Filing a K3 after I130 to expedite the process? NOA 1 to NOA 2 in just 4 months?

[Crazy Cat 41,834]

6 minutes ago, TXBill said:

Already waiting in noa2 thanks though

When did you file the K-1?

[billding 59]

9 minutes ago, missileman said:

When did you file the K-1?

Late July 

[JMPM 507]

Take into account there hasn't been that I have seen an IOE receipt petition in Nebraska whom filed a K-3 getting any faster treatment yet. 

Abandoning your K-1, and getting married then filing for I-130 what's the chances of you getting Nebraska? You might get Texas/Potomac which are much faster than Nebraska in itself. So it might be worth it, but there's a risk in having Nebraska and no fast track since it's IOE and the loophole closed. 

Just food for thought. 

 

[Joe & Dhee 12]

3 hours ago, TXBill said:

It's in Nebraska. According to @Joe & Dhee.

There's an explanation on their profile how they did it.

 

I read somewhere online (I closed the window I can't find it anymore) that some do this because when they file the i129f it forces the service center to look into their file and seeing that they submitted to the i130 they get NOA2/approval since their file is already open/being reviewed.

Hi, its a case to case basis. Maybe we got lucky to be approved faster cause the K-3 trick worked for us. Some filers got approved less than a month after filing the I-129F, and others are still waiting for decision for more than 2 months.

 

Yes, filing of I-129F may help to expedite your case. I was hesitant on filing this at first, but there is no harm in trying. It has no fee since you already filed and paid for I-130.

 

Based on the I-129F decision letter from USCIS, 'K-3 visa is meant for individuals coming to US to await the approval of I-130 petition and availability of an immigrant visa. They denied our K-3 because our I-130 was approved and an immediate relative visa is available. 

[geowrian 22,337]

4 minutes ago, Joe & Dhee said:

Yes, filing of I-129F may help to expedite your case. I was hesitant on filing this at first, but there is no harm in trying. It has no fee since you already filed and paid for I-130.

I would just point out that I think you missed part of the OP's situation. They filed an I-129F already for a fiance - they are not yet married so they would need to withdraw the I-129F, marry, and then start all over with an I-130 + I-129F.

Just wanted to make sure you were aware of this (since they never field an I-130 yet).

 

Edit: The reason I mention it is that there is harm in trying....both in costs (extra $535 fee + travel & marriage costs) and in sunk time.

Edited September 10, 2019 by geowrian

[payxibka 10,045]

6 minutes ago, geowrian said:

I would just point out that I think you missed part of the OP's situation. They filed an I-129F already for a fiance - they are not yet married so they would need to withdraw the I-129F, marry, and then start all over with an I-130 + I-129F.

Just wanted to make sure you were aware of this (since they never field an I-130 yet).

 

Edit: The reason I mention it is that there is harm in trying....both in costs (extra $535 fee + travel & marriage costs) and in sunk time.

And no guarantee it goes to Nebraska if they do try

[CH Saab 49]

I have done it got approved in less than 4 months

[RCable 75]

4 hours ago, CH Saab said:

I have done it got approved in less than 4 months

Was yours done in Texas? Because that would discount the Nebraska theory. 

[pushbrk 12,876]

9 hours ago, TXBill said:

It's in Nebraska. According to @Joe & Dhee.

There's an explanation on their profile how they did it.

 

I read somewhere online (I closed the window I can't find it anymore) that some do this because when they file the i129f it forces the service center to look into their file and seeing that they submitted to the i130 they get NOA2/approval since their file is already open/being reviewed.

This is the logical explanation.  Since the two files have to be joined, in order to kill the I-129F, somebody already has the files on their desk.  Since it only takes about 30 minutes to adjudicate an I-130, they might as well deal with what is in front of them, instead of returning both cases to storage.  Whether this is happening, I have no information, but it IS logical.

[geowrian 22,337]

25 minutes ago, pushbrk said:

This is the logical explanation.  Since the two files have to be joined, in order to kill the I-129F, somebody already has the files on their desk.  Since it only takes about 30 minutes to adjudicate an I-130, they might as well deal with what is in front of them, instead of returning both cases to storage.  Whether this is happening, I have no information, but it IS logical.

Yup. The illogical aspect is why are they looking at the I-129F in the first place.  

[HRQX 4,145]

8 hours ago, Joe & Dhee said:

Based on the I-129F decision letter from USCIS, 'K-3 visa is meant for individuals coming to US to await the approval of I-130 petition and availability of an immigrant visa. They denied our K-3 because our I-130 was approved and an immediate relative visa is available. 

So other VJ users can see an example: https://www.visajourney.com/applications/core/interface/file/attachment.php?id=46459

[pushbrk 12,876]

29 minutes ago, HRQX said:

So other VJ users can see an example: https://www.visajourney.com/applications/core/interface/file/attachment.php?id=46459

Denying or closing the I-129F is an EXPECTED thing by everybody who files it for a spouse.  The reason for filing it is to get faster approval of the I-130.  The actual K3 visa, has been virtually unavailable for several years.  What changed was that USCIS is now killing the progress instead of NVC.  NVC started killing it February 1, 2010.

[Joe & Dhee 12]

9 hours ago, geowrian said:

I would just point out that I think you missed part of the OP's situation. They filed an I-129F already for a fiance - they are not yet married so they would need to withdraw the I-129F, marry, and then start all over with an I-130 + I-129F.

Just wanted to make sure you were aware of this (since they never field an I-130 yet).

 

Edit: The reason I mention it is that there is harm in trying....both in costs (extra $535 fee + travel & marriage costs) and in sunk time.

Oh, i missed this part. I just read the Subject  about filing K3 after I-130 to expedite and the post that tagged or qouted my visa journey.

 

On our case, we planned to file I-129F first but I thought co-sponsors for fiance visa in Philippines is not allowed. So, my husband travelled to PH together with her daughter and we got married here. Well, as I said, its a case to case basis or it depends on someone's situation. I see no harm on being together for good. Everything will cost money and time too.

[Duke & Marie 1,389]

13 hours ago, TXBill said:

It's in Nebraska. According to @Joe & Dhee.

There's an explanation on their profile how they did it.

 

I read somewhere online (I closed the window I can't find it anymore) that some do this because when they file the i129f it forces the service center to look into their file and seeing that they submitted to the i130 they get NOA2/approval since their file is already open/being reviewed.

I was following this, the k3  seems to be nudging the pending IR1/CR1 - I130 approval for >300 days for those in Nebraska, coincidence, luck, fait who knows... 

 

the process has always been there, previously wasn’t really needed with much shorter processing times for I130... but since it’s now up to 15 months at Nebraska and free to try it’s worth a shot for those who’ve been waiting a while, no guarantee of approval tho as is everything with USCIS. No idea how it would go for those <300 days

Edited September 11, 2019 by Duke & Marie

[CH Saab 49]

4 hours ago, RCable said:

Was yours done in Texas? Because that would discount the Nebraska theory. 

Yes