Would K-3 Process Derail I-130 Process?

[UMK 0]

Hi,

I had applied for both the I-130 and the I-129f petition for a K-3 Visa (one or two months apart). At the time I was thinking that if my I-130 petition takes longer to get approved, then at least my I-129f petition would be approved without me having to wait for a real long time.

My question is this:

Since I had filed both the I-130 and the I-129F Petition for a K-3 Visa, would this slow down the processing of my I-130 Petition and possibly delaying it even more? Or are the two petition that I had filed, processed separately and would not affect the processing of the other petition? So for example, if I had filed the I-130 petition couple of months before the I-129f petition, would then the I-130 Petition be approved first (before the I-129f petition)?

My second question is this:

If say, my I-130 petition gets approved (which I hope is going to be the case, since I had applied for it a whole one to two months before I had sent out my I-129f petition for a K-3 Visa), then what would happen with my I-129f petition? Is there anything that I would need to do in order to let USCIS know that I want to go with the I-130 petition instead of the I-129f route?

Thanks in advance for your help, any advice on this matter would be very helpful.

[zidane 0]

Usually when you go for the K3 route, sending in both I130 and I129F petitions, they both get approved at the same time. After that you can decide which route to take at the NVC.

Filing I129F usually does not slow down your I130 processing at all, I think both are approved by considering the I130 filing date.

I haven't come across any cases where the I130 would be approved before the I129F, if that happens that usually means the I129F has been dropped completely and will not be approved at all.

[DesiMan 0]

Usually when you go for the K3 route, sending in both I130 and I129F petitions, they both get approved at the same time. After that you can decide which route to take at the NVC.

Filing I129F usually does not slow down your I130 processing at all, I think both are approved by considering the I130 filing date.

I haven't come across any cases where the I130 would be approved before the I129F, if that happens that usually means the I129F has been dropped completely and will not be approved at all.

I agree with you 100%, but let me ask you this: You know how they say that sometimes it's great if you don't have too many touches (as an indication that everything is good), then how come none of my applications move? I know it appears to be in late-Feb, early-March phase, but I don't have a clue on what they are doing!

Any help/advise is greatly appreciated.

[cmnb 0]

Usually when you go for the K3 route, sending in both I130 and I129F petitions, they both get approved at the same time. After that you can decide which route to take at the NVC.

Filing I129F usually does not slow down your I130 processing at all, I think both are approved by considering the I130 filing date.

I haven't come across any cases where the I130 would be approved before the I129F, if that happens that usually means the I129F has been dropped completely and will not be approved at all.

i beg to differ on the answers provided above. it is not true that both the applications will be approved at the same time...if that wud b the intent of USCIS, then whats the point of K3...although this has been seen more recently, but this is not the norm. and its not like you have the choice of deciding what you want...yes, you can play the game tactfully and delay the K3 process but u r not given a choice to pick.

plus, more recently we have seen cases where the i-129f is completely ignored and i-130 is approved first.

this whole system is so unpredictible.

but heres my answer/perspective to your questions:

1. one application would not slow down the other. they will take its normal time and it cannot be predicted which one will be approved first. many say that the real i-129f (K3 application) is considered when i-130 noa1 is issued, but again, due to plenty of unclear answers from USCIS there is no documented or official answer to this.

2. if your i-130 gets approved first, your i-129f will be cancelled and no futher action will be taken on that as the goal eventually is to get the i-130 approved. so if this happens you will automatically be signed up for the CR-1/IR-1 route.

hope this helps. good luck!

Edited September 21, 2008 by cmnb