What if Spouse's I-130 is Processed Before I-129F?

[steve12345 0]

Hello everyone,

I am an American citizen and my wife is Chinese. I'm am currently living in the USA and she is currently still living in China. I submitted her I-130 petition to the Chicago lockbox back in July and recieved the I-797 back saying that it was accepted and routed to the California Service Center for processing. Thinking that processing would take a year or more, I then submitted an I-129F petition to the Dallas lockbox with the K-3 Spousal visa option so that she could come to the US on a K-3 visa and we could wait here together for her I-130 to go through instead of being separated for a year. I was notified yesterday that the I-129F petition was accepted, and it was also routed to the California Service Center for processing.

I then looked up the processing times for the I-130 for a spouse and the I-129F for the K-3 spouse option at the California Service Center. To my surprise, they are both listed as 5 months. The I-130 was sent there nearly a full month before the I-129F got there. So that brings me to my question - Is it possible that her I-130 might be processed first, sent to the NVC, and then she could just go through the I-130 process directly and completely skip over the I-129F for K-3 spousal visa process? It seems like that would shorten the whole visa processs significantly - the Guangzhou, China embassy allows eFiling of the I-130 documents but not the I-129F as far as I know, and it would be one less step we would have to take for her to get her green card. Or would they delay processing her I-130 because I have submitted an I-129F with K-3 option? Can anyone shed some light on this?

Any help is greatly appreciated.

[dwheels76 5,459]

Hello everyone,

I am an American citizen and my wife is Chinese. I'm am currently living in the USA and she is currently still living in China. I submitted her I-130 petition to the Chicago lockbox back in July and recieved the I-797 back saying that it was accepted and routed to the California Service Center for processing. Thinking that processing would take a year or more, I then submitted an I-129F petition to the Dallas lockbox with the K-3 Spousal visa option so that she could come to the US on a K-3 visa and we could wait here together for her I-130 to go through instead of being separated for a year. I was notified yesterday that the I-129F petition was accepted, and it was also routed to the California Service Center for processing.

I then looked up the processing times for the I-130 for a spouse and the I-129F for the K-3 spouse option at the California Service Center. To my surprise, they are both listed as 5 months. The I-130 was sent there nearly a full month before the I-129F got there. So that brings me to my question - Is it possible that her I-130 might be processed first, sent to the NVC, and then she could just go through the I-130 process directly and completely skip over the I-129F for K-3 spousal visa process? It seems like that would shorten the whole visa processs significantly - the Guangzhou, China embassy allows eFiling of the I-130 documents but not the I-129F as far as I know, and it would be one less step we would have to take for her to get her green card. Or would they delay processing her I-130 because I have submitted an I-129F with K-3 option? Can anyone shed some light on this?

Any help is greatly appreciated.

They transferred the I129F so it will be processed with the I-130 and then it will be administratively closed once it reaches NVC. I would be reading up on the NVC process that will be the route.

[steve12345 0]

They transferred the I129F so it will be processed with the I-130 and then it will be administratively closed once it reaches NVC. I would be reading up on the NVC process that will be the route.

Is that because they realize that the I-130 would be processed first? Otherwise, why would they close the I-129F ( K-3)? Isn't the whole point of the K-3 so that she could be here with me during the long wait it normally takes for the I-130 to be processed? Wouldn't closing my I-129F be the kind of important thing that they should mention to me?

Edited August 21, 2015 by steve12345

[dwheels76 5,459]

Is that because they realize that the I-130 would be processed first? Otherwise, why would they close the I-129F ( K-3)? Isn't the whole point of the K-3 so that she could be here with me during the long wait it normally takes for the I-130 to be processed? Wouldn't closing my I-129F be the kind of important thing that they should mention to me?

I believe because the K3 isn't what it use to be. It use to be years later a I-130 would be approved so they develop the K3. Now if they were to process it may gain you a month. That's its really futile to go for it.

And as a rule if there is an approved I-130 it kills the I-129F.

I have seen I120F get approve first get all the way to embassy and embassy closes it because the I-130 got approved during that time.. Every once in a while you see a K3 get through very rare though.

They will tel you when its closed you will get letter to let you know it was closed.

[steve12345 0]

I believe because the K3 isn't what it use to be. It use to be years later a I-130 would be approved so they develop the K3. Now if they were to process it may gain you a month. That's its really futile to go for it.

And as a rule if there is an approved I-130 it kills the I-129F.

I have seen I120F get approve first get all the way to embassy and embassy closes it because the I-130 got approved during that time.. Every once in a while you see a K3 get through very rare though.

They will tel you when its closed you will get letter to let you know it was closed.

Thank you very much for the info, it's very helpful. I will start researching the NVC process now rather than the K-3 process!

[newacct 688]

Is that because they realize that the I-130 would be processed first? Otherwise, why would they close the I-129F ( K-3)? Isn't the whole point of the K-3 so that she could be here with me during the long wait it normally takes for the I-130 to be processed? Wouldn't closing my I-129F be the kind of important thing that they should mention to me?

Because K-3 is for when I-130 is pending. Once the I-130 is approved, she is no longer eligible for K-3.

[Ryan H 3,790]

Is that because they realize that the I-130 would be processed first? Otherwise, why would they close the I-129F ( K-3)? Isn't the whole point of the K-3 so that she could be here with me during the long wait it normally takes for the I-130 to be processed? Wouldn't closing my I-129F be the kind of important thing that they should mention to me?

Brief history of the K3 and your situation thrown in:

• The K3 came into existence when the LIFE Act of 2000 was signed into law. Back then, wait times for an I-130 to be approved was years.
• In the intervening years, I-130 processing times improved.
• In 2006, USCIS implemented a procedure of tying the two petitions together and deciding both at the same time. That is the only reason why your I-129F was transferred to CSC, so it could be joined with the I-130 your previously filed.
• In 2010, the State Department implemented the procedure of Administrative Closure of the K3 when an approved I-130 is on-station.

The provision in the LIFE Act that created the K3 remains on the books and is officially listed as a viable option even if current practices result in one rarely being issued. The K3 will forever remain on the books unless repealed by an Act of Congress.

[steve12345 0]

@newacct and @Ryan H - Thank you for the information. It's all making sense to me now. I assume that since her I-130 went to the CSC nearly a month before her I-129F, and the average processing time for both are the same, the I-130 will be processed first and she will no longer need the K-3, therefore her I-129F will be closed.

[NikLR 13,220]

Well the problem is, they take the I-130 out of line, join it with the I-129F, and then adjudicate them together. So it's possible that you cost yourself the period of time between the NOA1 for the I-130 and the I-129F.

It's possible with a stuck I-130 to pull it out of a black hole by filing the I-129F but when you do it like you have, it can set back your processing time.