Filed K-3 with regret, the I-130 alone now seems the better choice

[irene5269 0]

First I want to apologize if this is a question that has been previously answered. Really I've tried to find these things out on my own and haven't had any luck.

So, I've filed for the K-3 visa and now regret it. I see now that I should've filed the I-130 alone and just gone for the immigrant visa. At the time of filing it looked as though the K-3 would be much faster. Now it seems that the I-130's and I-129F's are being approved at about the same time and the adjustment of status (if entering U.S. on K-3) is now $1,000! It may have been a lack of research on my part, but I don't believe that was the case when I filed (please see timeline on my profile). Also, we'd like to BOTH work as soon as we arrive, not wait 3 months for him to receive his work authorization. My husband and I decided to remain together throughout this process so we are here in Italy awaiting answers on all of this.

My first question is this, is there any way to know if they are processing the two applications separately? I ask this because on my estimated time of approval through visajourney it has my I-130 being approved BEFORE my i-129F. Could that really happen? I thought they were linked? That would be GREAT if it could happen. If not, is there anyway to still go for the I-130 only? One scenario I've worked out is this...we get the K-3 approved, go to America so I can start to work so we can at least gain some money, then wait for the I-130 visa to be approved and then return to Italy for the interview. I know you're thinking that if I can afford to come back to Italy why not just pay for the adjustment of status since it will probably be cheaper? I'm in a position to fly for free so the $1,000 for adjusting status I really just don't want to spend. We are willing to do all this going back and forth because, basically, we are very anxious to start our life. You know, be where we know we want to be and start working toward a family.

My second question is (well this might be my 5th or 6th but who's counting) about 3 months before the estimated time of approval, can we go back to America with him coming in under the visa waiver program? I understand that this program is strictly for tourists. That being said, could we do it then just return to Italy when (hopefully) the interview will be ready to attend? I know that's not the way it's SUPPOSED to work, but can it be done, is what I'm asking.

Thanks for your help.

[jundibasam 0]

First I want to apologize if this is a question that has been previously answered. Really I've tried to find these things out on my own and haven't had any luck.

So, I've filed for the K-3 visa and now regret it. I see now that I should've filed the I-130 alone and just gone for the immigrant visa. At the time of filing it looked as though the K-3 would be much faster. Now it seems that the I-130's and I-129F's are being approved at about the same time and the adjustment of status (if entering U.S. on K-3) is now $1,000! It may have been a lack of research on my part, but I don't believe that was the case when I filed (please see timeline on my profile). Also, we'd like to BOTH work as soon as we arrive, not wait 3 months for him to receive his work authorization. My husband and I decided to remain together throughout this process so we are here in Italy awaiting answers on all of this.

My first question is this, is there any way to know if they are processing the two applications separately? I ask this because on my estimated time of approval through visajourney it has my I-130 being approved BEFORE my i-129F. Could that really happen? I thought they were linked? That would be GREAT if it could happen. If not, is there anyway to still go for the I-130 only? One scenario I've worked out is this...we get the K-3 approved, go to America so I can start to work so we can at least gain some money, then wait for the I-130 visa to be approved and then return to Italy for the interview. I know you're thinking that if I can afford to come back to Italy why not just pay for the adjustment of status since it will probably be cheaper? I'm in a position to fly for free so the $1,000 for adjusting status I really just don't want to spend. We are willing to do all this going back and forth because, basically, we are very anxious to start our life. You know, be where we know we want to be and start working toward a family.

My second question is (well this might be my 5th or 6th but who's counting) about 3 months before the estimated time of approval, can we go back to America with him coming in under the visa waiver program? I understand that this program is strictly for tourists. That being said, could we do it then just return to Italy when (hopefully) the interview will be ready to attend? I know that's not the way it's SUPPOSED to work, but can it be done, is what I'm asking.

Thanks for your help.

I think they are in fact processing the I-129F and I-130 petitions together, judging by my timeline and others who have been approved recently, although it can really vary based on your own situation. If the I-129F and I-130 petitions are approved together (or within a short period of each other), then USCIS will hold your I-130 at the NRC (national records center) and only forward your I-139F petition on to NVC, then to the embassy, and you will have no choice but to go the K-3 visa route and do the AOS and EAD (adjustment of status and Employment Authorization Document, respectively). However, if your I-130 petition is not linked for some reason, and they do approve it and only that petition, then it will be forwarded to NVC and you can go the IR-1/CR-1 visa route. I may be mistaken, but I am sure that you can still contact USCIS to cancel the I-129F petition, but I saw an earlier post about a week or so ago where some other VJ users strongly recommended against it. The K-3 visa is still relatively faster, since the I-130 petition still takes 4-6 months to process at NVC whereas the I-129F sits there for a few days before being forwarded to the embassy.

As far as your husband entering the U.S. on the visa waiver program, I have heard posts in the past say that it is a risk to attempt, as he no longe would be considered a tourist by Customs upon inspection/entry into the U.S. and with you here also, he would have no incentive to return back to Italy. But I have no knowledge or experience on exactly how that plays into the visa process, as i'm only going by what I have read and studied on VJ and other sites.

[jundibasam 0]

Oh, and also my timelines were way off too. I went by another timeline that someone designed under the "May/June filers..." post, but my I-129F was predicted to be adjudicated on 10/16/2007 (1 day off) whereas my I-130 petition had an estimate of 12/11/2007. You have to remember also, that this is the government we're talking about. I think they would prefer most customers to go the AOS route with a K-3 because it ends up being more money for them with the AOS fees, so unless the I-129F is canceled, then I would expect that is the one you will end up having to go with for the K-3.

[pushbrk 12,898]

Unfortunately, you didn't have the up to date information when you filed.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If both your petitions have case numbers that begin with the same three letters, they are together at the same service center, being processed together. They'll be subject to the same policy that has been in effect 11 months.

You're on the K3 path.

[irene5269 0]

Unfortunately, you didn't have the up to date information when you filed.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If both your petitions have case numbers that begin with the same three letters, they are together at the same service center, being processed together. They'll be subject to the same policy that has been in effect 11 months.

You're on the K3 path.

Your navigational skills through uscis exceed mine. Thanks for attatching this. It looks like if/when we are approved for the K-3 we must then file a separate form to have the I-130 released, if that's still what we have in mind. I appreciate your help.

Also to the gentle-persons above, thank you