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nj1023

Too late to file for K-3?

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Can anyone give us some advice? My husband is from Mexico, so our case is going through Ciudad Juarez. Here's some background...our I-130 was approved 11-18-05, sent to NVC and approved 12-21-05, then forwarded to Juarez and received in Juarez 1-23-06. Now we're waiting for the interview. My husband called Juarez and they said the typical waiting period is 9 months.

My question- is it too late to try and get a K-3 visa now? I thought I read somewhere that you cannot file for a K-3 visa once the I-130 is approved. We did not file an I-129 at the time our I-130 was pending because he had to remain in Mexico until June 2006 to complete his 2-year home residency requirement (this is a requirement associated with his J-1 visa from when he was a student here). We mistakenly thought (silly us) that our case would be approved and we'd have the interview before his HRR was up. I was planning to file the I-129 around November 2005, but that's when our case was approved and everything started moving so quickly, I thought we'd have our interview in no time. I never expected that the waiting period at Juarez would be so long.

Now his HRR is almost complete, and he has no visa with which to return to the US (besides a tourist visa). I told him to at least come here on the tourist visa and wait, but we have no guarantee how long his tourist visa would be approved for (3-6 months maybe) and would we get the interview within that time? Plus, he wouldn't be able to work with a tourist visa, and since he is currently working in Mexico, we don't want to risk losing his job.

Is there anything we can do? Or must we just wait it out? :help:

Thanks,

NJ1023

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Hi

I think I-130 is K3. I might be wrong. I hope someone can help you more.

good luck

bill


AOS JOURNEY BEGIN

10-18-2006 - MAILED I-485/I-765/I-864/G325A

10-24-2006 - I-485/I-765 NOA1

10-27-2006 - AOS/EAD TOUCHED

11-07-2006 - EMAIL RFE FROM USCIS

11-09-2006 - BIOMETRIC APPOINTMENT

11-16-2006 - MAILED BACK THE RFE

12-12-2006 - CASE TRANSFER TO CSC

01-08-2007 - EAD TOUCHED

01-11-2007 - EAD APPROVED

01-13-2007 - EAD TOUCHED

01-15-2007 - EAD TOUCHED AGAIN

01-18-2007 - EAD RECIEVED IN HAND + APPROVAL NOTICE SENT FROM USCIS

01-18-2007 - APPLIED FOR SOCIAL SECURTIY NUMBER

01-20-2007 - EAD TOUCHED

01-20-2007 - AOS TOUCHED

01-27-2007 - RECEIVED SOCIAL SECURITY NUMBER

03-01-2007 - EMIAL FROM CSC AOS IS NOW PENDING AT OUR OFFICE

03-02-2007 - AOS TOUCHED

03-05-2007 - AOS TOUCHED AGAIN

03-06-2007 - AOS TOUCHED AGAIN

03-07-2007 - AOS TOUCHED AGAIN

03-08-2007 - AOS TOUCHED AGIAN AROUND 9 AM SOMETHING.

03-08-2007 - AOS APPROVED AT NOON

03-09-2007 - EMAIL FROM CSC (WELCOME NEW RESIDENT NOTICE WAS SENT)

03-12-2007 - EMAIL FROM CSC (APPROVAL NOTICE WAS SENT)

03-13-2007 - TOUCHED

03-15-2007 - GREEN CARD AND APPROVAL NOTICE IN HAND

REMOVING CONDITION I-751

01-20-2009 - SENT I-751 CERTIFIED OVERNIGHT

01-26-2009 - CHECK CASHED

01-22-2009 - NOA1

02-04-2009 - RECEIVED BIOMETRIC APPOINTMENT IN THE MAIL

02-17-2009 - BIOMETRIC APPOINTMENT DATE 9 AM

02-17-2009 - TOUCHED

02-18-2009 - TOUCHED AGAIN

05-28-2009 - APPROVAL (WAITING TO RECEIVE 10 YRS GREEN CARD)

06-22-2009 - RECEIVED 10 YRS GREEN CARD

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My question- is it too late to try and get a K-3 visa now? I thought I read somewhere that you cannot file for a K-3 visa once the I-130 is approved.

NJ1023

My husband and I read that, too, in an immigration book. But the funny thing is our I-130 was approved first and then our I-129F (for K-3) was approved later. You can check my signature below to have a better idea of our timeline for I-130 and I-129F.

I don't really know what to tell you... :huh:

Do you think K-3 interviews will go faster than CR-1 at his consulate? If you file for K-3 now, you'd have to wait for the petition to be approved and then wait for an interview date.


CR-1

09/16/2005 Mailed I-130 (CSC)

09/21/2005 NOA 1

02/07/2006 NOA 2 (Day 143)

02/25/2006 Petitioner receives AOS Bill in U.S. (Day 161)

02/27/2006 AOS Bill (regular USPS) and DS-3032 (Canada Post regular) are mailed out

03/21/2006 Petitioner receives I-864 package (Day 185)

03/22/2006 Beneficiary receives IV Bill and sends payment - regular mail (Day 186)

03/24/2006 Petitioner sends back I-864 (Day 188)

04/13/2006 Beneficiary receives DS-230 (Day 208)

05/10/2006 Beneficiary sends back DS-230 and docs to NVC via Fedex (Day 235)

05/19/2006 NVC issues RFE on Question # 20 on the DS-230. (Day 244)

05/29/2006 Beneficiary receives RFE and sends it off (Day 254)

06/02/2006 NVC receives RFE (Day 258)

06/16/2006 Case Complete! (Day 272)

07/07/2006 Case forwarded to Consulate in Montreal (Day 293)

08/11/2006 INTERVIEW! VISA APPROVED!

08/14/2006 Picked up visa and crossed the border.

08/25/2006 SS card arrives in the mail

09/07/2006 GC arrives in the mail.

K-3

02/01/2006 Mailed I-129F

02/07/2006 NOA1

04/14/2006 I-129F is approved!

04/24/2006 NVC forwards the application to the consulate in Montreal

05/01/2006 Packet 3 is received from consulate & is sent of 3 days later

07/07/2006 Medical

08/08/2006 INTERVIEW- cancelled bec. of CR-1

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I don't think you can file for K-3 as your case has already reached the embassy.


----------------------------------------------------------------------------------------------------------------------

I-130

1/3/06: Mailed Petition CSC

1/4/06: Package received per fedex.com

1/12/06: NOA 1

2/3/06: Touched

5/2/06: Received email notification that petition approved on 5/1/06

5/5/06: Received NOA 2 via snail mail

5/17/06: NVC issues case #

I-129F - K3

1/31/06: Mailed Petition to Chicago

2/3/06: Received

2/7/06: NOA 1

4/17/06: NOA 2 - Notified by email; petition approved on April 13th

4/20/06: Received NOA 2 via snail mail

5/19/06: Still waiting on NVC to receive approved 129-F....(what's the hold up)

6/10/06: Involved congress person

6/19/06: Rec'd letter stating that inquiry was made to both NVC and USCIS regarding status of my petition

6/21/06: Travelled to go see my better half (boy was I excited)

7/3/06: Left my love once again (hopefully we shall see eachother soonest)

7/10/06: Followed up with congress person

7/10/06: Notified case was sent to the wrong place (go figure...how does it take 90 days to push paper from one location to the next) and has now been forwarded to NVC

7/18/06: NVC received case and has now issued a case number

7/20/06: NVC forwarded case to embassy

7/28/06: Lagos embassy confirms receipt of case into system

8/1/06: Pick up packet 3 and 4

8/25/06: Interview Date

.png

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Hi

I think I-130 is K3. I might be wrong. I hope someone can help you more.

good luck

bill

I-130 is NOT K3!!..........I-130 leads to CR1/IR1...................I-129F leads to K3 (if married already)

I dont think you can now file K3 as your completed I-130 is at the Embassy/Consulate!!

maybe it wont take as long as they are telling you, fingers crossed eh!!............Good Luck!! :thumbs:

Edited by euro

Amanda-England (Yorkshire)- Mark-USA(Michigan)

April/04/2005- Visa journey began!!

We did both K3 & CR1 visa's, got both!!- I returned to England for my CR1 interview after first arriving on a K3 visa!!

May/25th 2006- Green card arrives in the mail................YAY!!

19th June 2006 I Had to go to the Social Security Office to get my number, the DS-230 didnt work for me!!

26-June-2006- Social Security# arrived in the mail....YAY!!

Feb 2008 lift conditions <<<reminder to self!!<<<< went to England for a visit instead, no rush right, 90 days is a long time,LOL

Removing Conditions Begins

Mailed I-751 April 12th 2008

signed for @ NSC April 16th

NOA date April 16th

Conditional GC expired May 5th 2008

Biometrics Detroit May 10th 2008

10 year Green card ordered August 20th 2008

Citizenship any time from feb 2009

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The original purpose of the K3 was to allow a spouse to enter the country as a non-immigrant to await the approval of the I-130. At that time the I-130s were taking forever, and a K3 could be issued more quickly. But now I-130's have picked up speed making the K3 almost obsolete. In your case since you already have the approved I-130 a K3 will offer you nothing more. He would still have to wait the 2 year home country requirement, and he would still have to wait for an interview. You wont gain a thing that I can see.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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