Please help: I-130 approved super-fast! But what about my I-129F?

[BenAndNida 0]

Real quick story:

USCIS (CSC) received my I-130 around July 1.

USCIS (CSC) received my I-129F around August 1.

On August 18, USCIS sends me a notice saying that my I-130 has been approved.

That is great, but I really want a K-3 visa, not a CR-1 visa! (I repeatedly stressed that in both of my application packets.)

Notice letter says that my petition has been forwarded on to the NVC.

(Last touched date for my I-129F is listed as August 3.)

What can/should I do?

Thanks,

Ben

[payxibka 10,044]

Real quick story:

USCIS (CSC) received my I-130 around July 1.

USCIS (CSC) received my I-129F around August 1.

On August 18, USCIS sends me a notice saying that my I-130 has been approved.

That is great, but I really want a K-3 visa, not a CR-1 visa! (I repeatedly stressed that in both of my application packets.)

Notice letter says that my petition has been forwarded on to the NVC.

(Last touched date for my I-129F is listed as August 3.)

What can/should I do?

Thanks,

Ben

If the I-130 is complete and is going to be faster, then why the continued desire for I-129F for K-3?

[BenAndNida 0]

If the I-130 is complete and is going to be faster, then why the continued desire for I-129F for K-3?

Based upon the timelines shown on this site, I disagree with what you've written. (So, why do you say that?)

For example: The processing time at the NVC is much longer for a CR-1 than for a K-3.

[Garu 0]

Have you tried calling them and asking?

Maybe they will be willing to answer your question about the 129F since your 130 is already approved.

And I understand why you would want the K3 (just like I do). Some of us would prefer to deal with any delays in this process while our loved one is in the U.S. versus taking the risk of RFEs and delays at NVC and the embassy due to the more involved IR1/CR1 process.

Please post any comments/updates you get. Thanks.

[payxibka 10,044]

If the I-130 is complete and is going to be faster, then why the continued desire for I-129F for K-3?

Based upon the timelines shown on this site, I disagree with what you've written. (So, why do you say that?)

For example: The processing time at the NVC is much longer for a CR-1 than for a K-3.

You disagree with an IF statement? I said nothing definitive other than IF...

Of course NVC processing is longer because they actually do something to the file rather than be a pass through conduit...

The question you must answer is the NVC processing for the I-130 going to be longer than the remaining processing time for the I-129F AND NVC. Unfortunately that is an unknown at the moment...

Edited August 25, 2008 by fwaguy

[daboyz 36]

If the I-130 is complete and is going to be faster, then why the continued desire for I-129F for K-3?

Based upon the timelines shown on this site, I disagree with what you've written. (So, why do you say that?)

For example: The processing time at the NVC is much longer for a CR-1 than for a K-3.

Follow these steps here:

http://www.visajourney.com/forums/index.ph...p;#entry1984191

You can finish with NVC in less than 6 weeks. It is a much better visa. She can work almost right away. You wont have to pay Adjustment of Status later on. So it's cheaper as well. I have decided to go this route, even though it maight take an additional 30-45 days. You are already way ahead by having your I-130 approved so quickly. I would take advantage of that.

[BenAndNida 0]

The question you must answer is the NVC processing for the I-130 going to be longer than the remaining processing time for the I-129F AND NVC. Unfortunately that is an unknown at the moment...

Actually, it is somewhat known, according to historical data on this website.

If my I-129F were processed along with my I-130 (as it should have been), the remaining wait time would only be about 77 days.

If I have to wait for NVC processing for my I-130 instead, the remaining wait time is over 140 days.

So, in summary, the remaining wait time (based upon the history/data on this website) is about *twice* as long for CR-1 as for K-3.

That is exactly why I applied for a K-3 visa, not a CR-1 visa.

[BenAndNida 0]

You can finish with NVC in less than 6 weeks. It is a much better visa. She can work almost right away. You wont have to pay Adjustment of Status later on. So it's cheaper as well. I have decided to go this route, even though it maight take an additional 30-45 days. You are already way ahead by having your I-130 approved so quickly. I would take advantage of that.

Where are you guys getting your data?

According to the historical data on this website, the NVC processing time for an I-130 application is currently about 115 days. (So, that is about 15 weeks, rather than 6 weeks.) Then, the following consulate processing is another 37 days.

So, the CR-1 route looks to be very slow to me, relative to the K-3 route (assuming an I-129F has already been approved by USCIS).

Btw: I totally don't care about the cost savings of CR-1. And we don't care about AOS time. We have no intention for my wife to work anyway. I just want my wife here in the U.S. with me ASAP. And that is why we went the K-3 route, and why this CR-1 diversion is so maddening to me.

[payxibka 10,044]

That is exactly why I applied for a K-3 visa, not a CR-1 visa.

Let's be perfectly clear about something... You have NOT applied for a visa. As a USC you do not need a visa. What you have done is petitioned the USCIS to determine eligibility for a spousal visa for your SO. Your spouse will sometime in the future apply for a visa.

Unfortunately there is no way to avoid submitting an I-130 petition as that is a pre-cursor to the I-129F. So it is either petition for determination of eligibility for a CR-1 or petition for determination of eligibility for a CR-1 AND a K-3. You cannot petiion for the eligibilty for K-3 alone. As sad as that is that is how it works.

[BenAndNida 0]

That is exactly why I applied for a K-3 visa, not a CR-1 visa.

Let's be perfectly clear about something... You have NOT applied for a visa. As a USC you do not need a visa. What you have done is petitioned the USCIS to determine eligibility for a spousal visa for your SO. Your spouse will sometime in the future apply for a visa.

Unfortunately there is no way to avoid submitting an I-130 petition as that is a pre-cursor to the I-129F. So it is either petition for determination of eligibility for a CR-1 or petition for determination of eligibility for a CR-1 AND a K-3. You cannot petiion for the eligibilty for K-3 alone. As sad as that is that is how it works.

I understand your attention to precise terminology, but when I say "I applied for a K-3 visa, not a CR-1 visa," that is merely shorthand, and I think everybody knows what I mean.

If my I-129F is approved along with my I-130 and submitted to NVC, we will end up with a K-3.

If only my I-130 is approved and submitted to NVC, we will end up with a CR-1.

I want a K-3, not a CR-1.

[~Jackie~ 30]

The end result IS a CR1. K3 is just a route to get there.

I also want the K3. And I'll tell ya why. NVC has not yet received the I130. Who knows then that will happen. Maybe in 3 months. Then all the ds3032s and the ds230s...it could take 5 months more at this speed.

The K3 would barely stop over at NVC then move on to Amman for an interview date. We were touched today! So either they are still processing our K3 or closing it out.

Jackie

good luck everyone

[pushbrk 12,239]

If my I-129F is approved along with my I-130 and submitted to NVC, we will end up with a K-3.

If only my I-130 is approved and submitted to NVC, we will end up with a CR-1.

I want a K-3, not a CR-1.

Moot, as your I-129F was not approved along with your I-130. K3 visas are not available when an immigrant visa is immediately available. There's even a possibility your I-129F will be rejected altogether because you have an approved I-130.

These are your choices as I see them.

1. Do nothing about your I-130 at NVC. Just ignore them and wait for your I-129F.

2. Push through with the I-130 and if the I-129F catches up and passes it, great. Then you can decide what to do when the time comes.

The downside of option one is you have no clue how long it will take for your I-129F to be approved or if it ever will be and you can't get any of that time back.

The downside of option two is that you could end up paying an immigrant visa fee for an visa that is never issued.

If there is a K4 child involved for whom you failed to file an I-130, I'd go with option 1. Otherwise option 1, is just foolish.

On the other hand, if you just want to complain about things not working out as you planned instead of rejoicing in a 30 day petition approval when others have waited nearly a year, let us know so we can ignore you.

[BenAndNida 0]

Moot, as your I-129F was not approved along with your I-130. K3 visas are not available when an immigrant visa is immediately available. There's even a possibility your I-129F will be rejected altogether because you have an approved I-130.

Hmmm... I don't understand what you mean here.

From what I understand, K-3 visas can be issued at any time, as can CR-1 visas. This petition is for my wife, so I don't believe there is any sort of visa quota involved here in my case.

[BenAndNida 0]

I just called USCIS, and the person I spoke with suggested that I could request expedited processing of my I-129F to resolve this situation, as my I-130 has already been approved and my I-129F should have been approved along with it.

I think that is what I should do.

[pushbrk 12,239]

Moot, as your I-129F was not approved along with your I-130. K3 visas are not available when an immigrant visa is immediately available. There's even a possibility your I-129F will be rejected altogether because you have an approved I-130.

Hmmm... I don't understand what you mean here.

From what I understand, K-3 visas can be issued at any time, as can CR-1 visas. This petition is for my wife, so I don't believe there is any sort of visa quota involved here in my case.

Happy to clarify. If an I-130 is approved before USCIS receives an I-129F, the I-129F will be rejected because one of the conditions for filing the I-129F for a spouse is that an I-130 be "pending". On another score, if your I-130 is on station at a US Consulate abroad, a K3 visa cannot be issued because an immigrant visa is "immediately available". I wasn't referring to quotas.