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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

JustWaiting
I have been really worried about the K-3 being cancelled. Although nothing is concrete, I've read enough threads that have really concerned me. I read in Laurel's chat (the lawyer that does the chat for IM2US) that she knows about the rumor that they are not being adjucated. I know that it may not be a fact but if she believes it's happening it makes me very nervous.

This is my issue: I upgraded my I-130 in October after I became a citizen. Then I filed my I-129F thinking this would be way faster to have my husband enter the US. I am worried that it will take me 7 or 8 months for them to tell me that my K-3 is being cancelled and that they are proceeding only with the I-130.

If I had known this was going to happen, I would have proceed with just upgrading and having the I-130 approved within a few weeks of that. I read in the other forum about a guy in the same situation that upgraded and got approved in 4 weeks!

I really need advice as to what I should do. If they're going to cancel the K-3 anyway, should I cancel and have them process my I-130 as soon as possible? It's just such a hard pill to swallow that I could have had approved it October or November and would have been moving along if I hadn't filed the I-129. PLEASE HELP!!
pushbrk
QUOTE(JustWaiting @ Feb 21 2008, 11:29 PM) *
I have been really worried about the K-3 being cancelled. Although nothing is concrete, I've read enough threads that have really concerned me. I read in Laurel's chat (the lawyer that does the chat for IM2US) that she knows about the rumor that they are not being adjucated. I know that it may not be a fact but if she believes it's happening it makes me very nervous.

This is my issue: I upgraded my I-130 in October after I became a citizen. Then I filed my I-129F thinking this would be way faster to have my husband enter the US. I am worried that it will take me 7 or 8 months for them to tell me that my K-3 is being cancelled and that they are proceeding only with the I-130.

If I had known this was going to happen, I would have proceed with just upgrading and having the I-130 approved within a few weeks of that. I read in the other forum about a guy in the same situation that upgraded and got approved in 4 weeks!

I really need advice as to what I should do. If they're going to cancel the K-3 anyway, should I cancel and have them process my I-130 as soon as possible? It's just such a hard pill to swallow that I could have had approved it October or November and would have been moving along if I hadn't filed the I-129. PLEASE HELP!!


It's a tough situation but I would do nothing. There's no guarantee withdrawing the I-129F won't cause additional delays.
JustWaiting
Thanks, you're probably right. I'm just so frustrated with this whole situation. The rules just change without a notice and so many of us are just left hanging with so much at stake in our lives.
timcass_12
In reference to this, my husband called the USCIS yesterday and inquired about this scenario. He was told that which ever application comes through first or gets approved will be the one we will use which in our understanding refers to having our I-129F cancelled just in case our I-130 gets through first. We know that both applications have their own pros and cons but given the chance, we would still opt to have the I-129F as it still faster than the I-130.
kelly1290
I had both I-130 and I-129F approved at the same time on Jan. 9. My K3 is being forwarded to the NVC now as they failed to separate the K3 from the I-130 folder before sending the folder to the National Records Center. It has now been retrieved and is being forwarded to NVC. So the cancellation seems to be only happening to some and not to others. I am thankful that they did not do that to me, as an interview for CR1 for Nigeria takes forever and when you do get one, most usually always go into 6-12 months of AP, so I thank God every day that my K3 was allowed to go through.

Nita&Assaad
QUOTE(JustWaiting @ Feb 21 2008, 11:29 PM) *
I have been really worried about the K-3 being cancelled. Although nothing is concrete, I've read enough threads that have really concerned me. I read in Laurel's chat (the lawyer that does the chat for IM2US) that she knows about the rumor that they are not being adjucated. I know that it may not be a fact but if she believes it's happening it makes me very nervous.

This is my issue: I upgraded my I-130 in October after I became a citizen. Then I filed my I-129F thinking this would be way faster to have my husband enter the US. I am worried that it will take me 7 or 8 months for them to tell me that my K-3 is being cancelled and that they are proceeding only with the I-130.

If I had known this was going to happen, I would have proceed with just upgrading and having the I-130 approved within a few weeks of that. I read in the other forum about a guy in the same situation that upgraded and got approved in 4 weeks!

I really need advice as to what I should do. If they're going to cancel the K-3 anyway, should I cancel and have them process my I-130 as soon as possible? It's just such a hard pill to swallow that I could have had approved it October or November and would have been moving along if I hadn't filed the I-129. PLEASE HELP!!



Hello Just waiting, this same thing happene to me, I upgraded in July 2007 and I am still waiting on an aprroval. They did cancel my I-129F on January 24, 2008 and I didn't have a choice. I am not dealing with my congressman and Senators, I don't feel it's right if USCIS didn't fully communicate that the I-129F would in fact delay the process of the petition, I in fact asked this question when I called to upgrade my petition and they did not mention any delay in case because of it.... I am so depress about the whole thing!!!! I wish you tons of luck in your process

Nita
JustWaiting
Kelly1290 - congratulations! You are so lucky that you go approved. I think you're right, it's hit and miss with approvals. One of my friends from IM2US got approved within the timeframe and her K-3 first. It's already been sent and she's on her way lucky girl. I guess some are approved so I am keeping every single finger I have crossed.

Nita - Thanks I wish you luck too. Maybe we'll get lucky. It is just so frustrating because after so long I finally thought "Great, I have my citizenship and it will go much faster". I guess hope really is the last to die. I have bad days when I am just so sad and depressed about this. I wish my hubby was here already. Other days, I try to stay positive but it's hard.
JustWaiting
Nita - one more thing. A guy that got his citizenship the same month I did upgraded but didn't go the K-3 route. HE WAS APPROVED IN FOUR WEEKS!! wacko.gif wacko.gif wacko.gif It got sent to NVC, he paid every thing and is now waiting for his interview. That kills me because they didn't mention anything about delaying it either. protest6wz.gif In fact, they told me it would be faster because I had been waiting in line already. headbonk.gif
Nita&Assaad
QUOTE(JustWaiting @ Feb 22 2008, 10:25 AM) *
Nita - one more thing. A guy that got his citizenship the same month I did upgraded but didn't go the K-3 route. HE WAS APPROVED IN FOUR WEEKS!! wacko.gif wacko.gif wacko.gif It got sent to NVC, he paid every thing and is now waiting for his interview. That kills me because they didn't mention anything about delaying it either. protest6wz.gif In fact, they told me it would be faster because I had been waiting in line already. headbonk.gif



yes, Yes, this was what I was told too!! It kills me too!!! crying.gif And we already had a hard time when I was trying to become a US citizen because they only asked me questions about my husband and not me.... And I was the one becoming a US citizen funny huh..... So that kills me too because like you said I would probably had my approval by now too....
Where was this other person Spouse from if I may ask???

Nita
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