Hello everyone i wanted to ask everyone's option.... I called USCIS again on Tuesday and I wanted an update on my case and the officer was trying to be nice and she even asked me which route I wanted to take if she took on my case. She said that the I-129F can be re-opened not a problem. She gave me a choice which I wanted, I was so upset that I just said that I would perfer the I-130 but I wanted my husband with me faster because I been waiting since 2006 to have him with me.
I was so upset that I started to cry on the phone her, she was nice and said that she would try her best to give me an update and would call me back. Of course she didn't call me back, but what I am wondering which route would bring him sooner? Has anyone taken notes on this? Any information would be really helpful!!!
Maybe I can call them back again and follow-up..... Hope is all I have left

Nita

If you want him here faster you should choose the I-129F, but this is a decision that you really need to make yourself. I had my reasons for K3 and you should have your own too. If you are willing to pay the $1010 for AOS then take the K3 to get him here faster if that is what you really need and want. Goodluck to you both.

hey nita,

wish i could see and read your timeline signaure here... would help you out.... these days CR and K3 visasa take more or less the same time.... i guess ur married...the best way is to go for the IR/CR visa..... so that you dont again have to adjustment of status once hubby is here with you.


Jigi

Yes, so they say I-129F is faster, but it doesn't seem that it does make a difference, plus my I-129F was already cancelled on 1/24/08 but when i called back she said that she could re-open it. I thought this interesting, and I was confused and was wondering if this would cause a problem for our I-130? Also I got a touched on my I-130 yesterday but not my I-129F....

Nita

Generally, the 129-F is faster. The benefit of the I-130 is that they get a social security number faster here in the US and it's cheaper.

Keep in mind, though, as a man from the middle east, your husband may have administrative processing and that could add some waiting time AFTER THE CONSULATE INTERVIEW. This if for both the I-129 and the I-130.

Here is our timeline

I - 130
May 13, 2006 – Got married to my love
sent: 11. 20. 2006
NOA1: 11. 28. 2006 (notice date)
7.24. 2007 touched (called to Upgrade)
8.24. 2007 touched (call)
9.24.2007 – Received notice that status was upgraded on July 24, 2007 to US Citizen Status
10. 26. 2007 -Touched (call)
11.27.07 – Sent letter to my congressman to open Inquiry to check status
12.13.07 – Congressman replied stating that he would look into my petitions
12.13.07 – Called USCIS asking for service request
1.4.08 – Received another letter from my congressman telling me that he had heard back from USCIS and that it would take additional 45 days to find out anything 
1.4.08 – Called USCIS to request another service request
1.15.08 – Noticed that both my Petitions were touched on this date – yeahhh I pray to GOD that we hear something soon!!
1.15.08 – send Case Problem submission to CIS Ombudsman
1.24.08 –(Touched) Called USCIS Still pending with Security check
1.31.08 – (touched) Called USCIS – Still pending
2.1.08 – Touched
2.1.08 – Send 5 letters off to various people in US Govt.
2.5.08 – (Touched) Called USCIS and ask which route I preferred I-130 or K-3
2.6.08 – Noticed it was touched

I - 129F (K3)
sent: 07.24. 2007
NOA1: 08. 24. 2007 (notice date), they will go with the date 8.1.07 (date it was in their mailroom)
8.24.2007 – I-130 and I-129F were combine at the California Service Center
9.24.07 – Touched (call)
10.26.07 – Touched (call)
11.27.07 – Sent letter to my congressman to open Inquiry to check status
12.13.07 – Congressman replied stating that he would look into my petitions
1.4.08 – Received another letter from my congressman
1.4.08 – Called USCIS to request another service request for I-130
1.15.08 – Noticed that both my Petitions were touched on this date – yeahhh I pray to GOD that we hear something soon!!
1.15.08 – send Case Problem submission to CIS Ombudsman
1.24.08 – (Touched) Called USCIS – They told me they cancelled my I-129F
1.31.08 – (Touched) Called USCIS – Still Cancelled

Really how long does that take Administrative processing time???

Nita,

Not to add to your confusion, but I need to add my own perspective on this, which is that YOU SHOULD AVOID THE K3. Currently the K3 is processing LONGER than the I-130, and does nothing to help your spouse get here faster. This is a FACT. Many of us K3-ers are seeing our K3 application get "administratively closed" after our I-130 gets approved. And in the 2007 annual report from the ombudsmans office (http://www.dhs.gov/cisombudsman) page 57, they back this up by stating that when the K3 takes as long or longer than the I-130, it is meaningless.

I would say you should not bother with the K3. I don't know all the details of your case, but I would be surprised if it helped you out. It hasn't helped me out.

really they can put your case ON HOLD because you call too much? How much were you calling??
I call like once a week now because I am getting desperate!!!!

Nita

I got touches every day last week, and called 3 of those days to see if the touches meant that my case had been assigned to an adjudicator. Then this week, I got a touch on SUNDAY (see my timeline). I figured good things were happening. Called again on Monday, and the lady I talked to told me that my case was on hold because I call too much. When I asked what is "too much", she said there is no fixed amount, but that I called "too much". I got upset and asked for her name and ID, she would only give her name. I asked to talk to her supervisor, she said he was gone for the day. Then she backed off her statement, and said that my case wasn't really on hold, but that "I call too much!". She also told me that that when I call USCIS and make an inquiry, I should "know better" than to call back before 30 days have passed.

!!!!!!


I can't tell you how mad that made me!

Hello Nita,

I can't imagine your anguish right now. I don't want to add to your confusion, but the K3 is suppose to reunite you with your husband quicker...BUT...we all know that dealing with USCIS is hell. If they already cancelled it, what makes you think that reopening the case isn't going to cause problems and further delays? The lady you talked to seemed to sympathetic, but not enough to call you back. I'd say stick with the I-130, trying to reopen the K3 might delay it longer and you have no guarantees that it will in fact be quicker. I know you just want to get him home ASAP, but I am so skeptical, and dissilusioned with dealing with USCIS. I hope this gets resolved soon.

"CONSULAR PROCESS"

I heard that opting to go through the "consular process" instead of the regular "adjustment of status" once the alien relative gets to the US is the faster route (Not sure if this is accurate information). However, I cannot find anything that speaks to "consular process" other than this paragraph that was included in USCIS's press release regarding K-3 petitions.

"If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC."

Is this true? Please direct us to any information you might have about "consular process."

Thanks