I130 approved before I129F/K3 at VSC: a new trend?

[hhN400 3]

When I joined this forum a few months ago, I understood from the postings that at VSC it was quite common for I130 and I129F/K3 to be approved at the same time, upon which the K3 would be forwarded to the NVC and the I130 would remain at VSC for later processing during the Adjustment-of-Status process once the alien spouse had entered the US on the K3. Now, however, it seems that (with very few exceptions) the I130 is approved first and the I129F petition remains pending at the VSC. At least that's what I read off the K3 tables of timelines published on this board. (Haven't checked whether this is also true for other service centers and/or the K1 visa.)

If this is true and I'm not misreading the tables (please correct me if I'm wrong), then there would be really little point in going for a K3 since there would be little or no gain in time, with the additional hassle (and expense) of going through the AoS later. Comments, anyone?

[mamalovesdada 0]

We have the same concern. Our I130 got approved and our I129F is still pending with no touches at all. We are waiting for our K3 petition to be approved. We have no idea when...

[Dakine 26]

When I joined this forum a few months ago, I understood from the postings that at VSC it was quite common for I130 and I129F/K3 to be approved at the same time, upon which the K3 would be forwarded to the NVC and the I130 would remain at VSC for later processing during the Adjustment-of-Status process once the alien spouse had entered the US on the K3. Now, however, it seems that (with very few exceptions) the I130 is approved first and the I129F petition remains pending at the VSC. At least that's what I read off the K3 tables of timelines published on this board. (Haven't checked whether this is also true for other service centers and/or the K1 visa.)

If this is true and I'm not misreading the tables (please correct me if I'm wrong), then there would be really little point in going for a K3 since there would be little or no gain in time, with the additional hassle (and expense) of going through the AoS later. Comments, anyone?

You are right and if there's a chance of shinning on the I-129F go for it.

The problem is the brakes can come on with the I-130 at NVC if you aren't prepared to "fire back" the paperwork as soon as you hear from them. Or you get a RFE when you do so.

Once the I-129F is approved and sent to NVC they normally are passed on to your embassy FAST.

Do EVERYTHING you can to make the I-130 work as we went thru hell adjusting status with the K3.

I thought it would be smooth sailing after the embassy interview. WRONG!

At that time we wanted to be together "yesterday" and didn't have much choice as the I-130s were WAY behind time wise so we opted for the K3.

Hate to say it I even paid $830 [wife and child] for the I-130 hoping but did get RFE and it blew it!

Got a refund tho! YEAH! RIGHT!!

Edited June 27, 2007 by beckypua

[hhN400 3]

The way things are now, I'm pretty much set on abandoning the I129F/K3. However, for the time being I think I'll do nothing and wait until (if at all) the K3 petition turns up at the NVC. I'd rather deal with the State Department than with USCIS. Or does anybody know of a downside in handling it this way?

Thanks for your thoughts.

--hh

[simple_male 1]

The way things are now, I'm pretty much set on abandoning the I129F/K3. However, for the time being I think I'll do nothing and wait until (if at all) the K3 petition turns up at the NVC. I'd rather deal with the State Department than with USCIS. Or does anybody know of a downside in handling it this way?

Thanks for your thoughts.

--hh

Congratulations on the I-130 approval. Yes, it is a new phenomenon that I-130 is processing faster than I-129F. At this point, you can only pursue IR-1 route, if you want. You can send a postal mail to the appropriate service center where they have your I-129F petition and request them to cancel your I-129F process. That way, it will be official note from you to USCIS. On that letter, you can mention that your I-130 is moving well at the NVC and therefore you want to concentrate on I-130 only. If you want, attach an I-130 approval notice's photocopy.Or you can wait to see what happens with I-129F. If it is approved, inform NVC immediately that you don't want to pursue I-129F. Remember, I-130 approval will have no effect on I-129F process. So your I-130 process will move with same pace no matter what happens to your I-129F.

[Jas S 0]

Yeah you are right about this trend....just look at my timeline. My I130 gets so much action but none for I129. I am waiting for my RFE in the mail for I130.

[Urge To Race 2]

The way things are now, I'm pretty much set on abandoning the I129F/K3. However, for the time being I think I'll do nothing and wait until (if at all) the K3 petition turns up at the NVC. I'd rather deal with the State Department than with USCIS. Or does anybody know of a downside in handling it this way?

Thanks for your thoughts.

--hh

You are fortunate. I130 approved well before the I129F means you can let them both run for now. You never know.. the I129F might get approved soon, which would make it through NVC a lot quicker. Might get you and your SO together sooner. I know for me that would be a big concern.