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

AandLKC
just want know the experience of people who filed after the fee hike at the end of July ??

Have you received both NOA's ??

Instruction on How you Filed ??

Did u include 4 copies of G 235, evidence for marriage, photographs?? 2 for i-130 and 2 for i-129F ??

please ....post any information to this subject matter since the USCIS don't have any written rules.
YuAndDan
Follow the K-3 guide, only you put every thing in the same envelope.

Also note, if you just file I-130 with out the I-129F, this process results in the better CR-1 or IR-1 visa, not ($1010) adjustment of status from a K-3 involved.

With the rate increase consider very carfuly the added costs involved in K-3 visa. Compare the timies for CR-1 verses K-3 in the timelines for your country. Lately CR-1 is not taking much longer than the K-3. The K-3 was developed at a time when the CR-1 was taking a long time to process, lately this is not the case.

CR-1 allows employment as soon as the IMMIGRANT enters the country, because a green-card is generated upon entry, K-3 (NON-Immigrant) must file for a work permit, and adjust status, both process take time, and costs additional $$$.
ColombianoGringo
I sent mine in together right before the fee change, but CSC received it after the fee change and I got NOA1 for both petitions. They even waived the fee for the I-129F.

You can see more info in the "more info" link at the bottom of my signature. The only difference would be that you need to send the new fee for the I-130 and no payment for the I-129F.

Good luck,

CG
AGarcia
QUOTE(anish and lijy @ Sep 27 2007, 12:44 PM) *
just want know the experience of people who filed after the fee hike at the end of July ??

Have you received both NOA's ??

Instruction on How you Filed ??

Did u include 4 copies of G 235, evidence for marriage, photographs?? 2 for i-130 and 2 for i-129F ??

please ....post any information to this subject matter since the USCIS don't have any written rules.


I filed both of mine. According to the I-129F you have to send it with a copy of the NOA1 from the I-130. So you will need to send in the I-130 and wait for your NOA1 or other proof that you sent it like a cancelled check or something like that. Then once you have that you send in the I-129F application. I waited for my NOA1 from the I-130.
Elbereth
I sent the I-130 and I'm sending the I-129f separately... doing it like that, there is the possibility to change to CR-1 in the future if I want to... right?
YuAndDan
QUOTE(Elbereth @ Sep 27 2007, 03:26 PM) *
I sent the I-130 and I'm sending the I-129f separately... doing it like that, there is the possibility to change to CR-1 in the future if I want to... right?

NO, USCIS tends to hold any I-130 petition once they see the I-129F get filed, and assumes that the K-3 will adjust status in the USA. USCIS was seeing most K-3's adjust status in the USA, so began the practice of holding the I-130 petition to save Department of State the extra work of processing the I-130 at NVC and Consulate only to have to send it back to USCIS for Adjustment of status.

Use the timelines here to compare K-3 to CR-1 for your country, and decide on one or the other.

If you want both to run through NVC, you may need to file I-824 to keep the I-130 moving in a K-3 case.
pushbrk
QUOTE(YuAndDan @ Sep 27 2007, 12:33 PM) *
QUOTE(Elbereth @ Sep 27 2007, 03:26 PM) *
I sent the I-130 and I'm sending the I-129f separately... doing it like that, there is the possibility to change to CR-1 in the future if I want to... right?

NO, USCIS tends to hold any I-130 petition once they see the I-129F get filed, and assumes that the K-3 will adjust status in the USA. USCIS was seeing most K-3's adjust status in the USA, so began the practice of holding the I-130 petition to save Department of State the extra work of processing the I-130 at NVC and Consulate only to have to send it back to USCIS for Adjustment of status.

Use the timelines here to compare K-3 to CR-1 for your country, and decide on one or the other.

If you want both to run through NVC, you may need to file I-824 to keep the I-130 moving in a K-3 case.


Yes, you absolutely can file both petitions together in the same envelope. Treat it as if they were completely separate petitions (they are) and simply put them in the same envelope and mail them. This has only been acceptable since July but be assured it is acceptable.

The only way you can maintain both the CR1 and K3 options (Elbereth) is to clearly indicate on the I-130 that you want consular processing. Sending them separately does nothing for your options. I think we only have one or two success stories since the procedure change last November of petitioners' success in getting both petitions forwarded to NVC. There were some that ended up that way because the I-129F was filed so long after the I-130 that they never got connected but of those that were connected, only two successes at keeping both options open.

I second the recommendation to seriously consider skipping the I-129F altogether and just get the CR1 or IR1 visa.
Elbereth
thanks, YuAndDan and pushbrk.. that was enlightening smile.gif

I guess I'll look at the timelines and chose whatever will get me there faster
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