K-3 Not Being Processed b/c of I-130?

[Yanchik1204 0]

I am a USC, and filed an I-130 & I-129F for my Israeli husband in April 2013. Both were sent to NBC. The K3 should have been processed by now, so I put in a service request on 11/20/13. Two weeks later, I received a transfer/processing notice about the I-130. USCIS says no action whatsoever has been taken on the K-3 - it is just sitting at NBC. Does this mean they will not process the K-3 and go forward with the I-130? good or bad?

[Harpa Timsah 13,258]

K-3 has been virtually unobtainable for years now. You are on the CR-1 path, despite the filing of the I-129F. They matched up the petitions, they will go at the pace of the I-130, and then the I-129F will be closed once your file goes to NVC.

[aaron2020 11,651]

By filing the I-130 and the I-129f, you are pursing 2 paths for your husband to immigrate.

The I-129f requires an extra step - adjustment if status after your husband enters the US. It will take 2-3 months for him to get work authorization and 6 months to get a green card.

The I-130 gets your husband a green card immediately after her enters the US and he can work rigt away.

Since the I-130 is superior to the I-129f, the US government presumes you would rather go the I-130 route if the time frame for getting the spousal visa not significantly longer than the K-3.

There was a time when the spousal visa took years and it was quicker to go with the K-3. However, the difference now is so close that the K-3 is obsolete despite still being available.

Personally, applying for the K-3 is a complete waste of time and money IMHO.

You are fine. The I-129f will be ignored now that the I-130 is being processed.

Edited December 7, 2013 by aaron2020

[Yanchik1204 0]

Thank you both! Very helpful info.

[etrangais 947]

I am a USC, and filed an I-130 & I-129F for my Israeli husband in April 2013. Both were sent to NBC. The K3 should have been processed by now, so I put in a service request on 11/20/13. Two weeks later, I received a transfer/processing notice about the I-130. USCIS says no action whatsoever has been taken on the K-3 - it is just sitting at NBC. Does this mean they will not process the K-3 and go forward with the I-130? good or bad?

If I'm reading this correctly, your I-130 has been transferred as a result of the service request on the I-129F?

[Yanchik1204 0]

That's what I'm trying to figure out. I made a service request about the I-129F because that is the application that was taking too long. They said to expect a letter by December 5, 2013. I did get a letter, but it was specifically about the I-130. So I am thinking you guys are right -- they won't bother processing the I-129F.

[etrangais 947]

In your case I guess it was time for your I-130 to be transferred anyway since you are an April filer.

the I-130 saves money and time overall.

[SVL 3]

My I129F and I130 were both transferred to Nebraska Service Center on Dec.4

Earlier in response to enquiry thro Congressman, USCIS had replied that both I130 and I129F will be processed at the same time. So there is really no point in applying for K3 visa.

[bukerjw 0]

It's looking like it is true that the I129f is only ever processed along with the I130, even with the big delay in processing this last year. Which is unfortunate, because despite what some people here say, the I129f is sometimes a better option, especially if the timeline USCIS gives would be followed.

For me, we live on the west coast of Canada, and round trip airfare for our family of 3 to Montreal (only Montreal processes I130, but Vancouver processes I129f I believe) eats up the difference in cost between IR and the K3 route. Also, it is a big hassle for us to all travel to Montreal with our little one, find a place to stay, etc.

And since immigrant's work in Canada will continue once we move to the US, there is really little benefit in being immediately able to work in the US, or waiting a little while to get my SSN the K3 route. Yes, more paperwork, but that's no sweat if it would only mean being able to move sooner. (Which sadly it does not.)

Edited December 15, 2013 by bukerjw

[NikLR 13,227]

It's important to do all your research..

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

Add on top of this, the USCIS's policy since 2010+ (may have been 2011 or 2012) is to join up the I-130 and I-129f. That is why the NVC created this policy, they were tired of doing K3 visas when there was an approved I-130. Partially because they miss out on the money (suddenly the USCIS gets another $1070 instead of the NVC getting $230 and $88) and partially because it's more work for them to do more visa types.

USCIS = Department of Homeland Security

NVC = Department of State

Edited December 16, 2013 by NLR