We hired a useless lawyer who totally screwed up our application.
Anyways the I-130 was filed in about 3 months before the I-129F and now we "should" be approved soon for the fist one when the other one won't be touched untill February at the best.

Can we yes or no drop the K-3 and go on with the IR-1/CR-1 now?

Thank you for your advice.

It looks like, from your timeline that your I-130 should be approved soon. You can withdraw the I-129 petition and state you with to continue with the I-130 (or have the lawyer do it) by sending a letter to USCIS.

The two petitions are interlinked, one VJ member attempted to drop the I-129F filing for K-3 only to have USCIS drop the whole petition including the I-130

You need to decide on either K-3 or CR-1 before filing the I-129F for the K-3.

Thank you for your advice, it looks like I'm stuck with the K-3 now unfortunately then.

I try and stay away from K3 at all costs... it is a more intensive background investigation and may end up leading to longer time until resolution.

I would stay with the IR-1/CR-1. They are both running about the same time to process, within a few months anyway, and the IR-1/CR-1 gives a green card upon completion (which includes ability to work). There is no need to file and wait (several more months) for Adjustment of Status which costs an additional $1k.

Once you file the I-129F, the choice to stick with IR-1/CR-1 is no longer available. The policy on this changed a year ago.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If you want an immigrant visa, don't file an I-129F.

I talk to USCIS today and found out that they actually send the first of the two that get approved. My wifes K-3 and IR1/CR1 got approve at the same time so the sent the K3 to NVC. BUT I called the USCIS and I was told to go to my local office and talk to a Immigration Officer. He advised they will forward the IR1/CR1 if you go and see them. Also someone sent me this link about adjusting your case. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

You posted the same link I did. Yes, they forward the first one approved but they process the two petitions together to assure they approve and forward the I-129F and hold the I-130. That's the point. Sure, they'll send the I-130 on later, if you ask them by using the I-824 and associated fee, then wait a few or more months.

If you want an immigrant visa, don't file and I-129F.

Hi Christine John

I think it depends on how you fill in the forms, esp on where the interview is to be conducted ( i can't remember which question it is on the forms now - both 129F & 130) . I filed the 129F and the I30 as well. The 129F got approved first, followed by the 130.

I waited a couple of weeks to see the progress of the cases . When i checked with NVC, i found that they had received the 130 and were processing the case. Apparently the 129F had already been forwarded to the embassy. Sure enough, i received a letter from the embassy saying that they had the documents for my 129F ready and that i could come in for an interview.

Because i knew that the NVC was processing my 130, i decided not to go for the 129F interview as we had decided to go for the CR1 instead. Hubby and I did not fill in any other paperwork or request to cancel the 129F.

A few months later, my 130 at the NVC was completed. It was subsequently sent to the embassy and i was scheduled an interview in Dec. Visa obtained 1 week later. (Thank you God!)

The CR1 definately took a couple more months than the K3 visa - 4 months longer to be exact but that worked out well for us because of our plans.

I am not sure if there is still process issues at the USCIS in implementing the new procedure and some cases were still being sent through during my timeline. My Visa journey began in early 2007, just a few months after the notice came out.

I just know that i was VERY relieved that the 130 had been received and processed at the NVC because i had seen the same link as well. I believe it really depends on how the question re: place of interview is to be done. We had the same location for both i.e Malaysia.

Good Luck! Merry Xmas & Happy 2008 to all Vjers .Really couldnt have done it without the forum, the GREAT Guides and FAQ!!Thank you thank you!!

Warmest - Goingto Maine ( yes! i'm sooo glad its finally done!)

How is it intensive background checks? I see that NVC forwards the case right away to the consulate incase of K3 v/s IR1, The IR1 in some cases has taken 3 months to make it's way to the Consulate for scheduling(recently)
How about clarifying your advice?
thanks once again
M