My patience is GONE.

[kcmetzy 0]

Here I go again..more "what ifs"

What if I went ahead and tried the K-3 route? We tried the CR1 route and its just not working. We are finished with the NVC but sorry I CANNOT wait 7 months-ish. I want to throw up thinking about it.

I have a couple of questions:

1) Apparently, since the July 30th fee increase, there is no fee for an I-129F. WOOHOO! It says to send it where you have a "pending" I130. I don't have a pending I-130 anymore its been approved and sent on to the NVC. I just have no clue where to send the form?!?! My I-130 was approved through the CSC. The only thing is, originally, I was supposed to go through TCS for the I-130 but they transferred it to CSC. Would it go to TX or CA?!

2) Once the I129F is approved and sent to the NVC, do I have to redo my affidavit of support and other forms that I already submitted for the CR1 route that has been accepted?

3) Let's just say all of that goes quickly (yeah right) and he gets an interview in Vancouver then moves to the U.S., can we still continue on the CR1 route, or will he be forced to adjust status in the U.S.? It would be nice to keep the CR1 option open and just fly up to MTL whenever he is scheduled an interview.

I know this is a waste of my thinking and time but I am so sick over this CR1 #######.

[pushbrk 12,898]

Here I go again..more "what ifs"

What if I went ahead and tried the K-3 route?

It says to send it where you have a "pending" I130. I don't have a pending I-130 anymore its been approved and sent on to the NVC.

The question is asked and answered. K3 is out of the question if your I-130 is approved before filing an I-129F.

There's no fee for the I-129F but there is for the visa, $100 and the adjustment of status, $1010.

Edited September 27, 2007 by pushbrk

[YuAndDan 153]

If the I-130 has already gone NOA2 and is now at NVC, filing I-129F won't speed anything up, K-3 (I-129F) needs to be filed between I-130 NOA1, and NOA2.

At this point the CR-1 will beat any K-3 that is filed for.

Also adjustment of status from a K-3 is $1010, the CR-1 gets a green-card upon entry, allowing the IMMIGRANT to work.

K-3 needs to file for EAD and the NON-Immigrant may have to wait up to 90 days to get that document allowing work.

[kcmetzy 0]

Here I go again..more "what ifs"

What if I went ahead and tried the K-3 route?

It says to send it where you have a "pending" I130. I don't have a pending I-130 anymore its been approved and sent on to the NVC.

The question is asked and answered. K3 is out of the question if your I-130 is approved before filing an I-129F.

There's no fee for the I-129F but there is for the visa, $100 and the adjustment of status, $1010.

I honestly don't care how much it costs..but oh well, it's out of the question anyway. Thanks for giving me a piece of mind. I don't have to wonder "what if" anymore.

[YuAndDan 153]

My I-130 was approved through the CSC. The only thing is, originally, I was supposed to go through TSC for the I-130 but they transferred it to CSC. Would it go to TX or CA?!

Texas and Nebraska have been forwarding all family based visa petitions to California, and have been doing that for well over a year now. People still send petitions to the center specified in the directions though.

Again I-129F for K-3 needs to be filed while I-130 is "PENDING" approval at USCIS, not after the I-130 has been approved.

Your CR-1 is now in the HOME Stretch, the Consulate will get the petition well before any K-3 petition, and would just toss the K-3 in favor of the superior CR-1 visa.

Edited September 27, 2007 by YuAndDan

[questworldz 0]

Hold your horses there, just hang on tight. My NVC process was completed in about 3 months. Just be patient bro, it'll be easier if you stick to the CR1 route. Less hassle, less paperwork, and umm have we mentioned that it costs a lot less too?

[djc 0]

Hang on now, I think you guys don't know all the pieces to the madness.

After the CR1 is completed, Montreal is taking over 6 months to even schedule an interview (with no end to the waiting in sight), so at the very least, 7 more months of waiting (if we are lucky and they start scheduling CR1s).

The K3 visas are being blown through in a matter of 6-8 months, possibly quicker if you interview through Vancouver.

Soo? There is a reason for the madness.

I went to the .gov websites and could not find anything that specifically said that the 129F had to be filed between the NOA1 and NOA2. Can you guys please reference where you found that info? I am really interested as well.

[MargotDarko 0]

Hang on now, I think you guys don't know all the pieces to the madness.

After the CR1 is completed, Montreal is taking over 6 months to even schedule an interview (with no end to the waiting in sight), so at the very least, 7 more months of waiting (if we are lucky and they start scheduling CR1s).

The K3 visas are being blown through in a matter of 6-8 months, possibly quicker if you interview through Vancouver.

Soo? There is a reason for the madness.

I went to the .gov websites and could not find anything that specifically said that the 129F had to be filed between the NOA1 and NOA2. Can you guys please reference where you found that info? I am really interested as well.

A I-129f for spouse can only be filed when the I-130 is pending. Regardless of that though, even if the K3 only took five to six months, is one to two extra months in the states really worth $1,110 USD plus waiting at least 90 days for work authorisation? And also waiting longer to be able to file for naturalisation if that's something they want to do.

Edited September 28, 2007 by MargotDarko

[pushbrk 12,898]

Hang on now, I think you guys don't know all the pieces to the madness.

After the CR1 is completed, Montreal is taking over 6 months to even schedule an interview (with no end to the waiting in sight), so at the very least, 7 more months of waiting (if we are lucky and they start scheduling CR1s).

The K3 visas are being blown through in a matter of 6-8 months, possibly quicker if you interview through Vancouver.

Soo? There is a reason for the madness.

I went to the .gov websites and could not find anything that specifically said that the 129F had to be filed between the NOA1 and NOA2. Can you guys please reference where you found that info? I am really interested as well.

A I-129f for spouse can only be filed when the I-130 is pending. Regardless of that though, even if the K3 only took five to six months, is one to two extra months in the states really worth $1,110 USD plus waiting at least 90 days for work authorisation? And also waiting longer to be able to file for naturalisation if that's something they want to do.

You won't find that specific negative statement in regulations. As MargoDarko indicates, you'll find the regulation makes the positive statement that the I-129F for spouse must be filed when an I-130 is pending. Approved petitions are no longer pending.

[MissStacey 1]

We filed for my K3 after the I 130 was approved.

I guess the reason my K3 went though was because we had to file an I 824 for the I 130 to be sent to the NVC. Knowing that the I 824 alone could take 6 months was the reason we filed K3.

That stupid I 824 was finally approved after I was back in the US with a K3.

I know this is hard but be patient- at least with CR 1- you will get your conditional greencard and not have to worry about AOS.

[LadyJane 1]

Even though the wait is longer for the CR1 visa, I'd say that it will save you much more time and hassle in the long run. Montreal wait times considered.

Stick it out with us kc...us Canuck CR1's need to stick together! In the end your visa is done and you'll have work authorization immediately.

[djc 0]

A I-129f for spouse can only be filed when the I-130 is pending. Regardless of that though, even if the K3 only took five to six months, is one to two extra months in the states really worth $1,110 USD plus waiting at least 90 days for work authorisation? And also waiting longer to be able to file for naturalisation if that's something they want to do.

Yes, it is totally worth that amount of money. Why? We spend over that amount of money, renting a house and paying bills in Canada, in one month. We live close enough to the border so we can still work in Canada, and live in the States. EAD and a thousand dollars is not an issue.

[kim-786 0]

Here I go again..more "what ifs"

What if I went ahead and tried the K-3 route? We tried the CR1 route and its just not working. We are finished with the NVC but sorry I CANNOT wait 7 months-ish. I want to throw up thinking about it.

I have a couple of questions:

1) Apparently, since the July 30th fee increase, there is no fee for an I-129F. WOOHOO! It says to send it where you have a "pending" I130. I don't have a pending I-130 anymore its been approved and sent on to the NVC. I just have no clue where to send the form?!?! My I-130 was approved through the CSC. The only thing is, originally, I was supposed to go through TCS for the I-130 but they transferred it to CSC. Would it go to TX or CA?!

2) Once the I129F is approved and sent to the NVC, do I have to redo my affidavit of support and other forms that I already submitted for the CR1 route that has been accepted?

3) Let's just say all of that goes quickly (yeah right) and he gets an interview in Vancouver then moves to the U.S., can we still continue on the CR1 route, or will he be forced to adjust status in the U.S.? It would be nice to keep the CR1 option open and just fly up to MTL whenever he is scheduled an interview.

I know this is a waste of my thinking and time but I am so sick over this CR1 #######.

K-3 is only for those whose I-130 is pending at the service center. You have no choice now. Sorry. Good luck to to you

[trailmix 77]

K-3 is only for those whose I-130 is pending at the service center. You have no choice now. Sorry. Good luck to to you

I don't think we have seen any documentation that supports this.

Stacy has already stated that she applied for her K3 after her application was approved.

I will be interested to see what the OP finds out.