please clarify this for me...pretty please.

[Zcheva 0]

Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

i dont get it.. please explain to me in as simple as possible..

[Inky 1,110]

If the K3 and the CR1 petitions are approved at the same time. The K3 is canceled. Your only option then is go to the path of the CR1.

K3 is CLOSED at NVC. You cannot do K3.

[Darnell 8,478]

K-3 'viability' - or 'need to utilize' only is relevant

when

the I-130 has not been approved yet, at USCIS.

The past 3 years (or more)

USCIS has been 'joining up' I-129Fs with I-130s, usually approving them on the same day,

then

the 2 casefiles travel together, from

USCIS into

NVC.

Up until 1 FEB 2010, NVC would 'allow' the I-129F to continue to the Embassy, even with a 'parallel' I-130 Approval.

After 1 FEB 2010, NVC stopped this 'forwarding' for I-129Fs, for any K-3 hopefuls.

IMO, a K-3 is useless, as the NEED for a K-3 is dead when the I-130 is approved.

NVC sees it the same way, thankfully - no need for any K-3 when the APPROVED I-130 and I-129F petitions arrive together.

The K-3 visa was created out of the 'Life Act', and was truly useful in rejoing families quicker,

when an I-130 petition was taking 12 to 32 months to 'get approved' at USCIS. One of the main holdups was the namechecks, and thanks to mega/mondo automation with the FBI and the rest of the namecheck systems, a namecheck can be performed in under 2 months for 'first level', then if 2nd level is needed, in/out of 120 days for all - see http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html for the big descriptions of all the namechecks a casefile goes through.

These approval times have diminished down to 6 months, with a possibility of 5 months now.

as to 'why NVC administratively closes it' -

An approved I-130 negates the need for the approved I-129F - so when both travel together to NVC, NVC 'tosses' the I-129F - there's actually some guidance on this IN the Life Act, then further clarification in the CFR.

HEY ! with an APPROVED I-130 @ NVC, any I-129F is needless, the 'time factor' is lost.

My apologies for not being simple, alas. I will try it again, in a later post, later tonight, to 'be simple'.

now what? were you a K-3 hopeful? ouch - you really should read this -> http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

If you were hoping for any K-4, derivative visa, for any children - you really should jumpstart/expedite a new I-130 at USCIS on each child - see http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125 for the packaging template info. This is one expedite 'reason' that is actually valid, and has a high probability of 'going fast'.

Edited September 29, 2010 by Darnell

[Darnell 8,478]

ok - simple version.

When applying for a spousal visa, many people are unaware

that if the 'secondary petition' , the I-129F is filed to USCIS,

then NVC will close the approved I-129F when it

arrives at NVC with the approved I-130.

Is nice battle between USCIS and NVC. You, the petitioner, lose this battle.

CR-1 Good. K-3 Unattainable, mostly.

[Darnell 8,478]

FWIW - If yer filing a I-129F for a K-1 visa -

then all of this does not apply to you -

the only 'commonality' here is the I-129F petition,

and K-3 'hopefuls' file this petition, after the I-130 is filed.

If you stick with yer K-1 path, this will absolutely not even apply to you.

[Zcheva 0]

FWIW - If yer filing a I-129F for a K-1 visa -

then all of this does not apply to you -

the only 'commonality' here is the I-129F petition,

and K-3 'hopefuls' file this petition, after the I-130 is filed.

If you stick with yer K-1 path, this will absolutely not even apply to you.

thank u so much for your response. the reason for us taking the spousal visa is that. I want my family to witness our union. and it would be expensive if they travel to the US. so we have decided to marry in the philippines where i live. hence, were filing the k3 or cr1 ..which ever is faster..

[Darnell 8,478]

ok - 'whichever is faster'

stay focused on the CR-1 - as the K-3 is unattainable.

[diamondeve21 0]

K-3 'viability' - or 'need to utilize' only is relevant

when

the I-130 has not been approved yet, at USCIS.

The past 3 years (or more)

USCIS has been 'joining up' I-129Fs with I-130s, usually approving them on the same day,

then

the 2 casefiles travel together, from

USCIS into

NVC.

Up until 1 FEB 2010, NVC would 'allow' the I-129F to continue to the Embassy, even with a 'parallel' I-130 Approval.

After 1 FEB 2010, NVC stopped this 'forwarding' for I-129Fs, for any K-3 hopefuls.

IMO, a K-3 is useless, as the NEED for a K-3 is dead when the I-130 is approved.

NVC sees it the same way, thankfully - no need for any K-3 when the APPROVED I-130 and I-129F petitions arrive together.

The K-3 visa was created out of the 'Life Act', and was truly useful in rejoing families quicker,

when an I-130 petition was taking 12 to 32 months to 'get approved' at USCIS. One of the main holdups was the namechecks, and thanks to mega/mondo automation with the FBI and the rest of the namecheck systems, a namecheck can be performed in under 2 months for 'first level', then if 2nd level is needed, in/out of 120 days for all - see http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html for the big descriptions of all the namechecks a casefile goes through.

These approval times have diminished down to 6 months, with a possibility of 5 months now.

as to 'why NVC administratively closes it' -

An approved I-130 negates the need for the approved I-129F - so when both travel together to NVC, NVC 'tosses' the I-129F - there's actually some guidance on this IN the Life Act, then further clarification in the CFR.

HEY ! with an APPROVED I-130 @ NVC, any I-129F is needless, the 'time factor' is lost.

My apologies for not being simple, alas. I will try it again, in a later post, later tonight, to 'be simple'.

now what? were you a K-3 hopeful? ouch - you really should read this -> http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

If you were hoping for any K-4, derivative visa, for any children - you really should jumpstart/expedite a new I-130 at USCIS on each child - see http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125 for the packaging template info. This is one expedite 'reason' that is actually valid, and has a high probability of 'going fast'.

I am assuming my I130 will get approved faster since I filed the K3 2 month later but my question is will the K3 slow down the I130's approval process?

Thanks!

[Darnell 8,478]

I am assuming my I130 will get approved faster since I filed the K3 2 month later but my question is will the K3 slow down the I130's approval process?

Thanks!

This is a false assumption, alas.

The filing of an I-129F actually slows down the process -

as the I-130 is yanked out of it's initial queue

to join up with the I-129F -

which has a later queue position,

because you (by regulations) filed the I-129F after (repeat AFTER) the I-130.

Mostly, this sucks.

IMO, this sucks LOADS.

Any 'reasoning' for the I-129F, to get a K-3 visa, is absolutely, totally negated - see http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

and prepare yerself, O China-Bound Petitioner, to play at NVC - via NVC Electronic Processing -- see -->> http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing

Good Luck, and GodSpeed !

[diamondeve21 0]

This is a false assumption, alas.

The filing of an I-129F actually slows down the process -

as the I-130 is yanked out of it's initial queue

to join up with the I-129F -

which has a later queue position,

because you (by regulations) filed the I-129F after (repeat AFTER) the I-130.

Mostly, this sucks.

IMO, this sucks LOADS.

Any 'reasoning' for the I-129F, to get a K-3 visa, is absolutely, totally negated - see http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

and prepare yerself, O China-Bound Petitioner, to play at NVC - via NVC Electronic Processing -- see -->> http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing

Good Luck, and GodSpeed !

OMG!!! This makes me sooo mad because the lawyerS I asked all said it has no effect which is why I filed it! I will give them a call first thing tomorrow morning!

[diamondeve21 0]

This is a false assumption, alas.

The filing of an I-129F actually slows down the process -

as the I-130 is yanked out of it's initial queue

to join up with the I-129F -

which has a later queue position,

because you (by regulations) filed the I-129F after (repeat AFTER) the I-130.

Mostly, this sucks.

IMO, this sucks LOADS.

Any 'reasoning' for the I-129F, to get a K-3 visa, is absolutely, totally negated - see http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

and prepare yerself, O China-Bound Petitioner, to play at NVC - via NVC Electronic Processing -- see -->> http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing

Good Luck, and GodSpeed !

Can I contact them and cancel the K3? Would this put the I130 back in its orginal place?

[Darnell 8,478]

OMG!!! This makes me sooo mad because the lawyerS I asked all said it has no effect which is why I filed it! I will give them a call first thing tomorrow morning!

IF you have a lawyer attached to yer casefiles -

if a G-28 was filed with the I-130 -

then

I strongly suggest to you

that you 'ding' yer lawyer

in the form of a

'f-up' invoice back to him/her

For this f-up, since it's gonna cost you up to 9 weeks (IME)

you should be asking for a rebate / offset of at least 450 USD.

That's four-hundred and fifty dollars, US Dollars, US Currency.

Good Luck !!!

seriously, review http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/ and note that it came from a USCIS website at http://travel.state.gov/visa/immigrants/types/types_2993.html#21

If you actually paid attorney's fees - wei - ding him back for his stupidity. If he refuses to comply, remove him at the NVC stage, take his @ss to small claims court, report to ILW.COM and the BBB for yer area.

Edited October 2, 2010 by Darnell

[diamondeve21 0]

IF you have a lawyer attached to yer casefiles -

if a G-28 was filed with the I-130 -

then

I strongly suggest to you

that you 'ding' yer lawyer

in the form of a

'f-up' invoice back to him/her

For this f-up, since it's gonna cost you up to 9 weeks (IME)

you should be asking for a rebate / offset of at least 450 USD.

That's four-hundred and fifty dollars, US Dollars, US Currency.

Good Luck !!!

seriously, review http://www.visajourn...eived-together/ and note that it came from a USCIS website at http://travel.state....es_2993.html#21

If you actually paid attorney's fees - wei - ding him back for his stupidity. If he refuses to comply, remove him at the NVC stage, take his @ss to small claims court, report to ILW.COM and the BBB for yer area.

But how do I prove that K3 slows down the process? I asked two lawyers and both said it doesnt...