I-130 cases being sped up just by submitting K3?

[roughlyworried 5]

Not sure if I should post this in the K3 or current forum, as it has to do with both. Recently on various group chats and forums I’ve seen many I-130s with PDs from April 2022 get approved this month with K3s they submitted and got denied. Obviously the K3 didn’t directly help since it wasn’t expedited and was just flat out denied. However, their CR1 case was approved way faster than the rest of us who didn’t submit a K3. Could it be, then, that submitting a K3 with a CR1 speeds up the case indirectly? 

[Mike E 11,739]

Some say it works. Some say it doesn’t. 
 

It costs nothing to try. There is no down side other than a 1 in 10,000 chance a K-3 visa is issued.  

 

How long have you been married?

Edited September 18, 2022 by Mike E

[powerpuff 6,697]

~~ Topic moved from CR1/IR1 forum to K3 sub-forum ~~

[roughlyworried 5]

1 hour ago, Mike E said:

Some say it works. Some say it doesn’t. 
 

It costs nothing to try. There is no down side other than a 1 in 10,000 chance a K-3 visa is issued.  

 

How long have you been married?

True.

little over 2 years we’ve been married. 9 months into the I-130 at Vermont. Maybe it’s too late 🤷‍♂️

[Mike E 11,739]

11 minutes ago, Kyl123 said:

True.

little over 2 years we’ve been married. 9 months into the I-130 at Vermont. Maybe it’s too late 🤷‍♂️

Since you’ve been married two years and thus will get a 10 year green card when the IR-1 visa is finally issued, you should move forward with your I-129F today. There is no reason to not send it. 
 

Had you just been married for a year, my response would be; “you don’t want to hurry this along because then you risk I-751”. 

[roughlyworried 5]

1 hour ago, Mike E said:

Since you’ve been married two years and thus will get a 10 year green card when the IR-1 visa is finally issued, you should move forward with your I-129F today. There is no reason to not send it. 
 

Had you just been married for a year, my response would be; “you don’t want to hurry this along because then you risk I-751”. 

Got it. I’m currently abroad, but will be back within 40 days. I heard you have to mail it in? That’s why I’m thinking I should be back in the states. Also, I did file the I-130 with a lawyer, is it required for a G-28 to be attached to the K3 since the I-130 had a G-28?

 

last question, when I would send in the I-129F, I’d be close to or at 11 months from my PD. If they receive it after my I-130 is approved, around the time, or in any scenario, would it affect the validity or issuance of the I-130?

 

im thinking I may do it, but I am considering leaving as is since 11-12 months is supposedly around the time it should take at Vermont. From what I gathered from what you said, you would recommend doing it anyways? 
 

thanks 

[Mike E 11,739]

10 minutes ago, Kyl123 said:

Got it. I’m currently abroad, but will be back within 40 days. I heard you have to mail it in?

yes. 

10 minutes ago, Kyl123 said:

That’s why I’m thinking I should be back in the states. Also, I did file the I-130 with a lawyer, is it required for a G-28 to be attached to the K3 since the I-130 had a G-28?

dunno. Doubt it.  

10 minutes ago, Kyl123 said:

 

last question, when I would send in the I-129F, I’d be close to or at 11 months from my PD. If they receive it after my I-130 is approved, around the time, or in any scenario, would it affect the validity or issuance of the I-130?

No.  Read the following which discusses the scenario where the I-130 gets approved before the visa process. 

 

10 minutes ago, Kyl123 said:

 

im thinking I may do it, but I am considering leaving as is since 11-12 months is supposedly around the time it should take at Vermont.

yes that seems to be common reaction from people who ask, are told to try it, and then get cold feet. 

10 minutes ago, Kyl123 said:

 

From what I gathered from what you said, you would recommend doing it anyways? 

Yes

[roughlyworried 5]

38 minutes ago, Mike E said:

 

yes that seems to be common reaction from people who ask, are told to try it, and then get cold feet. 

Yea, I also just went fully through the I-129f and see they request her full employment history. I noticed about 2 weeks back we missed one of her jobs back in her country she had, and it was one we listed on the DS-160 we filled out for a tourist visa back in 2020 we ended up not doing the interview for. So that’s a whole different issue, and actually something I should post on before worrying about a K3

[Jordanian Bride 268]

My opinion is it doesn't work and just adds to the USCIS backlog. How come everyone who says the K3 helps has their NOA1 from Nebraska?

[Crazy Cat 41,845]

6 hours ago, roughlyworried said:

I heard you have to mail it in?

You need to submit the I-130 receipt. 

[Crazy Cat 41,845]

3 hours ago, Jordanian Bride said:

How come everyone who says the K3 helps has their NOA1 from Nebraska?

A few years ago, that "trick" worked for Nebraska I-130s.  I'm not sure it works now. 

[Diane Owino 2]

Hi,

 

We filed through a lawyer our I-130 Spouse petition last September, 2021. The priority date is September 27, 2021. I have received the first NOA was on September 30, 2021. The RFE came on December 2, 2021. It was sent back with the required information. The case was transferred from the Potomac Service Center to the Vermont Service Center this year sometime in September. The USCIS website says our case is being reviewed.

 

Is it to late for me to file for a K-3 Spousal Visa at this stage? Can I file this without the lawyer? If so, how long should I wait before I take next steps such as file or the visa and reach out to my U.S.Senator on my immigration case?

 

Thanks,

 

Diane

[Simplytex 387]

28 minutes ago, Diane Owino said:

Hi,

 

We filed through a lawyer our I-130 Spouse petition last September, 2021. The priority date is September 27, 2021. I have received the first NOA was on September 30, 2021. The RFE came on December 2, 2021. It was sent back with the required information. The case was transferred from the Potomac Service Center to the Vermont Service Center this year sometime in September. The USCIS website says our case is being reviewed.

 

Is it to late for me to file for a K-3 Spousal Visa at this stage? Can I file this without the lawyer? If so, how long should I wait before I take next steps such as file or the visa and reach out to my U.S.Senator on my immigration case?

 

Thanks,

 

Diane

If you are at Vermont, then probably it doesn't make sense to file k3 currently. They are processing October cases currently at Vermont, so it's highly likely you will be in the next two months. K3 -at best- might get approval in 2-3 months but for those people who do get k3 to work seem to get it in 3-6 months.

[Diane Owino 2]

So,

 

you think I should just wait for my NOA2 to come and continue to wait on the process to unfold. We got married on August 16th, 2021. It is just over a year for our marriage. Is there anything else I should be doing at this time?

Diane

[Simplytex 387]

18 minutes ago, Diane Owino said:

So,

 

you think I should just wait for my NOA2 to come and continue to wait on the process to unfold. We got married on August 16th, 2021. It is just over a year for our marriage. Is there anything else I should be doing at this time?

Diane

I'm not any expert, so of course the decision is entirely yours. The k3 is completely free to file, and you should basically already have all the info. But, in terms of actually improving your time to get NOA2 it seems unlikely. 

 

Right now, you should be looking to make sure you have all the documents ready for the NVC stage submittal.