Need help and advice... Should I go for K3 or stay put with I-130?

[rkapur 0]

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

[hheaven67 2]

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

Word has it that the I-129F is being "administratively closed" so in hindsight, I wish I would've known & just stuck with the I-130...we probably would've had our NOA2 a long time ago. The choice is yours to make though. Best wishes to you!

jen

[Dakine 26]

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

FORGET the I-129F and go with I-130. Choose Kuwait

[pushbrk 12,898]

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

FORGET the I-129F and go with I-130. Choose Kuwait

A K3 visa must be interviewed for and issued in the country the marriage took place. Instructions have always been clear on that. At the moment though, the K3 visa process seems no longer viable for post July 07 filers.

[Enlighten one :) 5]

K3 is still a viable visa. There has not been one viable documented proof that the USCIS is terminating K3 visa. That is a rumor that has been provd wrong several times with documentation. I am still pursuing my K3 even though my I130 has been approved since September.

You need to research your interviewing embassy. After I realized that the Nigerian embassy was only taking few CR1/I130 interviews, I decided to see how long it takes to get that interview. 7 months for a cr1 interview. plus the our embassy is more picky and seem to require more when you are going for a cr1. Research your embassy before you make your decision.

some embassy are quick and painless when it comes to a I130/CR1. it all depends.

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

[Dakine 26]

K3 is still a viable visa. There has not been one viable documented proof that the USCIS is terminating K3 visa. That is a rumor that has been provd wrong several times with documentation. I am still pursuing my K3 even though my I130 has been approved since September.

You need to research your interviewing embassy. After I realized that the Nigerian embassy was only taking few CR1/I130 interviews, I decided to see how long it takes to get that interview. 7 months for a cr1 interview. plus the our embassy is more picky and seem to require more when you are going for a cr1. Research your embassy before you make your decision.

some embassy are quick and painless when it comes to a I130/CR1. it all depends.

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of he address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

K3/K4 may still be viable but they suck compared to CRs and IRs the way USCIS is processing them now.

More cost, stress and possible delays especially when doing AOS.

BEEN THERE! DONE BOTH!!!

[N360 0]

For me, filing I-129F just delayed my overall process because they paired up my petitions then took the 129s received date as the priority date. That is at least a 1 and 1/2 month delay.

This may or may not happen to you. But looking at all the timelines around here, it seems that even if they approve your _129F, you're looking at only a month or two advantage.

Is that month or two advantage worth the hassle of having K3 visa instead of CR1?

You have a bit of risk assessment and analysis to do.

Good luck!

[Enlighten one :) 5]

My embassy is a seven month wait. Only a two month wait for THe K3.

Plus they do not give you much of a hassle with the K3 in Nigeria as they do with the CR1. I rather show proof after he is livin here and on the mortgage, rent, life insurance, and part of our church.

I agree that there is more hassle, but like I said it all depends on which embassy you are dealing with. The money is worth the wait for us.

K3 is still a viable visa. There has not been one viable documented proof that the USCIS is terminating K3 visa. That is a rumor that has been provd wrong several times with documentation. I am still pursuing my K3 even though my I130 has been approved since September.

You need to research your interviewing embassy. After I realized that the Nigerian embassy was only taking few CR1/I130 interviews, I decided to see how long it takes to get that interview. 7 months for a cr1 interview. plus the our embassy is more picky and seem to require more when you are going for a cr1. Research your embassy before you make your decision.

some embassy are quick and painless when it comes to a I130/CR1. it all depends.

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of he address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

K3/K4 may still be viable but they suck compared to CRs and IRs the way USCIS is processing them now.

More cost, stress and possible delays especially when doing AOS.

BEEN THERE! DONE BOTH!!!

[Sand 5]

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

FORGET the I-129F and go with I-130. Choose Kuwait

A K3 visa must be interviewed for and issued in the country the marriage took place. Instructions have always been clear on that. At the moment though, the K3 visa process seems no longer viable for post July 07 filers.

[kobi1 0]

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

FORGET the I-129F and go with I-130. Choose Kuwait

A K3 visa must be interviewed for and issued in the country the marriage took place. Instructions have always been clear on that. At the moment though, the K3 visa process seems no longer viable for post July 07 filers.

lurking have u been making any enquire about ur k3 from uscis, or any development, k3 re good option for some depend on embassy.

[pushbrk 12,898]

K3 is specifically and definitely not viable for you, unless USCIS ignores their own very clearly published rules. An I-129F for spouse cannot be adjudicated unless there is an I-130 pending. Your I-130 was approved 3 days before USCIS recorded receipt of your I-129F. Expect it to be returned to you with no action.

That I-129F's filed after the fee increase are being routinely administratively cancelled upon approval of the associated I-130's is outrageous but well documented. I've seen only one reported exception.

K3 is still a viable visa. There has not been one viable documented proof that the USCIS is terminating K3 visa. That is a rumor that has been provd wrong several times with documentation. I am still pursuing my K3 even though my I130 has been approved since September.

You need to research your interviewing embassy. After I realized that the Nigerian embassy was only taking few CR1/I130 interviews, I decided to see how long it takes to get that interview. 7 months for a cr1 interview. plus the our embassy is more picky and seem to require more when you are going for a cr1. Research your embassy before you make your decision.

some embassy are quick and painless when it comes to a I130/CR1. it all depends.

I just received NOA1 for I-130 Petition.

1. Should I stay put with I-130 or go ahead with I-129F (K3) Application?

2. Also if I go for I-1129F... I am a little confused.. what consulate should I apply for? Our marriage took place in India (New Delhi) but my wife resides in Kuwait and all current addresses in the application are for Kuwait.

The web site says "The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place."

I dont want to confuse and cause delays in process as it is already slow and long..

Also I had visited DHS (Dept of Homeland Security) in Delhi Consulate and they said that all dealings should happen in Kuwait embassy as thats where my wife resides... Do I go with the website and apply for Delhi (which will be hard to manage as she does not stay in India and Delhi Conulate may get confused as none of the address is for India/Delhi and hence may end of sending back the application or delay the process) or Kuwait.

May be I can write a detailed explanation for choosing Kuwait and file I-129F... with a hope that folks here would understand.. I have very little hope in the system though...

Please help me out with this..

[Elbereth 0]

For me, filing I-129F just delayed my overall process because they paired up my petitions then took the 129s received date as the priority date. That is at least a 1 and 1/2 month delay.

This may or may not happen to you. But looking at all the timelines around here, it seems that even if they approve your _129F, you're looking at only a month or two advantage.

Is that month or two advantage worth the hassle of having K3 visa instead of CR1?

You have a bit of risk assessment and analysis to do.

Good luck!

you're not looking at the whole picture

NVC for K3 : 30 days

NVC for CR1: 120 days

wait for interview may also take a lot more time for CR1 than for K3, depending on where the interview will take place

For a lot of us, saving a thousand dollars and being able to work right away just isn't worth the wait

husband is spending 2k on plane tickets every couple of months, waiting any longer than we should doesn't make any sense at all to us

[pushbrk 12,898]

For me, filing I-129F just delayed my overall process because they paired up my petitions then took the 129s received date as the priority date. That is at least a 1 and 1/2 month delay.

This may or may not happen to you. But looking at all the timelines around here, it seems that even if they approve your _129F, you're looking at only a month or two advantage.

Is that month or two advantage worth the hassle of having K3 visa instead of CR1?

You have a bit of risk assessment and analysis to do.

Good luck!

you're not looking at the whole picture

NVC for K3 : 30 days

NVC for CR1: 120 days

wait for interview may also take a lot more time for CR1 than for K3, depending on where the interview will take place

For a lot of us, saving a thousand dollars and being able to work right away just isn't worth the wait

husband is spending 2k on plane tickets every couple of months, waiting any longer than we should doesn't make any sense at all to us

A few months ago, we/I were/was discussed the relative merits of K3 vs CR1/IR1 visas for a spouse. My answer would have matched yours above. If working and money are less important to you than being together a couple months sooner, then K3 is what you want.

The problem is that by all but one exception, recent evidence indicates USCIS is no longer approving I-129F petitions for a spouse, if they were filed after July 28, 2007 and paid no fee. This new unannounced policy effectively renders the K3 visa unviable.

[Enlighten one :) 5]

Names SC I-130 I-129F I-129F I-130

NOA1 NOA1 NOA2 NOA2

KD & AB California SC 7/26/2007 8/25/2007 2/13/2008 2/13/2008

ax & axel Texas SC 7/12/2007 9/21/2007 2/1/2008 2/1/2008

suany & bob California SC 6/26/2007 8/27/2007 1/30/2008 1/30/2008

Thawai & Don California SC 6/20/2007 7/24/2007 1/30/2008 1/30/2008

Dora & Jamie California SC 5/18/2007 7/12/2007 1/30/2008 1/30/2008

Lucie & Greg California SC 7/19/2007 7/25/2007 1/29/2008 1/29/2008

Lanre & Kath Vermont SC 6/21/2007 7/2/2007 1/24/2008 7/16/2007

Natasha & California SC 6/19/2007 7/6/2007 1/23/2008 1/23/2008

Yijin California SC 6/19/2007 7/6/2007 1/17/2008 1/17/2008

chioma California SC 6/20/2007 7/10/2007 1/15/2008 1/15/2008

Ose & Crystal California SC 6/11/2007 7/30/2007 1/15/2008 1/15/2008

Gloria & KeithCalifornia SC 6/7/2007 8/27/2007 1/11/2008 1/11/2008

Nab & Em California SC 5/25/2007 5/25/2007 1/10/2008 1/10/2008

Adewunmi California SC 6/12/2007 8/27/2007 1/9/2008 1/9/2008

Acsah & Jake California SC 5/24/2007 6/7/2007 1/9/2008 1/9/2008

Jaser & RhondaCalifornia SC 6/6/2007 7/28/2007 1/9/2008 1/9/2008

Kamal & ManmitCalifornia SC 6/20/2007 7/7/2007 1/8/2008 1/8/2008

N. & Mohammad Vermont SC 7/7/2007 7/19/2007 12/28/2007 12/28/2007

GM & PM California SC 7/12/2007 8/6/2007 12/19/2007 12/19/2007

mari & jody Texas SC 7/13/2007 8/16/2007 12/18/2007 12/3/2007

Waleed & California SC 6/18/2007 7/23/2007 12/14/2007 12/14/2007

A & G California SC 7/6/2007 8/8/2007 12/14/2007 12/14/2007

DILI & JR California SC 5/24/2007 6/4/2007 12/13/2007 12/13/2007

Wendy & John California SC 5/22/2007 6/28/2007 12/13/2007 12/13/2007

Farah & Tariq Texas SC 6/25/2007 12/13/2007 12/13/2007

mari & jody Vermont SC 7/13/2007 8/16/2007 12/12/2007 12/3/2007

Mari & Michel California SC 7/26/2007 8/10/2007 12/11/2007 12/11/2007

Predrag & Dij California SC 7/13/2007 7/26/2007 12/10/2007 12/10/2007

elisa & kerry California SC 6/14/2007 7/25/2007 12/10/2007 12/10/2007

my love & me California SC 7/26/2007 8/14/2007 12/7/2007 12/7/2007

There is 3 examples of I129f/k3 being approved after their I130/CR1 was approved. You do not see many because most people do not send the K3 petition out so far long after they send out the I130. Please read an email I sent below to my brother in law after hours of research.

[Letter]

Here is the information I was telling you about. The USCIS is trying to approve the I129 Petition with the I130. This prevents them from having to process to separate petitions (I129F & I130) with the same information. Thus eliminating twice the work they were doing in the past. So if you get your K3 in before the I130 is processed, the USCIS will put them together and slap them both with an approval.

If both get approved together, the I129F will be forwarded to NVC and the I130 will be sent to the Nation Records Center for storage until you file for Adjustment of Status. This is the policy they announce more than a year ago in this press release: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

They had some initial problems implementing this but are now pretty good at it. If both of your petitions were going the NVC, the easiest way to tell would be to look at the NOA2 for the I130, if it says it is being forwarded to NVC, it will be forwarded. If it says you are already in the US, then it will go to storage at NRC, and it will tell you to file the I824 to get consular processing started on the I130.

The I129F will be sent to NVC. This NVC process for the I129F takes about 2 days (but could take up to 5). It only take 1 month to get an interview at the Nigerian embassy.

The NVC processing time for the I130 is 2 months. It take 2 months to get an interview with the I130. So we are looking at Micheal being here around April I the NVC gets our check or the processing. NVC will not touch our case till they get the check.

The average processing time from sent date to receipt of check notice from the NVC is an average of 8-10 days. Today makes the tenth day and the NVC still has not received payment.

Because Michael’s I 129f was not sent till 2 months late the I130 was automatically forward to the NVC with the assumption that we were not filing the I129f. They came to this assumption because no one in their right mind, who is going to go the I129f process , would wait two months to send their petition in. Especially if they are getting profession council from a lawyer. Once the NVC and embassy has the I130 they will not revisit the K3, because they do not want to do twice the work.

If Michael’s I129F petition was at the USCIS at the time they were processing the I130, He would be home with us right now.

Please review the following cases for examples of my information. NOA1 means received NOA2 means approved.

CASE 1

[Enlighten one :) 5]

When the K3 Visa was incorporated to assist married spouse to reunite during the I130 approvals. That is why they use the term "pending". To make sure that know one skips the I130 and just submits a petition for the K3 visa. The uscis looks like it is trying to eliminate a step of working on 1 person’s case on two separate occasions.

I called USCIS and they never stated that my I129f was going to be cancled. They stated that they go in order and mine will not come up for a while yet. That was a month ago.

For me, filing I-129F just delayed my overall process because they paired up my petitions then took the 129s received date as the priority date. That is at least a 1 and 1/2 month delay.

This may or may not happen to you. But looking at all the timelines around here, it seems that even if they approve your _129F, you're looking at only a month or two advantage.

Is that month or two advantage worth the hassle of having K3 visa instead of CR1?

You have a bit of risk assessment and analysis to do.

Good luck!

you're not looking at the whole picture

NVC for K3 : 30 days

NVC for CR1: 120 days

wait for interview may also take a lot more time for CR1 than for K3, depending on where the interview will take place

For a lot of us, saving a thousand dollars and being able to work right away just isn't worth the wait

husband is spending 2k on plane tickets every couple of months, waiting any longer than we should doesn't make any sense at all to us

A few months ago, we/I were/was discussed the relative merits of K3 vs CR1/IR1 visas for a spouse. My answer would have matched yours above. If working and money are less important to you than being together a couple months sooner, then K3 is what you want.

The problem is that by all but one exception, recent evidence indicates USCIS is no longer approving I-129F petitions for a spouse, if they were filed after July 28, 2007 and paid no fee. This new unannounced policy effectively renders the K3 visa unviable.