K-3 Progress [split topic]

[Strawberrymermaid 346]

1 hour ago, Ife2020 said:

Actually, I sent my I-129f with my I-130 petition package because the site states that yu can. I only received a NO1 for the I-129f, so we will seeee.

You didn’t get an noa1 or priority date for the i-130?

[Ife2020 37]

1 hour ago, Strawberrymermaid said:

You didn’t get an noa1 or priority date for the i-130?

No not yet.

[TBoneTX 45,031]

The above have all been split from someone else's thread in the main K-3 forum and are moved to the K-3 Case Progress subforum.

[HRQX 4,145]

17 hours ago, Lucky Cat said:

In 2019, there only 5 issued world wide.  

Even less in FY 2020: just 2 https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf

[Crazy Cat 41,611]

24 minutes ago, HRQX said:

Even less in FY 2020: just 2 https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf

I thought so.  I seemed to remember your posting that information before, but I couldn't find it......Thanks.

[Educ8r 39]

Like others, I have submitted form i-130 followed by i-129f (K3).  Today when speaking with a live agent, I asked which would be processed first, the 130 or 129f.  (They have had the 130 since Aug 2021 and just got the 129 Dec 2, 2021)  She replied saying the 129 would process first, but I thought this was basically an obsolete visa.  Can someone shed some light for me here?  Screenshot of our conversation is below.  Thanks for your input. 

 

[HRQX 4,145]

5 minutes ago, Educ8r said:

She replied saying the 129 would process first, but I thought this was basically an obsolete visa.

The I-129F petition is processed by USCIS. Having an approved I-129F doesn't necessarily result in DOS continuing the K-3 process. DOS is the one that issues visas: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

[Educ8r 39]

14 minutes ago, HRQX said:

The I-129F petition is processed by USCIS. Having an approved I-129F doesn't necessarily result in DOS continuing the K-3 process. DOS is the one that issues visas: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

I found this in your link...If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition.  So if the 129 is processed first like the agent said today, they will continue with the K3?  I'm sorry for seeming so dense on this but I'm trying to get it clear in my mind.  

[HRQX 4,145]

1 hour ago, Educ8r said:

So if the 129 is processed first like the agent said today, they will continue with the K3?

NVC can tentatively continue K-3 processing in that case but if the I-130 is subsequently approved and reaches DOS/NVC before the K-3 is issued then the K-3 case could still be administratively closed since the availability of the K-3 would have ended. See INA 101(a)(15)(K)(ii): "an alien who- has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151(b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa;

1 hour ago, Educ8r said:

but I thought this was basically an obsolete visa.

It is. There were only 2* K-3 visas issued in Fiscal Year 2021. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

*1 was issued in Mexico and 1 was issued in Pakistan; thus neither was issued in Europe.

[Educ8r 39]

On 11/18/2021 at 9:30 AM, etrangais said:

There are no filling fees for I-129F for K3: IT IS FREE

 

The fees are for I-129F for K1, fiancée visa

 

31 minutes ago, HRQX said:

NVC can tentatively continue K-3 processing in that case but if the I-130 is subsequently approved and reaches DOS/NVC before the K-3 is issued then the K-3 case could still be administratively closed since the availability of the K-3 would have ended. See INA 101(a)(15)(K)(ii): "an alien who- has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151(b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa;

It is. There were only 2* K-3 visas issued in Fiscal Year 2021. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

*1 was issued in Mexico and 1 was issued in Pakistan; thus neither was issued in Europe.

Ok. Thank you so much for your clarifications. Guess now I wait on 2 items and see which is approved first. Hope it's over soon.  This is nerve wracking. 

[etrangais 947]

5 minutes ago, Educ8r said:

 

Ok. Thank you so much for your clarifications. Guess now I wait on 2 items and see which is approved first. Hope it's over soon.  This is nerve wracking. 

The K3 will not get approved. the hope is that when they try to match the K3 to the I-130, they advance the review of the I-130 to keep the metrics of the K3 close to their targets

The K3 will be administratively closed once the I-130 is approved

[Educ8r 39]

14 minutes ago, etrangais said:

approved

Thank you. According to VJ, the K3s are always current. For example, the processing date is today on their timeline. However,  that doesn't mean they are processing my paperwork that quickly. So, how do I know the possible approval date? My personal timeline doesn't have one. It says there's not enough data.

[etrangais 947]

Just now, Educ8r said:

Thank you. According to VJ, the K3s are always current. For example, the processing date is today on their timeline. However,  that doesn't mean they are processing my paperwork that quickly. So, how do I know the possible approval date? My personal timeline doesn't have one. It says there's not enough data.

You can't tell at all.

Now you just sit back and wait

[Educ8r 39]

Just now, etrangais said:

You can't tell at all.

Now you just sit back and wait

Ok. Thank you.