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

YGandMAT
Good day,

Even though I received good news with the approval of my I-130 on Monday, today I received "not so good news". I was told by a USCIS Rep, that since my I-130 was approved before my I-129F, that I could no longer pursue the K-3. She said that even if they approved my I-129F, that I could not use it because my I-130 was going to be sent to NVC and it would begin the CR1 process.

Is this true? Anyone out there that can share the same experience that I am going through? Is there realy nothing I can do? Please tell me they are wrong....

Thank you for your responses.
pushbrk
QUOTE(YGandMAT @ Nov 7 2007, 05:28 PM) *
Good day,

Even though I received good news with the approval of my I-130 on Monday, today I received "not so good news". I was told by a USCIS Rep, that since my I-130 was approved before my I-129F, that I could no longer pursue the K-3. She said that even if they approved my I-129F, that I could not use it because my I-130 was going to be sent to NVC and it would begin the CR1 process.

Is this true? Anyone out there that can share the same experience that I am going through? Is there realy nothing I can do? Please tell me they are wrong....

Thank you for your responses.


They don't call it the misinformation line for nothing.

Even so, do you really want to pursue the K3?
YuAndDan
It it were my case I would be glad. CR-1 is the better visa, it results in a green-card upon entry, allowing work and travel. The K-3 ends up costing more ($1010) for AOS, has to wait for EAD (up to 90 days to get) in order to get a job.
YGandMAT
QUOTE(pushbrk @ Nov 7 2007, 05:34 PM) *
QUOTE(YGandMAT @ Nov 7 2007, 05:28 PM) *
Good day,

Even though I received good news with the approval of my I-130 on Monday, today I received "not so good news". I was told by a USCIS Rep, that since my I-130 was approved before my I-129F, that I could no longer pursue the K-3. She said that even if they approved my I-129F, that I could not use it because my I-130 was going to be sent to NVC and it would begin the CR1 process.

Is this true? Anyone out there that can share the same experience that I am going through? Is there realy nothing I can do? Please tell me they are wrong....

Thank you for your responses.


They don't call it the misinformation line for nothing.

Even so, do you really want to pursue the K3?


Thank you Pushbrk. I understand there are more advantages to the CR1 visa and that it's better. But we want to pursue the K3 because our priority is to be together ASAP, AOS fees upon entry are not an issue for us. The main thing is BE TOGETHER...that's what we really desire.
So I take it that they information the gave me is wrong...I can still pursue the K3?
What happens next??? Is there anything I need to do on my part?
*Len*
I would also try going for the CR1 since it's better and cheaper; but I don't know how much difference in processing times there is.
In other things......... I am absolutely JEALOUS of your honeymoon in Cozumel unsure.gif
Peace and good luck, L.
pushbrk
QUOTE(YGandMAT @ Nov 7 2007, 05:45 PM) *
QUOTE(pushbrk @ Nov 7 2007, 05:34 PM) *
QUOTE(YGandMAT @ Nov 7 2007, 05:28 PM) *
Good day,

Even though I received good news with the approval of my I-130 on Monday, today I received "not so good news". I was told by a USCIS Rep, that since my I-130 was approved before my I-129F, that I could no longer pursue the K-3. She said that even if they approved my I-129F, that I could not use it because my I-130 was going to be sent to NVC and it would begin the CR1 process.

Is this true? Anyone out there that can share the same experience that I am going through? Is there realy nothing I can do? Please tell me they are wrong....

Thank you for your responses.


They don't call it the misinformation line for nothing.

Even so, do you really want to pursue the K3?


Thank you Pushbrk. I understand there are more advantages to the CR1 visa and that it's better. But we want to pursue the K3 because our priority is to be together ASAP, AOS fees upon entry are not an issue for us. The main thing is BE TOGETHER...that's what we really desire.
So I take it that they information the gave me is wrong...I can still pursue the K3?
What happens next??? Is there anything I need to do on my part?


What happens next is you wait for the I-129F to be approved and/or your wife to receive the choice of agent form for the CR1 visa. No telling which will happen first or how long it will be before the I-129F is approved.

Now is the time to decide whether to keep the CR1 horse running or rein it in by simply ignoring it. I'd keep it runing, if I were you if for no other reason than you still don't have an approved I-129F.
YGandMAT
Well, that is probably what I will do...I'll just keep the CR1 horse running (maybe Jame's shortcuts can help speed it up a bit)..and if the 1-129F gets approved then I will go with the K3.

Thanks everyone for your responses.
John and Celia
QUOTE(YGandMAT @ Nov 8 2007, 01:24 AM) *
Well, that is probably what I will do...I'll just keep the CR1 horse running (maybe Jame's shortcuts can help speed it up a bit)..and if the 1-129F gets approved then I will go with the K3.

Thanks everyone for your responses.


Yeah, we're in the same boat, at least they approved our I-130 but the I-129f shows as still in processing...I detailed the situation on the other thread, and when I called USCIS the lady I spoke to told me that it was strange as well that I didn't get both approved at the same time, then she sent an inquiry on my behalf (very helpful lady, to be honest). I was one of the first to send in both petitions at the same time, maybe somehow they got separated. At least they didn't tell me that the I-129f would be cancelled like YGandMAT. More to come....
YGandMAT
QUOTE(John and Celia @ Nov 8 2007, 12:50 PM) *
QUOTE(YGandMAT @ Nov 8 2007, 01:24 AM) *
Well, that is probably what I will do...I'll just keep the CR1 horse running (maybe Jame's shortcuts can help speed it up a bit)..and if the 1-129F gets approved then I will go with the K3.

Thanks everyone for your responses.


Yeah, we're in the same boat, at least they approved our I-130 but the I-129f shows as still in processing...I detailed the situation on the other thread, and when I called USCIS the lady I spoke to told me that it was strange as well that I didn't get both approved at the same time, then she sent an inquiry on my behalf (very helpful lady, to be honest). I was one of the first to send in both petitions at the same time, maybe somehow they got separated. At least they didn't tell me that the I-129f would be cancelled like YGandMAT. More to come....


You know what, you might be lucky enough to get both of your NOA2 in the mail. In one of my previous posts I mentioned I had called USCIS on Friday November 2, to check the status of both of my petitions. And this is what they told me, "Your I-130 is currently being reviewed and will be approved within 7 to 14 days and your I-129F will be approved from 30 to 60 days". Once again, this call was made on Friday NOVEMBER 2nd. To my surprise on Monday November 5th, I received the NOA2 hardcopy of my I-130 with approval date of October 30th!!! Surprising isn't it? The people at USCIS did not even know I was approved, so do not trust what they tell you. When I talked to them that Friday my I-130 petition had already been approved and they did not see this in the computer, they did not know! How ridiculous is that!!!

So John and Celia, keep your eyes open, because you might get them in the mail. I never got any email to tell me I was approved and the current status for both of my petitions still show "pending".

Good luck
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