US Citizen I-130 petition for spouse & simultaneously filing I-129F K3

[Unluckiest 0]

1: If your case is at California Service Center, you are the luckiest.

2: If your case is at Potomac Service Center, you are in for a long ride unfortunately just like me.

3: Filing K3 petition like i did is just another way to throw your money away for overnight delivery fees and a amusement letter week later.

Why do i say what i say? Here’s why...

I might have filed few too many expedites that led to USCIS to completely ignore me as it was my first time encountering immigration like a toddler learning to walk.

My initial expedites were declined due to insufficient evidence, September is why i met the criteria for an Expedite and upon speaking to a Tier 2 officer, i received an email ‘based on the information and evidence bla bla bla you meet the criteria for expedited processing’ well since that day and today Jan 17, 2025… I have gotten no response from the final reviewing office at Potomac Service Center. Allthough i filed multiple expedite requests multiple times and met the criteria for expedite multiple times… Yet i got no response.

So I filed I-129F due to an emergency, my wife with a high risk pregnancy and multiple other issues that made my situation convincing and Tier 2 sent my expedite to servicing center and they declined it! So how come i met the criteria for an expedited processing and still get declined? That’s something called ‘mighty discretion of the agency based on case by case situation’.

 

Since then i have filed multiple expedites and another I-130 so i can land at California Service Center, i know it is crazy but i hoped for the long shot… Guess what? I got assigned to Texas Service Center… They declined my expedite requests...

 

I-129F is hard to get approved with one rejection can affect all your future benefits which makes no sense but i heard alot about it and i recommend not to complicate your journey like i had. I sent a letter to withdraw my I-129F petition and i explained my reason with common sense ‘ it defeats the purpose of this petition as my requests been denied and timeframe is same or more than my primary petition' I have even filed for a I-131 emergency travel parole and this is at Washington, so we will see.

 

[TBoneTX 45,966]

Welcome to the forum, and thanks for relaying your experience.

 

In regard to expedite requests, one's U.S. Congressman's "immigration liaison" might be more helpful than trying it as an individual.

[Unluckiest 0]

I have tried Congressman, State Senator and Ombudsman office. I never heard from the senator office but from the congress office i had the constituent follow up for the same update i always get.

[SalishSea 18,099]

17 minutes ago, Unluckiest said:

So how come i met the criteria for an expedited processing and still get declined?

It's not black and white.  It's discretionary.

 

You will absolutely not get a K-3.  Those are obsolete.

 

Normally the "expedite" reason needs to involve the USC, not the alien beneficiary. 

 

No one likes to wait, but it's just part of the deal when you choose to immigrate.

[TBoneTX 45,966]

9 minutes ago, Unluckiest said:

State Senator

As a general note to all readers, this means "U.S. Senator from my state."  A "state senator" serves only in a state's senate and has no role in immigration or other Federal responsibilities.

[Unluckiest 0]

11 minutes ago, TBoneTX said:

Welcome to the forum, and thanks for relaying your experience.

 

In regard to expedite requests, one's U.S. Congressman's "immigration liaison" might be more helpful than trying it as an individual.

 

3 minutes ago, SalishSea said:

It's not black and white.  It's discretionary.

 

You will absolutely not get a K-3.  Those are obsolete.

 

Normally the "expedite" reason needs to involve the USC, not the alien beneficiary. 

 

No one likes to wait, but it's just part of the deal when you choose to immigrate.

Normally the "expedite" reason needs to involve the USC, not the alien beneficiary.  Yes I agree with you 100% and so should it be that way however a unborn child out of wedlock pregnancy having one parent a US citizen creates grounds for 2 people out of which the baby is by default a US citizen and in addition to that i expressed having this baby born abroad creates severe financial losses as ill be bound to go through consular processing leaving work, flying, hotels, carrying cash in a country that has level 2 travel advisory by US state.gov and with the language barrier where it’s not safe 8 hours outside the capital where my wife resides. It creates logistical issues having a infant. Just to give the readers an idea how convenient it is renting a car; It is the first country Algeria where been to where you gotta deposit your foreign passport with 300 Euros or more for a car rental and the cars are just okay  and they don’t rent to locals lol… It’s only wise to take a taxi in major cities locally but you can’t trust taxi for a very long journey especially heading towards the souther regions closer to sahara desert.

[Unluckiest 0]

6 minutes ago, TBoneTX said:

As a general note to all readers, this means "U.S. Senator from my state."  A "state senator" serves only in a state's senate and has no role in immigration or other Federal responsibilities.

Thanks for correcting me and No they do help you with immigration. If you go online and when you fill out their form for requesting assistance. https://www.schumer.senate.gov/services/immigration

[TBoneTX 45,966]

27 minutes ago, Unluckiest said:

Thanks for correcting me and No they do help you with immigration. If you go online and when you fill out their form for requesting assistance. https://www.schumer.senate.gov/services/immigration

Chuck Schumer is your U.S. Senator, one of the two U.S. Senators who can help.

Conversely, a state senator in the New York state senate can do nothing.  That's the distinction.  

Edited yesterday at 02:10 AM by TBoneTX

[Boiler 45,965]

I am not sure when I last saw an approved K3 on VJ, must be more that 10 years ago.

 

They still seem to be issued, well less that 10 a year, I do not know in what circumstances as I have never come across one.

 

An 1 130 takes about 15 months plus of course you then have the rest of the process which varies.

 

No harm trying an expedite, I recommend it, but it is discretionary. It seems they have a pre screening aspect which I assume is what you are referring to due to the sheer numbers they have to deal with.

 

If you want to bring your wife to the US for medical treatment that can be done as a visitor, even an approved expedite is not quick, just quicker.

[nastra30 2,347]

5 hours ago, Unluckiest said:

September is why i met the criteria for an Expedite

Why was September when you met criteria for expedite? I didn't know there were timelines for meeting expedites. The pregnancy of the intending immigrant usually don't fly for expedites but hey expedites are discretionary so one can never know. But imo, all the things you've laid out pertaining to the pregnancy, unborn baby, future inconveniences processing documentation, location of spouse, travel, etc are very typical in a lot of places especially in Africa so I honestly don't see any emergencies that is expedite worthy. Plus expedite approval does not necessarily mean a faster processing. I just don't see how you'll be able to get I130 approved, clear NVC, and then secure immigrant visa from Algeria all within <9 months for your spouse to able to come to the US to deliver; imo not realistic but again who knows.

Why will baby be born out of wedlock if you are married to the intending immigrant? 

Also, I think you should have just left the I-129F K3 application alone; they were never going to approve it. They'll automatically deny it after they've approved the I130.

And why do you think spouse qualifies I-131 emergency travel parole when they don't live in the US?

[Unluckiest 0]

On 1/18/2025 at 2:19 AM, nastra30 said:

Why was September when you met criteria for expedite? 'Circumstances got worst and had more evidence' I didn't know there were timelines for meeting expedites. 

The pregnancy of the intending immigrant usually don't fly for expedites but hey expedites are discretionary so one can never know. But imo, all the things you've laid out pertaining to the pregnancy, unborn baby, future inconveniences processing documentation, location of spouse, travel, etc are very typical in a lot of places especially in Africa so I honestly don't see any emergencies that is expedite worthy. Plus expedite approval does not necessarily mean a faster processing. I just don't see how you'll be able to get I130 approved, clear NVC, and then secure immigrant visa from Algeria all within <9 months for your spouse to able to come to the US to deliver; imo not realistic but again who knows.

Why will baby be born out of wedlock if you are married to the intending immigrant? You were right having  I-130 expedited would not fulfil the purpose of the expedite but rather make the case move quicker, so this is why there is I-131… Yes there are tourist visa category for medical treatment, but they get even more complicated leaving discretion of consulars, then border patrol at the airport to feel otherwise due to a pending immigrant petition.

 As for a US born citizen who’s devoted over 30 years to the country and abiding by the system serving the civil service. I have the right to question the discretion of USCIS by all means especially if iv met the criteria for expedites multiple times and then get denied by the servicing center office.

Yes that’s a African continent and yes that’s how it may be like out there and but for me it isn’t the standard to put my unborn innocent child at risk knowing with ongoing complications, and that child is US citizen by default.

If a US citizen is stranded in any threat in a foreign nation’s land as long as there is a US embassy, ‘ You can call the hotline for help and they will show up to assist their citizen in a critical emergency, whether it be financially and thats why we say God bless America because we look out for our own’  Saving a unborn US citizen child's life out of harms-way and preventing severe losses to its citizen parent should not be treated any less. It sounds like a broken record argument against a discretion that gets sent in a generic automated email, it’s like salt and alcohol on a half inch open wound to a first time parent. 

 

Also, I think you should have just left the I-129F K3 application alone; they were never going to approve it. They'll automatically deny it after they've approved the I130.  ‘If anytime one of your applications in the past had been denied by USCIS despite it being I-129F or others, it will carry a decreed decision or red flag to all of your future petitions, this is coming from a Immigration attorney i spoke to. I didn’t want to take chance knowing the odds are 1-2% having multiple petitions. It didn’t cost anything to file and it doesn’t cost to send a letter to avoid a free rejection. ‘Getting rejected upon a I-130 getting approved is totally a different scenario and it doesn’t hurt getting denied for the K3'.

 

And why do you think spouse qualifies I-131 emergency travel parole when they don't live in the US? The I-131 is not just for one purpose and not only for those who are living in the U.S and need emergency travel parole to enter back to the greatest country on earth. It can also be used for intending immigrant incase of emergency which is advanced arrival departure parole while being a spouse of US citizen. My I-130 being expedited does not benefit at this point but I-131 does because it is one shot one flight no NVC or further processing waiting.

 

1. Don’t file I-129F K3 ever unless you are non citizen and you'v been waiting over 2-3 years for your spouse I-130.
2. Having any USCIS petition denied for any reason, creates complications for all future benefits and that’s why it is better to not file too many like i did!
3. Once your expedite is denied once or twice, you will likely be denied indefinitely or ignored despite circumstances being changed. In my case i’m experiencing and learning by facts not online opinions. I recently learned from a Tier 2 officer who told me my last expedite denied by the servicing center because on such and such date a expedite was denied under the humanitarian crisis and this expedite for the same crisis is now denied. Similarly if a petition is denied on such and such date your future cases will bare some deeper considerations. 
4. If you are going to file for a expedite, consider a very very very thorough deeper understanding of EXTRAODINARY CIRCUMSTANCES, because what you may believe to be Extraodinary very likely may not be due to discretion!. So think without emotion and more like a immigrant with logic because immigration wasn’t designed for citizens sponsoring their spouses from third world countries. Thanks to the freedom we are ought to travel the world and find our soulmates in different parts of the world.

All of our grandparents or their parents came from some other part of the world, I didn’t mean to make my reply provocative by putting citizens first to any fellow immigrant especially those who are working hard and living by the law and entering the country lawfully. This is what makes us unique as nation and greatest power on earth. Citizens of any nation should be before aliens sadly our country is devoted to splurge our tax money to foreign affairs and leaving its citzens and especially veterans in despair but happy to give gender neutral bathrooms instead of mental health.

 

[Boiler 45,965]

Sorry it has just clicked you have filed for Humanitarian Parole. Well I think that is what you have done.

 

We do not see many of those, and I am pretty sure I have not seen one in a Marriage case.

 

Assuming I am right please let us know how it goes.

[nastra30 2,347]

2 hours ago, Unluckiest said:

 

I am usually a proponent of desperate times calls for desperate measures but within realistic expectations. I refrain from giving you a point-by-point response to some things you've stated so not to derail this. It seems you've applied for humanitarian parole based on marriage/unborn child. I haven't seen it used this way; only ways related to war/military/veteran humanitarian reasons and significant issues and recently some southern border family separation issues.
All the best and let us know how it goes. Hopefully, your spouse will get to be with you soon.

Edited 4 hours ago by nastra30

[OldUser 7,346]

@Unluckiest I'm sorry about your stressful situation. Sadly, it's unlikely USCIS would care about unborn child. Most of the times they wouldn't care about child already born. And nobody is in the hurry to make things for your family simpler by allowing your spouse to give birth in the US.

 

From your message it's not clear when was I-130 filed?

 

[SalishSea 18,099]

2 hours ago, Boiler said:

Sorry it has just clicked you have filed for Humanitarian Parole. Well I think that is what you have done.

 

We do not see many of those, and I am pretty sure I have not seen one in a Marriage case.

 

Assuming I am right please let us know how it goes.

Thank you for your service, Boiler.   I had no idea this was the OP’s topic here.