I-129F/I-130 Dilemma

[RocksAnne 0]

Oh man, our I-130 is speeding right along - it did *not* get held back because of our K3 petition, so we have two horses in the race. However (like a lot of us) we haven't yet received a NOA2 on the I-129F. Now our I-130 DS 3032/AOS Bill have been generated! Here's our dilemma:

If we pay the AOS fee right away to keep the I-130 speeding along, what happens with our I-129F? Do we have to pay another AOS fee for it? When would that be generated? Should we rush to pay the I-130 bill, knowing that the petition is probably going to come to a screeching halt once it gets Montreal anyway? The reason we added the K3 petition was so I could get to the US faster, and I don't want to abandon it and then find out that it would have eventually overtaken a stalled I-130 at some point. It's just so hard to tell what to do with everything being so backlogged and screwy right now.

[Yodrak 7]

RocksAnne,

There is no AOS fee associated with an I-130 petition. There are immigrant visa application fees.

Why do you expect that an immigrant visa application will probably "come to a screeching halt once it gets Montreal"?

Yodrak

Oh man, our I-130 is speeding right along - it did *not* get held back because of our K3 petition, so we have two horses in the race. However (like a lot of us) we haven't yet received a NOA2 on the I-129F. Now our I-130 DS 3032/AOS Bill have been generated! Here's our dilemma:

If we pay the AOS fee right away to keep the I-130 speeding along, what happens with our I-129F? Do we have to pay another AOS fee for it? When would that be generated? Should we rush to pay the I-130 bill, knowing that the petition is probably going to come to a screeching halt once it gets Montreal anyway? The reason we added the K3 petition was so I could get to the US faster, and I don't want to abandon it and then find out that it would have eventually overtaken a stalled I-130 at some point. It's just so hard to tell what to do with everything being so backlogged and screwy right now.

[simple_male 1]

Oh man, our I-130 is speeding right along - it did *not* get held back because of our K3 petition, so we have two horses in the race. However (like a lot of us) we haven't yet received a NOA2 on the I-129F. Now our I-130 DS 3032/AOS Bill have been generated! Here's our dilemma:

If we pay the AOS fee right away to keep the I-130 speeding along, what happens with our I-129F? Do we have to pay another AOS fee for it? When would that be generated? Should we rush to pay the I-130 bill, knowing that the petition is probably going to come to a screeching halt once it gets Montreal anyway? The reason we added the K3 petition was so I could get to the US faster, and I don't want to abandon it and then find out that it would have eventually overtaken a stalled I-130 at some point. It's just so hard to tell what to do with everything being so backlogged and screwy right now.

I-129F process has nothing to do with your I-130 paperwork at the NVC. You are in a good shape with your I-130. Please use the James' shortcut to save sometime which can be found at the NVC forum. For now, just wait and see to find out what happens with your I-129F petition. You don't pay any AOS Fee bill at NVC for your k-3 case. Usually, K-3 case stays at the NVC only for 1-3 weeks after USCIS sends the approval to NVC. If both cases (cr-1 and k-3) goes to the Embassy about at the same time, then Embassy cancels K-3, as cr-1 takes precedent.

[Urge To Race 2]

Oh man, our I-130 is speeding right along - it did *not* get held back because of our K3 petition, so we have two horses in the race. However (like a lot of us) we haven't yet received a NOA2 on the I-129F. Now our I-130 DS 3032/AOS Bill have been generated! Here's our dilemma:

If we pay the AOS fee right away to keep the I-130 speeding along, what happens with our I-129F? Do we have to pay another AOS fee for it? When would that be generated? Should we rush to pay the I-130 bill, knowing that the petition is probably going to come to a screeching halt once it gets Montreal anyway? The reason we added the K3 petition was so I could get to the US faster, and I don't want to abandon it and then find out that it would have eventually overtaken a stalled I-130 at some point. It's just so hard to tell what to do with everything being so backlogged and screwy right now.

Hi RocksAnne. Great to hear about your progress. Yes, this is the dilemma that I expected you to face. For me, I would pay the fees associated with the I130 (CR-1/IR-1). I would not let money hold back getting my wife here quicker. Since there is no way of telling how long the other petition will take to get approved, I would pay the fees quickly to keep the approved one going. That said, I know that not everyones circumstances are the same as mine, and you may look at it different.

For the K3 there will eventually be a fee to pay, but that will be at the consulate when/if it gets there and an interview scheduled. So, right now you have an approved I130 in the lead. You should follow through with that. The K3 will not cost you anything further until it comes from behind and passes the I130. If the I129F passes the I130 and gets to the embassy, then you have to consider whether to have the I130 sent back to the USCIS and go through with AOS after getting here on the K3. Or since you will have already paid the fees, you could come here on the K3, and then go back to Montreal for the CR-1/IR-1 interview when eventually scheduled and get your GC that way instead of AOSing. I forgot where in the States you will be locating, but Montreal isn't all that far either, so its more of a possibility than someone say from the other side of the planet.

Anyways, best of luck with your decision. Let the race continue!

Cheers

[G&A 1]

Hi RocksAnne, it is great to hear the news. I would have the same question as you have and I am a little confused by what was said above in response to you.

My concern/recommendation and this is just speculation since i have no experience with these steps yet and the folks above are more experienced:

Since you state your consulate is Vancouver and since Vancouver only processes K3s and has a 3 month faster turnaround time as compared to Montreal, I would still play the I-129F card. I would even stall the I-130 as much as possible since i would be concerned that the I-130 moving fwd will cause the I-129F to also be sent to Montreal since your file could be associated with the Montreal consulate.

[edp333 9]

The biggest advantage I see is if both your IR1 and K3 get to the Embassy at the same time. As pshbrake keeps stating you can request the K3 interview appointment be replaced with the CR1/IR1. This way you get an CR1/IR1 visa in the K3 timeline and save all the hassle and cost of adjusting status. I believe this is what simple male was referring to.

Edited July 10, 2007 by edp333

[edp333 9]

The biggest advantage I see is if both your IR1 and K3 get to the Embassy at the same time. As pshbrake keeps stating you can request the K3 interview appointment be replaced with the CR1/IR1. This way you get an CR1/IR1 visa in the K3 timeline and save all the hassle and cost of adjusting status. I believe this is what simple male was referring to.

Provided that both petitions end up at the same Embassy. Maybe it would be wise to consult the Canada Regional Discussion.

[Urge To Race 2]

Hi RocksAnne, it is great to hear the news. I would have the same question as you have and I am a little confused by what was said above in response to you.

My concern/recommendation and this is just speculation since i have no experience with these steps yet and the folks above are more experienced:

Since you state your consulate is Vancouver and since Vancouver only processes K3s and has a 3 month faster turnaround time as compared to Montreal, I would still play the I-129F card. I would even stall the I-130 as much as possible since i would be concerned that the I-130 moving fwd will cause the I-129F to also be sent to Montreal since your file could be associated with the Montreal consulate.

I understand what you're saying, but if I were RocksAnne, I would be worried about playing a card that is buried right now at CSC. I would want to play the card in hand, the I130 She is very fortunate to have gotten such a quick approval of the I130. The I129f might not get approved until September or October. So, the question is how quickly does Vancouver schedule K3 interviews. If a September or October approval comes with a November K3 interview, RocksAnne might be able to get a IR1/CR1 interview in November too. Especially if she speeds the case through the NVC using James' shortcuts.

I would worry about the I129F sitting there for quite some time. with heaps of others We've seen March filers still hanging out on the site waiting for their I129Fs earlier this month, some still waiting.

Edited July 10, 2007 by Urge To Race

[RocksAnne 0]

I have to go to town so I'll write more later, but I just wanted to quickly reply that my I-129F will not be going to the same embassy as the I-130, the I-129F will be going directly to the Vancouver embassy and the I-130 will be going to Montreal. The problem with Montreal right now is they are extremely bogged down and very much behind in scheduling interviews. Vancouver is supposed to be very fast.

Also, my I-129F is not at CSC, it's at VSC which *was* faster than California but now also seems to be slowed down. Hence my dilemma at trying to second guess which petition was going to blow thru faster! And the AOS I'm referring to is the Affadavit of Support fee bill, which I was pretty sure I had to pay, I just didn't know if it had to be paid for the I-129F before the interview or later when adjusting status?

Be back later!

[Yodrak 7]

RocksAnne,

Thanks for the clarification. The USCIS does not charge a fee for processing the I-864 for adjustment of status.

(Neither Montreal nor Vancouver is an embassy, they are consulates. The US embassy in Canada is in Ottawa.)

Yodrak

I have to go to town so I'll write more later, but I just wanted to quickly reply that my I-129F will not be going to the same embassy as the I-130, the I-129F will be going directly to the Vancouver embassy and the I-130 will be going to Montreal. The problem with Montreal right now is they are extremely bogged down and very much behind in scheduling interviews. Vancouver is supposed to be very fast.

Also, my I-129F is not at CSC, it's at VSC which *was* faster than California but now also seems to be slowed down. Hence my dilemma at trying to second guess which petition was going to blow thru faster! And the AOS I'm referring to is the Affadavit of Support fee bill, which I was pretty sure I had to pay, I just didn't know if it had to be paid for the I-129F before the interview or later when adjusting status?

Be back later!

[pushbrk 13,069]

Oh man, our I-130 is speeding right along - it did *not* get held back because of our K3 petition, so we have two horses in the race. However (like a lot of us) we haven't yet received a NOA2 on the I-129F. Now our I-130 DS 3032/AOS Bill have been generated! Here's our dilemma:

If we pay the AOS fee right away to keep the I-130 speeding along, what happens with our I-129F? Do we have to pay another AOS fee for it? When would that be generated? Should we rush to pay the I-130 bill, knowing that the petition is probably going to come to a screeching halt once it gets Montreal anyway? The reason we added the K3 petition was so I could get to the US faster, and I don't want to abandon it and then find out that it would have eventually overtaken a stalled I-130 at some point. It's just so hard to tell what to do with everything being so backlogged and screwy right now.

I-129F process has nothing to do with your I-130 paperwork at the NVC. You are in a good shape with your I-130. Please use the James' shortcut to save sometime which can be found at the NVC forum. For now, just wait and see to find out what happens with your I-129F petition. You don't pay any AOS Fee bill at NVC for your k-3 case. Usually, K-3 case stays at the NVC only for 1-3 weeks after USCIS sends the approval to NVC. If both cases (cr-1 and k-3) goes to the Embassy about at the same time, then Embassy cancels K-3, as cr-1 takes precedent.

This is correct until you get to the last statement. It's can be better than that. The K3 process will continue independantly but if an interview date is scheduled for a date after the CR1 petition arrives, the K3 interview date will be used for a CR1 interview. The Consulate only "cancels" the K3 if they instead conduct an interview for a CR1 visa. They will not conduct an interview for a K3 visa if the CR1 case is on station by then.

It is uncommon for the I-130 to precede the I-129F to any Consulate and that has not yet happened in your case. There are no more fees to pay for the K3 between now and the visa fee paid on or near the interview date. So, if I were in your shoes, I would keep whipping the I-130 horse and let the I-129F run free.

[Gaby&Talbert 1]

The NVC does charge for processing the 864 becuase i did get a bill when my i-130 got there before my i-129 and I started paying the fees. My i-129 got there a month after my i-130 and I it went to the consulate very quickly and an appointment was scheduled. We chose the K3 because it happened very quickly once the USCIS approved it. I wanted my wife with me right away. I called the consulate and they were processing K visa faster than CR1 and I chose the faster route.

[Urge To Race 2]

I have to go to town so I'll write more later, but I just wanted to quickly reply that my I-129F will not be going to the same embassy as the I-130, the I-129F will be going directly to the Vancouver embassy and the I-130 will be going to Montreal. The problem with Montreal right now is they are extremely bogged down and very much behind in scheduling interviews. Vancouver is supposed to be very fast.

Also, my I-129F is not at CSC, it's at VSC which *was* faster than California but now also seems to be slowed down. Hence my dilemma at trying to second guess which petition was going to blow thru faster! And the AOS I'm referring to is the Affadavit of Support fee bill, which I was pretty sure I had to pay, I just didn't know if it had to be paid for the I-129F before the interview or later when adjusting status?

Be back later!

Right, you're at VSC, forgot about that. Still wouldn't hold my breath hoping that it gets approved quicker than you can get CR1-/IR-1 interview, and thus take time sending in the fees for the I130. Your position is great right now. If your I129F gets approved in the next few weeks and gets to the consulate, then all the other considerations come into play. (Will the CR-1/IR-1 be done at NVC so you can use the K3 interview for CR-1/IR-1, put the I130 on hold, AOS vs. going back eventually for the CR-1/IR-1 interview). If not, you'll be glad you "whipped that I130 horse" as you might just get that interview before any movement on the I129F.

Cheers

[G&A 1]

Right, you're at VSC, forgot about that. Still wouldn't hold my breath hoping that it gets approved quicker than you can get CR1-/IR-1 interview, and thus take time sending in the fees for the I130. Your position is great right now. If your I129F gets approved in the next few weeks and gets to the consulate, then all the other considerations come into play. (Will the CR-1/IR-1 be done at NVC so you can use the K3 interview for CR-1/IR-1, put the I130 on hold, AOS vs. going back eventually for the CR-1/IR-1 interview). If not, you'll be glad you "whipped that I130 horse" as you might just get that interview before any movement on the I129F.

Cheers

I am not sure this is accurate "you can use the K3 interview for CR-1/IR-1". The CR-1 Interview will be in Montreal and the K3 in Vancouver. There is no substitution here.

I still disagree with the advice given and say you should wait for the I-129F. Here are the timelines from NOA2 to interview.

CR-1/IR-1 Montreal, Canada 239 days (8 months)

K-3 Vancouver, Canada 57 days (2 months)

Do you get my point?

of course you can argue that you can pay the fee and have the I-130 be sent to Montreal (to get stuck there in the backlog) and also wait for the I-129F and hope that goes to Vancouver. My concern (as stated above) is that the I-129F will also be sent to Montreal (as that will be codded as your consulate) and end up stuck in the backlog either way. It is a tough decision.

Edited July 10, 2007 by G&A

[Yodrak 7]

G&A,

Several posters seem to have missed the 2 different consulates issue in this case.

In any event, depending on circumstances, RocksAnne may prefer an immigrant visa from Montreal over adjustment of status should the K3 visa come through first.

Yodrak

Right, you're at VSC, forgot about that. Still wouldn't hold my breath hoping that it gets approved quicker than you can get CR1-/IR-1 interview, and thus take time sending in the fees for the I130. Your position is great right now. If your I129F gets approved in the next few weeks and gets to the consulate, then all the other considerations come into play. (Will the CR-1/IR-1 be done at NVC so you can use the K3 interview for CR-1/IR-1, put the I130 on hold, AOS vs. going back eventually for the CR-1/IR-1 interview). If not, you'll be glad you "whipped that I130 horse" as you might just get that interview before any movement on the I129F.

Cheers

I am not sure this is accurate "you can use the K3 interview for CR-1/IR-1". The CR-1 Interview will be in Montreal and the K3 in Vancouver. There is no substitution here.

I still disagree with the advice given and say you should wait for the I-129F. Here are the timelines from NOA2 to interview.

CR-1/IR-1 Montreal, Canada 239 days (8 months)

K-3 Vancouver, Canada 57 days (2 months)

Do you get my point?

of course you can argue that you can pay the fee and have the I-130 be sent to Montreal (to get stuck there in the backlog) and also wait for the I-129F and hope that goes to Vancouver. My concern (as stated above) is that the I-129F will also be sent to Montreal (as that will be codded as your consulate) and end up stuck in the backlog either way. It is a tough decision.

Edited July 10, 2007 by Yodrak