Concurrent I-130 and I129F

[Reynal2m 7]

Good morning VJ,

 

My spouse came across a forum discussion suggesting that the I130 process can be expedited by submitting the I129F (K3) after the I130 has been filed. Is this approach still effective nowadays? What is your opinion on this strategy?

 

Do you recommend sending the I129F immediately (The next day) after receiving the Form I-797 Notice of Action receipt from USCIS?

 

The USCIS portal offers scant information regarding the prerequisites for the K3 procedure, aside from completing Form I129K. While exploring on the internet, I stumbled upon some additional details. Do you think these details are the requirements to send along with your I129F form?

 

 

Thanks in advance.

 

Regards,

 

[PerlaN 4]

I did it and it didn’t help. I believe that was a strategy that hat was previously used and worked. Now they told me that USCIS would merge the application ms and go by the I130 timeframe. 

[OldUser 6,333]

I think something like 3-5 visas issued a year. This is the total! It's like winning a lottery. K3 is uselesss.

[Reynal2m 7]

53 minutes ago, OldUser said:

I think something like 3-5 visas issued a year. This is the total! It's like winning a lottery. K3 is uselesss.

The intention is not to obtain the visa; rather, it's aimed at expediting the I130 approval process. While researching in a Facebook group, I came across posts from individuals asserting that it accelerated their process successfully:

 

 

[Liam2021 582]

33 minutes ago, Reynal2m said:

The intention is not to obtain the visa; rather, it's aimed at expediting the I130 approval process. While researching in a Facebook group, I came across posts from individuals asserting that it accelerated their process successfully:

 

 

That individual is a rare case, maybe 1 out of 10000? Technical, yes you can try and it up to you, but no one can assured a quick outcome.

[Reynal2m 7]

3 minutes ago, Liam2021 said:

That individual is a rare case, maybe 1 out of 10000? Technical, yes you can try and it up to you, but no one can assured a quick outcome.

Thanks, I will definitely give it a try.

[Verrou 1,957]

i saw it more often in 2021-2022 filers. not so much for 2023-2024 because i think USCIS finally figure it out and just closed the i-129F/ or merge it with i-130. can always try, just dont put much high hope

[pushbrk 12,752]

Yes, as soon as possible.  Sometimes it works to get a  faster I-130 approval.  I see no rhyme or reason to when it works and when it doesn't.

[pushbrk 12,752]

4 hours ago, OldUser said:

I think something like 3-5 visas issued a year. This is the total! It's like winning a lottery. K3 is uselesss.

OP is not seeking a K3 visa.  Seeking a faster I-130 approval, but this would not be a concurrent filing.  In the old days, we would actually file both petitions in the same envelope, but that was when the actual K3 visa was viable.

[OldUser 6,333]

8 minutes ago, pushbrk said:

OP is not seeking a K3 visa.  Seeking a faster I-130 approval, but this would not be a concurrent filing.  In the old days, we would actually file both petitions in the same envelope, but that was when the actual K3 visa was viable.

I would not put too much hope into it. Of course OP is free to try. My point was, this is similar to how to I-485 cannot be adjudicated when no visa is available, even though the person is not seeking visa but GC. In this case there is no cap, but if no visas are issued it pretty much indicates the low probability of it being looked at.

Edited March 14 by OldUser

[SalishSea 17,639]

1 hour ago, Verrou said:

i saw it more often in 2021-2022 filers. not so much for 2023-2024 because i think USCIS finally figure it out and just closed the i-129F/ or merge it with i-130. can always try, just dont put much high hope

This is also my observation.

[pushbrk 12,752]

11 minutes ago, OldUser said:

I would not put too much hope into it. Of course OP is free to try. My point was, this is similar to how to I-485 cannot be adjudicated when no visa is available, even though the person is not seeking visa but GC. In this case there is no cap, but if no visas are issued it pretty much indicates the low probability of it being looked at.

The procedure being sought is to have an adjudicator bring up both the I-130 and I-129F on their system, when they close the I-129F in favor of the I-130.  Sometimes, when both files are up on their system anyway, they simply go ahead and approve the I-130.  If they do, great. If they don't, nothing is lost.  It's like placing a bet that costs only postage and some time.  The odds are better than zero, so why not.

 

 

[Nathan Alden, Sr. 17]

According to the USCIS website, they require that Form I-129F be submitted after Form I-130 for the K-3 process:

 

Quote

 

The First Step: Filing the Petitions

 

- You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.

- You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.

- After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

 

 

It doesn't look optional to me. Now why they require this, I have no idea.

Edited March 14 by Nathan Alden, Sr.
Language

[pushbrk 12,752]

20 minutes ago, Nathan Alden, Sr. said:

According to the USCIS website, they require that Form I-129F be submitted after Form I-130 for the K-3 process:

 

 

It doesn't look optional to me. Now why they require this, I have no idea.

Because you must provide a receipt for filing the I-130 as a required supporting  document when filing an I-129F for a spouse.  That's the OP's plan anyway.  The title of the thread does not match what they plan to do.

[Nathan Alden, Sr. 17]

Ah, I see. As you can see, my account is new. I'm still learning about this labyrinthine process. Good luck, OP!