I-130 denied, what to do.

[dwheels76 5,468]

1 hour ago, Cyberfx1024 said:

I have seen people on here and Reddit wanting to try this trick even though they only submitted a couple months ago. So they are trying surpass the natural process of things

Yep. I can understand though in OP's case they filed 1 year ago. This all happened about February there were scores of approvals so now people feel they can just file the I-129F and get approved. It's only Nebraska this Phenomenon has happened.

[HRQX 4,145]

1 hour ago, dwheels76 said:

No one is getting K3's these days

Almost no one. Four were still issued this year in Ciudad Juarez:

• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JANUARY 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/APRIL 2019 - NIV Issuances by Post and Visa Class.pdf Page 24; Beneficiary was a Venezuelan national
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JUNE 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/AUGUST 2019 - NIV Issuances by Post and Visa Class.pdf Page 26

Edited October 23, 2019 by HRQX

[NikLR 13,227]

Ive seen very very few instances where the actual k3 was worth the time and money. 

[SalishSea 17,836]

3 minutes ago, NikLR said:

Ive seen very very few instances where the actual k3 was worth the time and money. 

There is no charge for filing it after filing an I-130.

[Marieke H 2,512]

I'd recommend starting to read the instructions from now on before sending anything to USCIS. The I-130 instructions clearly state what evidence you were supposed to submit with the form, and you mentioned elsewhere that your husband did not submit any evidence. And instead of following the instructions in the RFE, your husband just sent "every evidence they may require". That's not how it works; every form has instructions that you need to follow. As others have said, filing I-129f forced a decision which was a denial.

 

If you're going to refile, make sure you download the instructions for the form from the USCIS website, and send everything that is required.

[Mr and Mrs S 207]

You can't do much without first seeing what the denial was for. The denial notice from USCIS should give you an idea of what was missing.

[dwheels76 5,468]

14 hours ago, Jorgedig said:

There is no charge for filing it after filing an I-130.

Talking about the extra money of adjusting status like a k1 to get work permit and be able to travel out. It's alot of extra. You are married acting like a K1.

[SalishSea 17,836]

12 hours ago, dwheels76 said:

Talking about the extra money of adjusting status like a k1 to get work permit and be able to travel out. It's alot of extra. You are married acting like a K1.

Completely agree.  For those folks, I always wonder why they did not do a K-1 in the first place.

[NikLR 13,227]

On 10/23/2019 at 5:54 PM, Jorgedig said:

There is no charge for filing it after filing an I-130.

 I know.. the cost of adjustment of status nearly doubles the actual cost of the IR1/CR1 visa.  Plus instead of arriving on an immigrant visa you arrive on a non-immigrant.  If you live where AOS is taking 1-2 years, you have now added on that much time to your immigrant visa process.  

 

All to save a few months of processing at the consular stage.  

Edited October 26, 2019 by NikLR

[Mr and Mrs S 207]

On 10/26/2019 at 7:55 AM, NikLR said:

 I know.. the cost of adjustment of status nearly doubles the actual cost of the IR1/CR1 visa.  Plus instead of arriving on an immigrant visa you arrive on a non-immigrant.  If you live where AOS is taking 1-2 years, you have now added on that much time to your immigrant visa process.  

 

All to save a few months of processing at the consular stage.  

 

The expectation is a K3 application will rarely be approved. In case of approval, you can choose not to pursue the K3.

 

On the flip side, it has (or had) the potential to cut your wait time drastically in service centers like Nebraska where you can't inquire about your IR1\CR1 application unless it was filed before August 2018. 

[NikLR 13,227]

8 hours ago, SaeedA said:

 

The expectation is a K3 application will rarely be approved. In case of approval, you can choose not to pursue the K3.

 

On the flip side, it has (or had) the potential to cut your wait time drastically in service centers like Nebraska where you can't inquire about your IR1\CR1 application unless it was filed before August 2018. 

Do I need to quote myself? 

On 10/23/2019 at 5:50 PM, NikLR said:

Ive seen very very few instances where the actual k3 was worth the time and money. 

If you don't understand what that means then ask. 

 

But i perfectly understand why people are filing the I-129F.  

[Mr and Mrs S 207]

2 minutes ago, NikLR said:

Do I need to quote myself? 

If you don't understand what that means then ask. 

 

But i perfectly understand why people are filing the I-129F.  

You win. 

[NikLR 13,227]

1 minute ago, SaeedA said:

You win. 

Ok?  None of this conversation helped the OP. Mine included.  No one wins. 

[Mr and Mrs S 207]

3 hours ago, NikLR said:

Ok?  None of this conversation helped the OP. Mine included.  No one wins. 

 

You're right. Hopefully things get better for the OP.

[cbro 59]

On 10/24/2019 at 6:27 AM, Cyberfx1024 said:

So they are trying surpass the natural process of things

Not necessarily... I just filed in Sept, got Nebraska and see the 130 taking about 5-6 months longer to process which is a bit too long for me.  The 129f timeline looks faster, which will work better for us.  I wouldn't mind the K3 at all if it meant my spouse getting to the US earlier.  We can deal with the AOS stuff later (IF they even gave us a K3).  I am not just doing it to surpass natural process - I thought the natural process of the K3 is for the beneficiary to get to the US faster than waiting for CR1?