figured this out and taken the chance. 

[Just Paul 4,595]

11 minutes ago, canadavisa22 said:

I'm not personally in a rush nor is it a path I can take (we both live together abroad), I'm just trying to understand how it all works. It doesn't really seem like there are any downsides though besides a few hundred bucks spent on a new application and the very unlikely chance you'll actually get the K-3. I'm guessing some people are just afraid if they do anything else it might affect their current I-130 negatively. Kudos to those that have figured this out and taken the chance. 

There is no fee to file a I-129F for K3 petition.  https://www.uscis.gov/system/files_force/files/form/g-1055.pdf?download=1

 

Filing a K3 does not impair the I-130. Which ever one gets to the NVC first is the one that you get.

 

If this strategy worked then everyone filing for a spousal would file a K3.  Maybe they are and that is what is slowing down the K1 processes?

 

There is a K3 subform if you want more answers.  https://www.visajourney.com/forums/forum/81-k-3-spouse-visa-process-amp-procedures/

 

[JMPM 507]

33 minutes ago, canadavisa22 said:

I'm not personally in a rush nor is it a path I can take (we both live together abroad), I'm just trying to understand how it all works. It doesn't really seem like there are any downsides though besides a few hundred bucks spent on a new application and the very unlikely chance you'll actually get the K-3. I'm guessing some people are just afraid if they do anything else it might affect their current I-130 negatively. Kudos to those that have figured this out and taken the chance. 

Let me answer your question in a post I did in the Nebraska thread. 
 

"Here's the run down. K-3, if approved yes, you would have to do the adjustment of status. In reality you'll have better chances of winning the lottery in getting one. Theory is: Filing a K-3 gets your I-130 at the desk faster for approval. So the K-3 gets denied because the I-130 gets approved."

It's a theory that has many examples. Maybe those that got approved have something else in common that we all don't know, not even those that got approved knows. Maybe there's a doofus at the filing room picking the wrong files and placing them in a box to be sent to a desk. Who knows.   It's worth the effort if you want it's free + postage. 

[canadavisa22 202]

2 minutes ago, JMPM said:

Let me answer your question in a post I did in the Nebraska thread. 
 

"Here's the run down. K-3, if approved yes, you would have to do the adjustment of status. In reality you'll have better chances of winning the lottery in getting one. Theory is: Filing a K-3 gets your I-130 at the desk faster for approval. So the K-3 gets denied because the I-130 gets approved."

It's a theory that has many examples. Maybe those that got approved have something else in common that we all don't know, not even those that got approved knows. Maybe there's a doofus at the filing room picking the wrong files and placing them in a box to be sent to a desk. Who knows.   It's worth the effort if you want it's free + postage. 

Definitely. I'd be trying this if I were in a position to do so. You need to use every advantage you can in this process. Like I said, kudos to those people that have done it and have had success. This seems way better than contacting your congressperson...

[Devon&Sandra 121]

16 hours ago, canadavisa22 said:

So am I understanding it correctly that because your I-129F was denied because your I-130 was approved that you don't receive a K-3 visa? That K-3 visa would have allowed you to enter the US sooner and wait for the I-130 to be approved, right? But, instead, now your file goes to NVC and you simply wait the normal amount of time the NVC stage and beyond takes?

I'm just trying to understand the difference between the two paths. When we did the immigration to Canada there were two choices: 1) do it while staying in Canada (took longer - like the K-3 process shows) or 2) do it from the US (processing time much quicker). Is this basically what has happened in your case (getting to the US faster but having to wait longer for the green card)?

Also, can you still do this if both the US citizen and spouse are living abroad? 

Yes. Our I129F was denied one month after our NOA1 on I129F because our I 130 got approved. 

Basically they don't really like to approve K3 anymore, but in someway if you apply for it it "forces" them to look into your CR1 very quickly...

So now, I just continue on standard CR1 process with NVC / Embassy

 

I guess you can apply for K3 even if both of you are living abroad. For me that doesn' really make sense as K3 purpose is to prevent married couple from being apart to long but I didn't find any legal reason why this shouldn't be possible! 

Just go for it - there is no fee if USC is applying for his/her spouse while I130 is pending. And the paperwork is simple and straigtforward (everything was alrady sent with your I130) - you just need to add your NOA1 of your i130 to the package. 

 

[Devon&Sandra 121]

16 hours ago, canadavisa22 said:

Right, so essentially this is a way to reduce the wait time for the I-130 approval from nearly a year to about three months. Is that right? 

Yes ! With no guarantee