I know you can abandon K3 in favor of IR1 if it gets approved first...

[OKflyboy 35]

Posted this in the K3 guide thread by mistake...

Okay, so I understand that if the IR1 gets approved first one can abondone the K3. But is it just as easy to disgregard the IR1 and continue with the K3/4 as it is the other way around?

Two weeks ago my wife's K3 was approved at the embassy, she has the visa and will be on her way here next week. We've now received word that the IR1 petition is at the embassy and they're ready to schedule an interview.

Anna's coming here on the K3 next week with non-refundable tickets, not to mention the children don't yet have I-130s on file (long story but the short of it is we were going to file their I-130s as soon as they got here then ask that all of them be processed together), so they can only come as part of Anna's K3 under K4 status.

The timeline for AOS etc is not my concern, getting my family (ALL of us) together again IS...

[classic 0]

I'm in a similar dilemma.

Take a look at my timeline. I just learned that our K3 interview is set this March 2006 at Manila Embassy. No word from NVC regarding the IR1/IR2 petition.

I hear that it takes several months (up to 6 months) after IR case completion before getting word of an interview appointment schedule (which could be another 2 months ahead). Which makes me think of going for the K3 (& K4).

I have a question, if I may ask, for anyone familiar with this IR-K3 dilemma:

If my spouse & kids enter U.S. on K3/K4 visas, and then apply for adjustment of status, will my IR1/IR2 petition just go "pffft" (to waste)? I figured applying for AOS will be a lot cheaper than traveling back to the Phils to complete the IR1/IR2.

Any ideas?

[Yodrak 7]

OKflyboy,

It may not be your choice to make. Had the I-130 petition arrived at the consulate before the K3 interview, the interview would likely have been cancelled or replaced with an immigrant visa interview by the consulate.

I don't know if the consulate would or can cancel a K3 visa already issued for this reason, but they might have that authority.

Yodrak

Posted this in the K3 guide thread by mistake...

Okay, so I understand that if the IR1 gets approved first one can abondone the K3. But is it just as easy to disgregard the IR1 and continue with the K3/4 as it is the other way around?

Two weeks ago my wife's K3 was approved at the embassy, she has the visa and will be on her way here next week. We've now received word that the IR1 petition is at the embassy and they're ready to schedule an interview.

Anna's coming here on the K3 next week with non-refundable tickets, not to mention the children don't yet have I-130s on file (long story but the short of it is we were going to file their I-130s as soon as they got here then ask that all of them be processed together), so they can only come as part of Anna's K3 under K4 status.

The timeline for AOS etc is not my concern, getting my family (ALL of us) together again IS...

classic,

Your dilema is not so similar - OKflyboy's I-130 petition is at the consulate already, putting the decisions in the consulate's hands. Your petition is not at the consulate, and you're in control over whether or not it will ever be.

If by "IR1/IR2 petition" you mean the I-130 petition, you'd better hope that it never goes "pffft" - an approved I-130 petition is required for K3s and K4s to adjust status.

Yodrak

I'm in a similar dilemma.

Take a look at my timeline. I just learned that our K3 interview is set this March 2006 at Manila Embassy. No word from NVC regarding the IR1/IR2 petition.

I hear that it takes several months (up to 6 months) after IR case completion before getting word of an interview appointment schedule (which could be another 2 months ahead). Which makes me think of going for the K3 (& K4).

I have a question, if I may ask, for anyone familiar with this IR-K3 dilemma:

If my spouse & kids enter U.S. on K3/K4 visas, and then apply for adjustment of status, will my IR1/IR2 petition just go "pffft" (to waste)? I figured applying for AOS will be a lot cheaper than traveling back to the Phils to complete the IR1/IR2.

Any ideas?

Edited February 1, 2006 by Yodrak

[classic 0]

Yodrak,

Thank you for the clarification.

My beneficiaries have their I-130 NOA's 1&2 from VSC. I assume these are all that are required of the I-130 process for the adjustment of status if we opt for the K3 right now.

What I was referring to ("pfft") was the processing of my I-130's that took place in NVC (especially the I-864 & IV fees). These would be wasted, right?

I went further in the I-130 process, as the I-130 timelines were moving fast late last year. All the I-130's are case complete at NVC. But right now at this phase of the process, it seems that the I-130 waiting time is slow and uncertain.

[Yodrak 7]

classic,

Thanks for the additional information. When you wrote "No word from NVC regarding the IR1/IR2 petition." in your previous post I thought that the NVC had not yet taken any action on your petition.

If you've paid the fees to the NVC and your wife decides to adjust status in the USA, then yes the fees are lost.

You say that the I-130s are "case complete" at the NVC? Then they will be going to the consulate soon, if they haven't already. As I wrote earlier in this thread, if the K visas haven't been issued yet when the I-130 petitions and immigrant visa applications arrive, the consulate will probably - is supposed to - cancel the K visa processing and proceed with the immigrant visas. If the I-130 cases are now complete at the NVC, and the K-visa interviews are not until March, then there's a good chance that the fees you've paid will be worthwhile because the immigrant visas are what is likely to happen.

If I were you I'd let the consulate know that the approved I-130 petitions are on the way and ask them to halt the K-visa processing.

Yodrak

Yodrak,

Thank you for the clarification.

My beneficiaries have their I-130 NOA's 1&2 from VSC. I assume these are all that are required of the I-130 process for the adjustment of status if we opt for the K3 right now.

What I was referring to ("pfft") was the processing of my I-130's that took place in NVC (especially the I-864 & IV fees). These would be wasted, right?

I went further in the I-130 process, as the I-130 timelines were moving fast late last year. All the I-130's are case complete at NVC. But right now at this phase of the process, it seems that the I-130 waiting time is slow and uncertain.

[OKflyboy 35]

Ahem...

Let me get this out of the way first: "Hello my name is OKflyboy, and I am a dumbass..."

This is what happens when you react to something with little to no sleep and don't stop to think first. (and, as it happens, re-post something without bothering to re-read what you had posted)

First of all, the IR1 is not at the embassy, its at the NVC. Second, the packet Anna received was not to schedule the interview, but rather I believe it was the packet 3 (which I only assumed was part of scheduling the interview as with the K3 the packet 3 and 4 were together). The question, however, still remains. We had no intention of continuing with the IR1, and yet Anna has now received the packet 3 with all the included instructions.

Ugh. I was not expecting these things to show up before Anna had reached the US...

Edited February 2, 2006 by OKflyboy

[scy 0]

Ahem...

Let me get this out of the way first: "Hello my name is OKflyboy, and I am a dumbass..."

This is what happens when you react to something with little to no sleep and don't stop to think first. (and, as it happens, re-post something without bothering to re-read what you had posted)

First of all, the IR1 is not at the embassy, its at the NVC. Second, the packet Anna received was not to schedule the interview, but rather I believe it was the packet 3 (which I only assumed was part of scheduling the interview as with the K3 the packet 3 and 4 were together). The question, however, still remains. We had no intention of continuing with the IR1, and yet Anna has now received the packet 3 with all the included instructions.

Ugh. I was not expecting these things to show up before Anna had reached the US...

So let me get this straight. You paid the immigrant visa fees and I-864 fees for an IR1 visa so that it could progress to the consulate, now you want to abandon it? The choice had been made by you to continue processing the approved I-130 at the consulate. You should not return the IR-1 packet 3. Instead, write the consulate and ask them to send the approved I-130 back to USCIS so that your wife can adjust status in the US.

Normally when you want to pursue the K-3, you should have held off completing the I-130 at NVC. Let the petition sit at NVC until your wife is ready to adjust.

[OKflyboy 35]

So let me get this straight. You paid the immigrant visa fees and I-864 fees for an IR1 visa so that it could progress to the consulate, now you want to abandon it?

The choice had been made by you to continue processing the approved I-130 at the consulate. You should not return the IR-1 packet 3. Instead, write the consulate and ask them to send the approved I-130 back to USCIS so that your wife can adjust status in the US.

Normally when you want to pursue the K-3, you should have held off completing the I-130 at NVC. Let the petition sit at NVC until your wife is ready to adjust.

No, in fact that's what the whole "I'm a dumbass" statement was about. I was half asleep when I wrote the orignal post and had very little clue what I was saying...

I have not sent the I-864 nor paid the fees yet, but the fact remains Anna received a packet just yesterday about and entirely different application, not the K3, again, I can only assume this is the Packet 3 for the I-130. There were only 2 petitions filled out, the I130 and the I129f, since the I129f has just been approved, what else could it be? What I'm saying is I'm at a complete loss as to WHY she has just received this new packet for the very reason that I did not move forward with the IR1 beyond the NVC.

Edited February 2, 2006 by OKflyboy

[scy 0]

So let me get this straight. You paid the immigrant visa fees and I-864 fees for an IR1 visa so that it could progress to the consulate, now you want to abandon it?

The choice had been made by you to continue processing the approved I-130 at the consulate. You should not return the IR-1 packet 3. Instead, write the consulate and ask them to send the approved I-130 back to USCIS so that your wife can adjust status in the US.

Normally when you want to pursue the K-3, you should have held off completing the I-130 at NVC. Let the petition sit at NVC until your wife is ready to adjust.

No, in fact that's what the whole "I'm a dumbass" statement was about. I was half asleep when I wrote the orignal post and had very little clue what I was saying...

I have not sent the I-864 nor paid the fees yet, but the fact remains Anna received a packet just yesterday about and entirely different application, not the K3, again, I can only assume this is the Packet 3 for the I-130. There were only 2 petitions filled out, the I130 and the I129f, since the I129f has just been approved, what else could it be? What I'm saying is I'm at a complete loss as to WHY she has just received this new packet for the very reason that I did not move forward with the IR1 beyond the NVC.

The packet is probably the K-3 packet that was resent by mistake. Consulates don't send out packets for petitions they haven't received. Since your I-130 is still at NVC, the consulate wouldn't send out anything until NVC tells it that the I-130 is finish there. So just ignore the packet since you have no more dealings with them and you know the I-130 is still at NVC.

[OKflyboy 35]

The packet is probably the K-3 packet that was resent by mistake. Consulates don't send out packets for petitions they haven't received. Since your I-130 is still at NVC, the consulate wouldn't send out anything until NVC tells it that the I-130 is finish there. So just ignore the packet since you have no more dealings with them and you know the I-130 is still at NVC.

Okay, cool. Thanks!

[classic 0]

OKflyboy,

Could that "packet" you are referring to be the DS-3032 "Choice of Agent" form? It comes just after the petition reaches NVC, it is addressed to the beneficiary, and it has instructions.

Hope this helps.

[OKflyboy 35]

OKflyboy,

Could that "packet" you are referring to be the DS-3032 "Choice of Agent" form? It comes just after the petition reaches NVC, it is addressed to the beneficiary, and it has instructions.

Hope this helps.

Hmmm, could be. I'll ask Anna on Sunday.

[Satisfaction 1]

No, in fact that's what the whole "I'm a dumbass" statement was about. I was half asleep when I wrote the orignal post and had very little clue what I was saying...

Nothing's wrong with being a "dumbass" or a "jackass" Actually, I'll take it as a compliment

Let me turn on the radio to Howard Stern. I love it! (VJ can be so "politically correct" )

Zzzzzzzzz

[OKflyboy 35]

No, in fact that's what the whole "I'm a dumbass" statement was about. I was half asleep when I wrote the orignal post and had very little clue what I was saying...

Nothing's wrong with being a "dumbass" or a "jackass" Actually, I'll take it as a compliment

Let me turn on the radio to Howard Stern. I love it! (VJ can be so "politically correct" )

Zzzzzzzzz