should i file k3?

[zakura02 0]

Hi everyone! want to thank you all for this thread and very helpful website, its nice to know that i am not alone in my long journey of reuniting with my love one.. anyway, my case, I was a permanent resident and last june 5, 2007, i became a US citizen. I married my husband in December 2005 and filed I-130 on January 2006 and received I-797C (NOA1) the same month. the same day that i got my citizenship, i called USCIS to have my previuosly filed petition upgraded and they did that over the phone and gave me a confirmation/case number, I asked the operator if I can file for K3 at this time and he said that i need to wait under the I-130 is approved, it was confusing because i thought i only needed NOA1 to file for K3 and i called their office few months ago and inquired the same question and the operator told me that i can use my old I-797 to file for K3, now they were telling me that I-130 needs to be approved first, i thought they only needed an evidence that it was filed and I can use my previous I-797, a paralegal that i consulted also told me the that I-130 needs to be approved first and told me not to file for k3 because of the long process that needs to be done after my husband gets here, but i dont care about that just wanted to file now to cut the waiting time. What should i do? Can I file for I-129F using the I-797 from my I-130 when i was a permanent resident? should i wait til they send me the letter that i upgraded my petition? I am confused now, please help me!!!

[pushbrk 13,053]

Hi everyone! want to thank you all for this thread and very helpful website, its nice to know that i am not alone in my long journey of reuniting with my love one.. anyway, my case, I was a permanent resident and last june 5, 2007, i became a US citizen. I married my husband in December 2005 and filed I-130 on January 2006 and received I-797C (NOA1) the same month. the same day that i got my citizenship, i called USCIS to have my previuosly filed petition upgraded and they did that over the phone and gave me a confirmation/case number, I asked the operator if I can file for K3 at this time and he said that i need to wait under the I-130 is approved, it was confusing because i thought i only needed NOA1 to file for K3 and i called their office few months ago and inquired the same question and the operator told me that i can use my old I-797 to file for K3, now they were telling me that I-130 needs to be approved first, i thought they only needed an evidence that it was filed and I can use my previous I-797, a paralegal that i consulted also told me the that I-130 needs to be approved first and told me not to file for k3 because of the long process that needs to be done after my husband gets here, but i dont care about that just wanted to file now to cut the waiting time. What should i do? Can I file for I-129F using the I-797 from my I-130 when i was a permanent resident? should i wait til they send me the letter that i upgraded my petition? I am confused now, please help me!!!

Filing an I-129F petition for spouse requires only evidence of having filed an I-130 for the same person. The person you spoke to a few months ago was correct.

[zakura02 0]

thank u for the fast reply, that's what i thought so..

[MargotDarko 0]

At this point, I don't think you'd get much of an advantage with the K3. If you had filed as soon as you had the I-797 for the I-130, you probably would have been able to bring your spouse to the US a few months sooner. But in my opinion your are now better off waiting for the I-130 to be approved and your spouse getting an immigrant visa.