K-3 Visa: I-129F Sent to Texas Service Center?

[Boiler 46,059]

The worst thing would be having a K3 approved but otherwise if anyone wants tile one go ahead, it is free to do so.

The worst thing would be having a K3 approved but otherwise if anyone wants tile one go ahead, it is free to do so.

The worst thing would be having a K3 approved but otherwise if anyone wants tile one go ahead, it is free to do so.

[JD2 101]

4 hours ago, OldUser said:

They can close K-3 and leave I-130 alone until the time comes to adjudicate it.

They can't close the K-3 without a reason.  Mine was closed after I-130 was approved.  I've never seen one closed without a valid reason and that is almost always I-130 approval.

[JD2 101]

3 hours ago, Boiler said:

The worst thing would be having a K3 approved but otherwise if anyone wants tile one go ahead, it is free to do so.

The worst thing would be having a K3 approved but otherwise if anyone wants tile one go ahead, it is free to do so.

The worst thing would be having a K3 approved but otherwise if anyone wants tile one go ahead, it is free to do so.

When I was thinking about the I-129F, so many people told me theoretical problems with it but I've never seen a single case of someone hurting from filing other than a little bit of time and postage.  If a K-3 were approved, there would have to be some freak delay in the I-130 at USCIS so would it really be so bad?  I saw a case on here.  I'll try to find it.  If I remember correctly, UK beneficiary, I think Chicago based petitioner.  During Covid, USCIS asked for an interview of the petitioner (which the I-130 form instructions says is possible).  But, due to Covid, the field office was closed so they were stuck.  He filed the I-129F and actually got a K-3 approved and his wife came over and adjusted status.

[OldUser 7,463]

54 minutes ago, JD2 said:

They can't close the K-3 without a reason.  Mine was closed after I-130 was approved.  I've never seen one closed without a valid reason and that is almost always I-130 approval.

What was the reason on your K-3 when it got admin closed? Any particular message in the status of K-3 etc?

Edited Wednesday at 08:26 PM by OldUser

[Boiler 46,059]

I 130 approved?

[JD2 101]

1 hour ago, OldUser said:

What was the reason on your K-3 when it got admin closed? Any particular message in the status of K-3 etc?

"Once USCIS approves the I-130 petition, the immigrant visa is available and there is no longer eligibility for K status. Since your immigrant visa petition has been approved and an immediate relative visa is available, your spouse no longer requires the issuance of a K-3 visa to await adjudication of the immigrant visa petition. Therefore, your I-129F visa petition is denied."

1 hour ago, Boiler said:

I 130 approved?

Correct.  By law, the K-3 is meant to come to the US to await I-130 approval.  They can't administratively close an I-129F for no reason.  I think by regulation, USCIS must issue a NOID before denying any petition unless you no longer qualify (like in our case).  Now, who knows if it actually helps or not.  I did see someone post that on Lawfully that the average time to denial for an I-129F for K-3 was significantly less than the time to approval for an I-130.  If you assume they were denied due to approved I-130, you can deduce that the K-3 helped to some extent but those are a lot of assumptions and Lawfully is probably a small sample size too.

[JD2 101]

There's also the issue that, assuming it works, the more people do it, the less it'll work.