k3 visa ineligibility coz of I-130 approval ?

[Honored 0]

http://www.***removed***/visas/kvisa/consulate-process.html

I have read it on this site under INTERVIEW, that i wont be eligible for my k3 visa if my I-130 is approved. How true is it. My K3 interview is next month, and both my I-129f and I-130 were approved same time in early March and i decided to go with K3, hoping my CR1 will eventually die.

help!!

Edited April 18, 2009 by Honored

[payxibka 10,044]

http://www.***removed***/visas/kvisa/consulate-process.html

I have read it on this site under INTERVIEW, that i wont be eligible for my k3 visa if my I-130 is approved. How true is it. My K3 interview is next month, and both my I-129f and I-130 were approved same time in early March and i decided to go with K3, hoping my CR1 will eventually die.

help!!

Not completely true, if the I-130 is approved first, then the I-129F will stop processing... not the same as a simultaneous approval

CR1 dies if you do not respond to NVC...

[blue123 0]

http://www.***removed***/visas/kvisa/consulate-process.html

I have read it on this site under INTERVIEW, that i wont be eligible for my k3 visa if my I-130 is approved. How true is it. My K3 interview is next month, and both my I-129f and I-130 were approved same time in early March and i decided to go with K3, hoping my CR1 will eventually die.

help!!

Same thing for me both approved on the same day but I am hoping to let the K3 go as CR-1 is the better one.

[pushbrk 12,182]

http://www.***removed***/visas/kvisa/consulate-process.html

I have read it on this site under INTERVIEW, that i wont be eligible for my k3 visa if my I-130 is approved. How true is it. My K3 interview is next month, and both my I-129f and I-130 were approved same time in early March and i decided to go with K3, hoping my CR1 will eventually die.

help!!

This is where the correct terminology, careful reading and literal interpretation are so important. Once an I-130 is already approved, an I-129F for spouse will not be. In practice, when the I-129F is timely filed, both petitions are approved together now, so both procede to NVC. What you choose to do after the petitions are approved, is your choice. A petition is not a visa application.

For the last year or so, many petitioners wish they never filed an I-129F for spouse anyway. Even a little casual occassional reading here would bring you that knowledge.

[Reba 2]

Why would you choose the K3 over the CR1 anyway? That makes no sense at all. If the petitions for both are approved at the same time, go for the CR1. It'll cost you a whole lot less in the long run! Even if it does take an extra month or 2 at NVC.

[Mike and Yan 0]

Why would you choose the K3 over the CR1 anyway? That makes no sense at all. If the petitions for both are approved at the same time, go for the CR1. It'll cost you a whole lot less in the long run! Even if it does take an extra month or 2 at NVC.

My experiance is that the NVC holds up the I130.

My 129f/K3 is enroute to China.

On April 2 both were sent by the USCIS to the NVC.

Only the 129f made it out the NVC door.

The 130 is 'not received'.

From my reading VJ, the fun part is later when NVC ships my I130 prior to interview.

I think the NVC tries to time it so that your foreign spouse has no idea which to apply for.

You also wonder if the embassy will be giving a K3 or CR1 interview.

[daboyz 36]

Why would you choose the K3 over the CR1 anyway? That makes no sense at all. If the petitions for both are approved at the same time, go for the CR1. It'll cost you a whole lot less in the long run! Even if it does take an extra month or 2 at NVC.

My experiance is that the NVC holds up the I130.

My 129f/K3 is enroute to China.

On April 2 both were sent by the USCIS to the NVC.

Only the 129f made it out the NVC door.

The 130 is 'not received'.

From my reading VJ, the fun part is later when NVC ships my I130 prior to interview.

I think the NVC tries to time it so that your foreign spouse has no idea which to apply for.

You also wonder if the embassy will be giving a K3 or CR1 interview.

If you don't respond to NVC concerning the approved I-130, that will never go to the consulate.

[Reba 2]

If you don't respond to NVC concerning the approved I-130, that will never go to the consulate.

Exactly. The I-129Fs for K1s and K3 have always just gone right thru NVC, because NVC doesn't have anything to do with them. The consulate continues on with the processing of the application package. the I-130s though, because they are petitions for an immigrant visa, have to be processed by NVC and it takes some time to do. The quicker YOU respond to their requests, the quicker you'll get thru the process, and in the end, your spouse will have a green card/permanent resident status, with employment authorization when they arrive in the US. With the K3, there is no employment authorization, and an then you have the additional $1010 adjustment of status fee.

[rin and john 71]

http://www.***removed***/visas/kvisa/consulate-process.html

I have read it on this site under INTERVIEW, that i wont be eligible for my k3 visa if my I-130 is approved. How true is it. My K3 interview is next month, and both my I-129f and I-130 were approved same time in early March and i decided to go with K3, hoping my CR1 will eventually die.

help!!

See link, item 30:

http://travel.state.gov/visa/laws/telegram...grams_1431.html

"30. According to the LIFE Act, a K3 visa may be issued when "an immigrant visa is not immediately available to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "available" only when the actual approved I-130 petition has been received by the IV-issuing consular post."

So if you proceed with NVC and the consulate receives the I-130 petition, then you cannot still pursue the K-3. If you never respond to NVC regarding the IV-Bill, then the K-3 remains in play.