Just curious... what happens to my K3 if...

[immillpind 0]

I'm on the K3 track, but what if my I-130 gets approved before my I-129F? then does that mean I'm no longer a on the K3 track?

I've noticed some timelines where the I-130 got NOA2, but I-129F still pending?

anyone have experience with this? thanks!

[akatagirl 0]

I'm on the K3 track, but what if my I-130 gets approved before my I-129F? then does that mean I'm no longer a on the K3 track?

I've noticed some timelines where the I-130 got NOA2, but I-129F still pending?

anyone have experience with this? thanks!

I am not sure how the Embassy in India generally does things with k-3 and cr-1's but I have read from other embassies in the past that the k-3 generally moves faster and the i-130 petition takes a bit a longer...I know for myself we filed the cr-1 at another embassy because my husband worked abroad from the country he was born in which is where the k-3 was filed and we ended up just pursuing both to see which would get him here faster... I think you should just continue to pursue both because if at some points one may move faster than the other, their may also be slower periods of processing for one or the other (i.e some embassies have more interview dates for k-3 than cr-1 or different priorities depending on type of petition)...I have also read in the past where some embassies will have the petitioner pursue the cr-1 instead of the k3 if both are filed at the same embassy and both petitions are moving at the same pace. In any case good luck and hopefully your visa journey will be a smooth one!!!

[immillpind 0]

I'm on the K3 track, but what if my I-130 gets approved before my I-129F? then does that mean I'm no longer a on the K3 track?

I've noticed some timelines where the I-130 got NOA2, but I-129F still pending?

anyone have experience with this? thanks!

I am not sure how the Embassy in India generally does things with k-3 and cr-1's but I have read from other embassies in the past that the k-3 generally moves faster and the i-130 petition takes a bit a longer...I know for myself we filed the cr-1 at another embassy because my husband worked abroad from the country he was born in which is where the k-3 was filed and we ended up just pursuing both to see which would get him here faster... I think you should just continue to pursue both because if at some points one may move faster than the other, their may also be slower periods of processing for one or the other (i.e some embassies have more interview dates for k-3 than cr-1 or different priorities depending on type of petition)...I have also read in the past where some embassies will have the petitioner pursue the cr-1 instead of the k3 if both are filed at the same embassy and both petitions are moving at the same pace. In any case good luck and hopefully your visa journey will be a smooth one!!!

thanks akatagirl. You're thinking is the same as mine in this regard, but after reading posts on the internet i was starting to wonder if i should even send my I-129F.

Some felt it slowed the whole process down. I always thought it was worked on in parallel, and if the I-129F got approved then it would allow the beneficiary to come here and wait for the I-130 approval? Is this true? So the I-130 continues it’s approval process while the beneficiary is in the US.

This is how it’s stated on (although updated in July 06!): http://www.travel.state.gov/visa/immigrant...es_1315.html#3d

Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

• Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

• Two petitions are required:

o Petition for Alien Relative, Form 1-130; and

o Petition for Alien Fiancé(e), Form I-129F

[akatagirl 0]

thanks akatagirl. You're thinking is the same as mine in this regard, but after reading posts on the internet i was starting to wonder if i should even send my I-129F.

Some felt it slowed the whole process down. I always thought it was worked on in parallel, and if the I-129F got approved then it would allow the beneficiary to come here and wait for the I-130 approval? Is this true? So the I-130 continues it’s approval process while the beneficiary is in the US.

When we went through this process, this how I saw some people proceed to (i.e. enter on the i-129f, adjust status or if the i-130 was approved soon thereafter, some would fly back for that interview)

[pushbrk 12,297]

I'm on the K3 track, but what if my I-130 gets approved before my I-129F? then does that mean I'm no longer a on the K3 track?

I've noticed some timelines where the I-130 got NOA2, but I-129F still pending?

anyone have experience with this? thanks!

Since you didn't file an I-129F yet you are on the CR1 track at the moment, not the K3 track. There is plenty of concern at the moment as to whether the K3 track is even viable now. There's plenty to read here on that subject. I encourage you to do so before filing an I-129F.

[immillpind 0]

I'm on the K3 track, but what if my I-130 gets approved before my I-129F? then does that mean I'm no longer a on the K3 track?

I've noticed some timelines where the I-130 got NOA2, but I-129F still pending?

anyone have experience with this? thanks!

Since you didn't file an I-129F yet you are on the CR1 track at the moment, not the K3 track. There is plenty of concern at the moment as to whether the K3 track is even viable now. There's plenty to read here on that subject. I encourage you to do so before filing an I-129F.

Yeah I have done a lot of reading on this subject, but only to be confused more. I was unable to find a definitive answer.

I don’t see how it could hurt my process though. If I file for I-129F, how would that affect my application process?

[immillpind 0]

thanks akatagirl. You're thinking is the same as mine in this regard, but after reading posts on the internet i was starting to wonder if i should even send my I-129F.

Some felt it slowed the whole process down. I always thought it was worked on in parallel, and if the I-129F got approved then it would allow the beneficiary to come here and wait for the I-130 approval? Is this true? So the I-130 continues it’s approval process while the beneficiary is in the US.

When we went through this process, this how I saw some people proceed to (i.e. enter on the i-129f, adjust status or if the i-130 was approved soon thereafter, some would fly back for that interview)

Wow I didn't know that. Thanks for the info. That's kind of how I see it too, the whole point of the K3 visa is to get the beneficiary here faster, and then let immigrant visa continue its process. That makes sense. Now whether or not it’s faster is another issue.

[edp333 9]

I don’t see how it could hurt my process though. If I file for I-129F, how would that affect my application process?

If both petitions get paired together, as is the standard practice for USCIS, then your receipt date is adjusted to the I-129F petition receipt date. This was not bad situation when you could get your I-130 NOA1 in 10 days and file the I-129F. But, if you have 3 to 4 months of waiting time for the I-130 NOA1 that is a lot of lost time to restart the timeline to the I-129F receipt date.

Things to consider include the NVC takes 4 to 6 months to process I-130 and how long it takes your Embassy to schedule an interview for a CR1/IR1 visa. Canada is a good example of drastic differences betwen K3 and and CR1/IR1 interviews.

[immillpind 0]

I don’t see how it could hurt my process though. If I file for I-129F, how would that affect my application process?

If both petitions get paired together, as is the standard practice for USCIS, then your receipt date is adjusted to the I-129F petition receipt date. This was not bad situation when you could get your I-130 NOA1 in 10 days and file the I-129F. But, if you have 3 to 4 months of waiting time for the I-130 NOA1 that is a lot of lost time to restart the timeline to the I-129F receipt date.

Things to consider include the NVC takes 4 to 6 months to process I-130 and how long it takes your Embassy to schedule an interview for a CR1/IR1 visa. Canada is a good example of drastic differences betwen K3 and and CR1/IR1 interviews.

hmm... yeah i've read that... seems really stupid tho. well... i guess we'll see how long the NOA1 takes.

ahhh...now i dont kno what the heck to do.

"Avg. Days between Consulate Receiving Information from NVC and Actual Interview" for india is 55.

[Jigi 0]

hi,

Out of both them.. i would say you go for the CR/IR visa... its more better and you donthave to do AOS again when you come here.... for indian embassies the time is more or less the same... difference of may be a month or so.

Jigi

[immillpind 0]

hi,

Out of both them.. i would say you go for the CR/IR visa... its more better and you donthave to do AOS again when you come here.... for indian embassies the time is more or less the same... difference of may be a month or so.

Jigi

In the immigration timelines, the time from NOA2 -> interview is 172 days. That's more like 4 months more. although some of that time may be made up here processing the I-129F??? I guess it depends on how long the NOA1 (I-130) takes.

?? hard to tell still

[MoonlitCherri 0]

I'm just going along for a ride right now cuz my I-130 was approved, but when I called to check on my I-129F CIS said it was still pending in Vermont. I had thought they were always brought together, apparently not. Nor is it cancled like some people are stating.

[hyd617 1]

i did not know that if you file i130 and i129f .. the date they go by is i-129f!! what that means i sent my i130 in ocotber and i129f in january and now they would go by january? to start my process and not october??

im realy confused!!! wel my foreign spouse resides in india and i dont think there is much of a wait to get a interview there.. but again it all depends around the timeframe..

[hheaven67 2]

Hindsight is 20/20...if we would've known how much this K3 was going to stall things (as I see many whose I-130 app was processed in a few months without the K3 in the mix) and now, it will possibly be cancelled anyways, we would've just sent in I-130's for myself & my son. I pray that they take note of the fact that I have a 15 yr old & there's no I-130 for him. Can't imagine how long it will take if we have to yet send in an app for him then do even more waiting for it to catch up to my I-130! The thought is almost unbearable really, especially when it took 51 days for them just to open the I-130 envelope! Interviews in Montreal are approx. 3x longer (for the I-130 visa) than Vancouver (I-129F visa). Pushbrk is a plethura of information & has been there & back...follow his posts as he does his homework...

Does anyone know if we could cancel the I-129F while it is pending which could possibly lead to a quicker NOA2 for our I-130? We'd then send in an I-130 for my son & hope that they can possibly match them together...thank you...

Good luck to you!

jen

Edited February 13, 2008 by hheaven67

[Divine Mercy 0]

I'm just going along for a ride right now cuz my I-130 was approved, but when I called to check on my I-129F CIS said it was still pending in Vermont. I had thought they were always brought together, apparently not. Nor is it cancled like some people are stating.

VSC and CSC seem to have different ways of doing things. There are not that many VSCers in VJ to really give us a good idea on a "norm" for VSC.