applying for a K3 visa after I-130 has been approved

[Bob1971 0]

I have submitted two petitions (to USCIS) for my spouse in India. One is a I-130 petition and the other is the I-129F petition. Both of these petitions have been approved (by USCIS - Vermont Service Center) on the same day. NVC has forwarded the I-129F petition (for the K3 visa) to the Madras Consulate (in India) a few days ago.

I read in one of the immigration forums that the consulate would reject the K3 visa if the I-130 petition has been approved. And that we have to go through the IR1/CR1 process for the spouse in India to get the visa to enter US. Is this true?

Any help would be greatly appreciated?

Thanks!

Bob

[daboyz 36]

I have submitted two petitions (to USCIS) for my spouse in India. One is a I-130 petition and the other is the I-129F petition. Both of these petitions have been approved (by USCIS - Vermont Service Center) on the same day. NVC has forwarded the I-129F petition (for the K3 visa) to the Madras Consulate (in India) a few days ago.

I read in one of the immigration forums that the consulate would reject the K3 visa if the I-130 petition has been approved. And that we have to go through the IR1/CR1 process for the spouse in India to get the visa to enter US. Is this true?

Any help would be greatly appreciated?

Thanks!

Bob

Your talking about two different things. Right now you currently have two approved petitions. You can follow both paths. The K-3 is slightly quicker, but the IR-1/CR-1 is a much superior and cheaper path. Your spouse will receive a green card upon arrival in the US without having to file Adjustment of Status.

What you are referring to is if both petitions arrive at the embassy prior to the interview, the consulate MUST interview for the CR-1 visa. The CR-1 petition will never go to the embassy unless you follow the steps going through NVC. The K-3 petition will automatically go to the consulate without you having to do anything at NVC.

[Bob1971 0]

I have submitted two petitions (to USCIS) for my spouse in India. One is a I-130 petition and the other is the I-129F petition. Both of these petitions have been approved (by USCIS - Vermont Service Center) on the same day. NVC has forwarded the I-129F petition (for the K3 visa) to the Madras Consulate (in India) a few days ago.

I read in one of the immigration forums that the consulate would reject the K3 visa if the I-130 petition has been approved. And that we have to go through the IR1/CR1 process for the spouse in India to get the visa to enter US. Is this true?

Any help would be greatly appreciated?

Thanks!

Bob

Your talking about two different things. Right now you currently have two approved petitions. You can follow both paths. The K-3 is slightly quicker, but the IR-1/CR-1 is a much superior and cheaper path. Your spouse will receive a green card upon arrival in the US without having to file Adjustment of Status.

What you are referring to is if both petitions arrive at the embassy prior to the interview, the consulate MUST interview for the CR-1 visa. The CR-1 petition will never go to the embassy unless you follow the steps going through NVC. The K-3 petition will automatically go to the consulate without you having to do anything at NVC.

Thanks for your response. I understand the advantages of following the CR-1 process, but I want to take the K3 route so that my wife gets here quickly. The I-130 petition will remain with NVC and will never arrive at the consulate. I just wanted to make sure that when she turns up for her K3 visa interview at the consulate, they will not reject it because her I-130 petition has been approved.

[daboyz 36]

I have submitted two petitions (to USCIS) for my spouse in India. One is a I-130 petition and the other is the I-129F petition. Both of these petitions have been approved (by USCIS - Vermont Service Center) on the same day. NVC has forwarded the I-129F petition (for the K3 visa) to the Madras Consulate (in India) a few days ago.

I read in one of the immigration forums that the consulate would reject the K3 visa if the I-130 petition has been approved. And that we have to go through the IR1/CR1 process for the spouse in India to get the visa to enter US. Is this true?

Any help would be greatly appreciated?

Thanks!

Bob

Your talking about two different things. Right now you currently have two approved petitions. You can follow both paths. The K-3 is slightly quicker, but the IR-1/CR-1 is a much superior and cheaper path. Your spouse will receive a green card upon arrival in the US without having to file Adjustment of Status.

What you are referring to is if both petitions arrive at the embassy prior to the interview, the consulate MUST interview for the CR-1 visa. The CR-1 petition will never go to the embassy unless you follow the steps going through NVC. The K-3 petition will automatically go to the consulate without you having to do anything at NVC.

Thanks for your response. I understand the advantages of following the CR-1 process, but I want to take the K3 route so that my wife gets here quickly. The I-130 petition will remain with NVC and will never arrive at the consulate. I just wanted to make sure that when she turns up for her K3 visa interview at the consulate, they will not reject it because her I-130 petition has been approved.

If you don't respond to NVC concerning the I-130/CR-1, then nothing will happen. They will only forward the K-3 to the consulate. Be prepared for your spouse to not be able to work until the AOS is approved. Also, you are looking at spending another $1010 for the AOS once the SO arrives in the US. Unless you have some reason to get your spouse here 4-6 weeks earlier, then the K-3 is a poor choice.

[Y's_habibitk 2]

I have submitted two petitions (to USCIS) for my spouse in India. One is a I-130 petition and the other is the I-129F petition. Both of these petitions have been approved (by USCIS - Vermont Service Center) on the same day. NVC has forwarded the I-129F petition (for the K3 visa) to the Madras Consulate (in India) a few days ago.

I read in one of the immigration forums that the consulate would reject the K3 visa if the I-130 petition has been approved. And that we have to go through the IR1/CR1 process for the spouse in India to get the visa to enter US. Is this true?

Any help would be greatly appreciated?

Thanks!

Bob

Your talking about two different things. Right now you currently have two approved petitions. You can follow both paths. The K-3 is slightly quicker, but the IR-1/CR-1 is a much superior and cheaper path. Your spouse will receive a green card upon arrival in the US without having to file Adjustment of Status.

What you are referring to is if both petitions arrive at the embassy prior to the interview, the consulate MUST interview for the CR-1 visa. The CR-1 petition will never go to the embassy unless you follow the steps going through NVC. The K-3 petition will automatically go to the consulate without you having to do anything at NVC.

Thanks for your response. I understand the advantages of following the CR-1 process, but I want to take the K3 route so that my wife gets here quickly. The I-130 petition will remain with NVC and will never arrive at the consulate. I just wanted to make sure that when she turns up for her K3 visa interview at the consulate, they will not reject it because her I-130 petition has been approved.

Yep, as long as you leave the CR1 at the NVC, they will do the k3 interview at the consulate..NO problems/issues Good luck to you and your wife.

[saaheb 0]

In my opinion, if you do respond to NVC regarding CR1, you may have both the options available. If K3 is approved first, your spouse can get here quicker and then go back for the I 130 interview again. You may end up spending some money on airfare, however you save on AOS.

[kumtu123 0]

In my opinion, if you do respond to NVC regarding CR1, you may have both the options available. If K3 is approved first, your spouse can get here quicker and then go back for the I 130 interview again. You may end up spending some money on airfare, however you save on AOS.

In my case also, I got both(i-130 and I-129F) approved at the same time.

I am persuing k3 route. my wife got k3 interview apt next month.

I got a letter from NVC asking me to proceed with i-130 route.

What should I do with this letter