questions on applying for K3-visa

[rs250 0]

1) Can I file the I-129F right after I send the I-130 petition or do I HAVE to wait for the NOA1?

2) If the I-129F petition gets approved, will the I-130 petition be cancelled?

2a) If the I-130 petition does not get cancelled does the spouse have to go back to the native country for an interview with the US Embassy? Or can an interview be done with the local USCIS office?

3) #10 on Pg. 4 of the I-129F instruction states "You must submit the documents required in Questions 3, 4, and 6 of the instructions.." What documents are they referring to?

Thanks for the help!

[YuAndDan 153]

1 Yes you can prepare I-129F and have ready to send as soon as you have NOA1 from the I-130

2 Lately USCIS will hold the I-130 for K-3 cases, and wont send it on to NVC unless you file I-824 to force them to send the approved I-130 on to NVC

2a If it does get sent to NVC you can opt to either enter the USA on the K-3 and wait for the CR-1 interview or just Adjust status in the USA that is why the K-3 is a 2 year multi entry visa.

3 Not too sure on that one.

[pushbrk 13,069]

1) Can I file the I-129F right after I send the I-130 petition or do I HAVE to wait for the NOA1?

2) If the I-129F petition gets approved, will the I-130 petition be cancelled?

2a) If the I-130 petition does not get cancelled does the spouse have to go back to the native country for an interview with the US Embassy? Or can an interview be done with the local USCIS office?

3) #10 on Pg. 4 of the I-129F instruction states "You must submit the documents required in Questions 3, 4, and 6 of the instructions.." What documents are they referring to?

Thanks for the help!

Wow, that's a big mistake in the Nov 06 version of the form. They lifted that sentence from the old I-129F. Somebody may correct me or have something to add but for K3 you must submit the documents described in section 5, 7d and 8. of the instructions. Does anybody see more?

[Tareq 0]

Wow, that's a big mistake in the Nov 06 version of the form. They lifted that sentence from the old I-129F. Somebody may correct me or have something to add but for K3 you must submit the documents described in section 5, 7d and 8. of the instructions. Does anybody see more?

I'd have to agree. I think it is a mistake, especially where it says:

You must submit the documents required in Questions 3, 4 and 6 of the instructions, but may omit the documents required in Question 5.

Question 3 is about IMBRA compliance. Question 4 about multiple K-1 petitions (does not apply to K-3). Question 5 is about documents that prove US Citizenship (should be required but instructions says you can skip it). Question 6 is about what to submit if a document is not available such as birth certificate, etc.

It makes no sense at all why it would ask to submit documents for Questions 3, 4, 6 and not 5.

What I did was follow VJ's K3 Guideline and submitted everything that was listed there.