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

tzeksman
Ok heres the deal Ive read several threads about cancellations of I-129fs, and hoped someone could clear up with me exactly what they mean. Ok i sent in my I-130 packet on November 5 and recieved the NOA1 for it approximately 2 weeks ago, I was in the Philippines when it arrived nonetheless when i returned it was in my mail so i promptly started and have almost completed the i-129 packet. WHat exactly is going on with these and should I still send it in? I assume i should yes?
pushbrk
QUOTE(tzeksman @ Feb 23 2008, 12:42 PM) *
Ok heres the deal Ive read several threads about cancellations of I-129fs, and hoped someone could clear up with me exactly what they mean. Ok i sent in my I-130 packet on November 5 and recieved the NOA1 for it approximately 2 weeks ago, I was in the Philippines when it arrived nonetheless when i returned it was in my mail so i promptly started and have almost completed the i-129 packet. WHat exactly is going on with these and should I still send it in? I assume i should yes?


No, don't send it in. Lot's recent threads here explaining why.
tzeksman
Ya immediately after posting this thread I read a few of them and was kinda thinking the same thing. I should have done a little more searching before posting I guess
zawjatsaid
QUOTE(tzeksman @ Feb 23 2008, 04:03 PM) *
Ya immediately after posting this thread I read a few of them and was kinda thinking the same thing. I should have done a little more searching before posting I guess


I still hear that the k3 is still valid so where do we find out for sure, some say its no good with others say it is. unsure.gif
Milton y Claudia
I spoke about 2 weeks ago with the sister of a coworker , she works as an Adjudicator in the Texas Service Center
i asked her if that was true about K3 Been canceled and her answer was ( Ive been adjudicating K3 Cases in the past weeks) thats not true. I was like Okay.


adam75
i received NOA1 for my I-130 today, i am preparing to send the I-129F package, i couldn't find anything on the uscis web to prove the cancelation of k-3.
i will go ahead and send the package anyway, but what should i do ( or send) to let them know that i am aplying for k-3 not for IR-1? any idea please.
thank you
JustWaiting
My co-worker's mom works at the California Service Center and I asked if they in fact are going to cancel K-3 if the fee was waived and she said that wasn't true. She told me that in order for them to change procedure, they need to go through burecratic red tape like crazy and they usually get a heads up that it's coming. She says she's heard nothing. I WANT to believe it.
pushbrk
QUOTE(Milton y Claudia @ Feb 23 2008, 02:25 PM) *
I spoke about 2 weeks ago with the sister of a coworker , she works as an Adjudicator in the Texas Service Center
i asked her if that was true about K3 Been canceled and her answer was ( Ive been adjudicating K3 Cases in the past weeks) thats not true. I was like Okay.


The Texas Service Center hasn't adjudicated K3 cases for at least two years so the answer is BS. Until a little over a year ago all K3 adjudications were at MSC. Since then, only CSC and VSC.


calamitka
First of all there's no policy about K3 being cancell with fee waived. This is rather recent habit of adjuctantors to approve I-130 and cancel I-129.
So far I read here about 2 example of I-129 aproved with August priority date, the rest including mine were cancelled.
Pushbrk is right - better don't send I-129.
tzeksman
This is all what confuses me he says this she says that. Ok "IF" i send in the I129 as was done 'before' is there a chance it would cause any delays in the processing of the IR1 / CR1 because as i understand it K-3 applicants have already filed for this visa by default. So even if the rumors are true it wouldnt be any skin off my back so to speak. I would just be wasting time and postage basically. Do I understand that correctly. Forgive my ignorance if not. wacko.gif
pushbrk
QUOTE(tzeksman @ Feb 23 2008, 08:55 PM) *
This is all what confuses me he says this she says that. Ok "IF" i send in the I129 as was done 'before' is there a chance it would cause any delays in the processing of the IR1 / CR1 because as i understand it K-3 applicants have already filed for this visa by default. So even if the rumors are true it wouldnt be any skin off my back so to speak. I would just be wasting time and postage basically. Do I understand that correctly. Forgive my ignorance if not. wacko.gif


Anecdotal evidence indicates sending the I-129F slows the immigrant visa process. Compare CR1 timelines to K3 timelines beginning with August 2007 filings.
JustWaiting
Tzeksman - I think you should do what you feel is right. You can get the feel from what happens to other people but I don't think I can tell you if should or should not based on my experience. Even though I feel it has delayed my petition, others have been approved as recently as February 12. Every case is so different and you may be one of the lucky ones that gets it approved without being cancelled. Because as was stated above, not everyone has had their I-129 cancelled.
zawjatsaid
QUOTE(pushbrk @ Feb 24 2008, 12:22 AM) *
QUOTE(tzeksman @ Feb 23 2008, 08:55 PM) *
This is all what confuses me he says this she says that. Ok "IF" i send in the I129 as was done 'before' is there a chance it would cause any delays in the processing of the IR1 / CR1 because as i understand it K-3 applicants have already filed for this visa by default. So even if the rumors are true it wouldnt be any skin off my back so to speak. I would just be wasting time and postage basically. Do I understand that correctly. Forgive my ignorance if not. wacko.gif


Anecdotal evidence indicates sending the I-129F slows the immigrant visa process. Compare CR1 timelines to K3 timelines beginning with August 2007 filings.


Well I guess Ive decided to go the cr1 route just to be safe, at least I will have time to make sure finances are in order and hopefull get one more vacation to morocco before he comes.
NoelandTintin
I know for a fact that they cancel I129F because it happened to me. I dont mind so much about the cancellation but by filing, it delayed my overall approval.

If I had to do it all over again, I would not file I-129F.

Having said all that, I think you should do what you feel is right. There is NO offical word from USCIS about all of this. Just your fellow VJers sharing their experiences.
tzeksman
Well ok that kinda answers my last question and addresses my comments. I'll have to think about it but maybe it would delay the process, and i for sure dont want that to happen, I think Im going to hang loose and not file it for at least the next few weeks and then make a final decision during that time. The only thing is like i read someone else saying that they wrote on their cover letter that they were filing the I-130 with the intention of applying for a K-3 visa. I did the same. I dont think it should have an effect on processing time though. Anyways "cest la vie" jest.gif
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