Direct Filing of K-3

[ColombianoGringo 0]

I just saw topic http://www.visajourney.com/forums/index.php?showtopic=74597

It relates to the new Direct Filing rules related to the I-129F.

Petitioners will file the Form I-129F with either the Vermont Service Center or California Service Center, depending on where the petitioner resides, and regardless of whether it is filed for a K-1

fiancé(e) or a K-3 spouse. This represents a change from current I-129F filing instructions, which direct the filing of K-1 petitions to all four USCIS service centers and the filing of K-3 petitions to the Chicago Lock Box.

Does anyone know if this affects the whole K-3 process in any way other than mailing the form to a different location?

I hope this change makes things go more quickly, but I suspect it will just cause confusion for a while.

Thanks,

CG

Edited June 22, 2007 by ColombianoGringo

[Chica Yeyé 41]

I just saw topic http://www.visajourney.com/forums/index.php?showtopic=74597

It relates to the new Direct Filing rules related to the I-129F.

Petitioners will file the Form I-129F with either the Vermont Service Center or California Service Center, depending on where the petitioner resides, and regardless of whether it is filed for a K-1

fiancé(e) or a K-3 spouse. This represents a change from current I-129F filing instructions, which direct the filing of K-1 petitions to all four USCIS service centers and the filing of K-3 petitions to the Chicago Lock Box.

Does anyone know if this affects the whole K-3 process in any way other than mailing the form to a different location?

I hope this change makes things go more quickly, but I suspect it will just cause confusion for a while.

Thanks,

CG

Don't have a wise answer for you - but seems that with the increase in fees for Adjustment of Status people are more willing to file for an immigrant visa (CR-1 or IR-1) instead of the K's non-immigrant visas. Have you checked into this possibility?

Wisdom, anyone?

Peace, L.

[pushbrk 13,058]

I just saw topic http://www.visajourney.com/forums/index.php?showtopic=74597

It relates to the new Direct Filing rules related to the I-129F.

Petitioners will file the Form I-129F with either the Vermont Service Center or California Service Center, depending on where the petitioner resides, and regardless of whether it is filed for a K-1

fiancé(e) or a K-3 spouse. This represents a change from current I-129F filing instructions, which direct the filing of K-1 petitions to all four USCIS service centers and the filing of K-3 petitions to the Chicago Lock Box.

Does anyone know if this affects the whole K-3 process in any way other than mailing the form to a different location?

I hope this change makes things go more quickly, but I suspect it will just cause confusion for a while.

Thanks,

CG

I think this will speed up K1's by as much as a week and K3's by as much or more. Certainly, one could file the I-130 and I-129F together now, because the attached I-130 pretty much serves as evidence of filing same.

We've already had reports of members doing this successfully recently, even though it is contrary to the instructions.

[ColombianoGringo 0]

I hadn't even considered that possibility. Did these members that sent them together pay the old fees ($190 + $170) or the new fees ($355 + $0)

Thanks,

CG

I think this will speed up K1's by as much as a week and K3's by as much or more. Certainly, one could file the I-130 and I-129F together now, because the attached I-130 pretty much serves as evidence of filing same.

We've already had reports of members doing this successfully recently, even though it is contrary to the instructions.

[pushbrk 13,058]

I hadn't even considered that possibility. Did these members that sent them together pay the old fees ($190 + $170) or the new fees ($355 + $0)

Thanks,

CG

I think this will speed up K1's by as much as a week and K3's by as much or more. Certainly, one could file the I-130 and I-129F together now, because the attached I-130 pretty much serves as evidence of filing same.

We've already had reports of members doing this successfully recently, even though it is contrary to the instructions.

They paid the old fees. The new fees are not in effect. As has been suggested by others and as I mentioned in another thread today, I would look long and hard at whether to file the I-129F at all. The K3 has become far more expensive. However if the 3-5 months shorter separation is important enough, you'll pay the extra and go through the extra trouble of I-129 and status adjustment.

I think based on China timelines, I would still do it because working was not important for my wife. If working was important then the expense of not working for three or four months after arrival would have been significant.

[ColombianoGringo 0]

I am definitely planning on pursuing a K-3, I don't care about the additional fees. I want my wife here and we are not planning on her working for the time being. She will be working to finish her thesis for her Colombian university and taking English classes at a college here.

I am tempted to try filing both the I-130 and the I-129F together. Do you recall which members have done this?

Thanks,

CG

[Mononoke28 135]

CG,

I've only heard of 1 person filing both petitions together here on VJ. The rest have sent a copy of the NOA2 for the I-130, and a handful have sent the I-129F with the receipt# on the cover letter. I haven't heard of anyone getting RFE'd because of it, but I might have missed the posts.

I'm also with pushbrk on what he said regarding the CR1 visa. Right now the only difference in waiting time between the CR1 and K3 for Bogotá is about 1 month or so. And regardless of how much the fees will be, the CR1 definitely takes away a lot of the hassle that has to be dealt with once they arrive in the States.

I would look at the timelines of the people who have filed for both visas going through Bogotá such as maviwaro, parkpapa, Cartagena, jediknight and myself and you'll see that there is a slight difference in processing time, but not much.

Just a thought.

Diana

Edited June 23, 2007 by Mononoke28

[neophi 5]

The difference is only 1 month? Man, I am so tempted to drop the K-3 and go with the CR1 visa, if they end up being approved simultaneously. But in my case, 1-2 months would definitely justify the extra money and hassle of AOS of the K-3. We'll have a newborn by that time, and I need to be next to my wife.

PS: I just uploaded a pic for my avatar since it seems like all the colombians here have one. hehehe.

CG,

I've only heard of 1 person filing both petitions together here on VJ. The rest have sent a copy of the NOA2 for the I-130, and a handful have sent the I-129F with the receipt# on the cover letter. I haven't heard of anyone getting RFE'd because of it, but I might have missed the posts.

I'm also with pushbrk on what he said regarding the CR1 visa. Right now the only difference in waiting time between the CR1 and K3 for Bogotá is about 1 month or so. And regardless of how much the fees will be, the CR1 definitely takes away a lot of the hassle that has to be dealt with once they arrive in the States.

I would look at the timelines of the people who have filed for both visas going through Bogotá such as maviwaro, parkpapa, Cartagena, jediknight and myself and you'll see that there is a slight difference in processing time, but not much.

Just a thought.

Diana

Edited June 23, 2007 by neophi

[pushbrk 13,058]

The difference is only 1 month? Man, I am so tempted to drop the K-3 and go with the CR1 visa, if they end up being approved simultaneously. But in my case, 1-2 months would definitely justify the extra money and hassle of AOS of the K-3. We'll have a newborn by that time, and I need to be next to my wife.

PS: I just uploaded a pic for my avatar since it seems like all the colombians here have one. hehehe.

CG,

I've only heard of 1 person filing both petitions together here on VJ. The rest have sent a copy of the NOA2 for the I-130, and a handful have sent the I-129F with the receipt# on the cover letter. I haven't heard of anyone getting RFE'd because of it, but I might have missed the posts.

I'm also with pushbrk on what he said regarding the CR1 visa. Right now the only difference in waiting time between the CR1 and K3 for Bogotá is about 1 month or so. And regardless of how much the fees will be, the CR1 definitely takes away a lot of the hassle that has to be dealt with once they arrive in the States.

I would look at the timelines of the people who have filed for both visas going through Bogotá such as maviwaro, parkpapa, Cartagena, jediknight and myself and you'll see that there is a slight difference in processing time, but not much.

Just a thought.

Diana

It seems like I'm a broken record but I'm explaining this to people several times a week. It is extremely unlikely you will have the option of pursuing anything but the K3, because the procedures changed last fall. Now your I-130 will be held at the service center while the K3 proceeds. There is a procedure to get it going again but so far, few have succeeded and it has taken several months.

If you want a CR1 visa, don't file an I-129F. For all intents and purposes, if you've filed an I-129F for a spouse, CR1 and/or IR1 are dead issues.

[Mononoke28 135]

From what I understand the CR1 visa used to take a very long time to process, up to more than a year, so that's why most people filed for the K3. Nowdays it depends on the embassy, some like for example the Dominican Republic can take up to 2 years. Bogotá doesn't take that much, and like I said I've seen a difference between the 2 visas be a month or two on average. I also saw in the news last night that if the Migratory Reform gets approved by congress on Tuesday, the amount of applications that the USCIS and the NVC will have to handle will be massive. So that right there will delay the process for a lot of people.

Bottom line is that choosing which type of visa to go for is a very personal choice depending on the circumstances we all have. But it's good to be well informed before doing it though.

[neophi 5]

It seems like I'm a broken record but I'm explaining this to people several times a week. It is extremely unlikely you will have the option of pursuing anything but the K3, because the procedures changed last fall. Now your I-130 will be held at the service center while the K3 proceeds. There is a procedure to get it going again but so far, few have succeeded and it has taken several months.

If you want a CR1 visa, don't file an I-129F. For all intents and purposes, if you've filed an I-129F for a spouse, CR1 and/or IR1 are dead issues.

I see. Thanks for the clarification. I guess I had seen an old post about keeping both up.