Steps after NOA1 and K3 Questions

[Ikhan 49]

The point of k3 was to reunite the couple in the case the i130 petition takes too long. I suggest you still file it in case you get a really bad service center that has a long wait time. You'll have a reason to at least reach out to them to ask about k3 approval. That being said, it is unlikely to be approved before your i130. 

 

Look at california service for example. online it says k3/k4 takes 5-7 months. While  a i130 takes 12-16 months. You can argue that your k3 petition is outside processing time after 7 months of wait, while you'll have to wait 16 months before you can even ask about your i130 petition. This can possibly push them to get your i130 approved (assuming they dont want to approve your k3) 

[Duke & Marie 1,389]

20 hours ago, taessica said:

Hi everyone

 

So, i"ve filed my i130 ONLINE back in early June and received my NOA1in the following week. 

As for my online process, should i file i485 as soon as possible or should i wait for my NO2 to come?

 

Is it beneficial to apply for a K3 while wait for the NO2 of i130? (Potomac center is being super slow and my new estimation is May of 2021), has anyone been through this path? 

Any advice?

 

Thanks. 

I485 is not applicable to your application, your spouse is filing from outside the US.

 

you can file K3, it’s free, and doesn’t hurt but know they are very rare and the whole “loop hole” thing that people talk of has pretty much been closed... 

 

just be patient, you applied just 4-5 months ago, immigration isn’t fast and many of us have been stuck in the process for 2+ years and still waiting..

[pushbrk 13,174]

58 minutes ago, Duke & Marie said:

I485 is not applicable to your application, your spouse is filing from outside the US.

 

you can file K3, it’s free, and doesn’t hurt but know they are very rare and the whole “loop hole” thing that people talk of has pretty much been closed... 

 

just be patient, you applied just 4-5 months ago, immigration isn’t fast and many of us have been stuck in the process for 2+ years and still waiting..

K3 issue is not a matter or "rare" or "statistics".  That they are virtually NEVER issued is a matter of policy.  We have "evidence" of USCIS's more recent change in policy in the form of reports of USCIS closing the I-129F file, BECAUSE the I-130 will take precedence.  However, USCIS policy changes are just for efficiency, because NVC has started cancelling all I-129F for spouse because they consider an immigrant visa to be "immediately available" when the I-130 is approved.  Before, it was when the I-130 got to the Consulate.  This change happened February 1, 2010 and can be found in the state.gov page describing the K3 visa.  K3 or K4, same policy.

 

K3 and K4 have been virtually obsolete for more than a decade, even if a few HAVE been issued.