strange scenario on K3 visa processing

[kumtu123 0]

I got an e-mail from USCIS saying that my I-130 is approved. The status of I-129F is still pending.

I am confused. what should I do next.

[Malrothien 6]

That will always happen. They are technically separate cases (I130 = CR1/IR1). It's the combination that makes them the K3. If you wish to pursue the K3, you will have to wait until the I129F is approved.

[kumtu123 0]

That will always happen. They are technically separate cases (I130 = CR1/IR1). It's the combination that makes them the K3. If you wish to pursue the K3, you will have to wait until the I129F is approved.

If I want to proceed with CR1/IR1, what should be my next step.

[Malrothien 6]

http://www.visajourney.com/forums/index.ph...page=i130guide1

Read this.

[kumtu123 0]

http://www.visajourney.com/forums/index.ph...page=i130guide1

Read this.

Thanks for your response (Malrothien ).

I was reading those and they say CR1/IR1 will take longer than K3.

[Malrothien 6]

http://www.visajourney.com/forums/index.ph...page=i130guide1

Read this.

Thanks for your response (Malrothien ).

I was reading those and they say CR1/IR1 will take longer than K3.

That is outdated, I do believe. You already have the approval for the I130, so you're ahead of the game there. Please also consider that with a K3 you will had to adjust status once your spouse comes to the US. With the CR1/IR1 you do not need to do that.

[kumtu123 0]

http://www.visajourney.com/forums/index.ph...page=i130guide1

Read this.

Thanks for your response (Malrothien ).

I was reading those and they say CR1/IR1 will take longer than K3.

That is outdated, I do believe. You already have the approval for the I130, so you're ahead of the game there. Please also consider that with a K3 you will had to adjust status once your spouse comes to the US. With the CR1/IR1 you do not need to do that.

If I would like to continue on I-129F, What should I do with this I-130 approval.

[Malrothien 6]

You should ignore it. But if it were me, I would go with the CR1.

[payxibka 10,044]

If the I-130 is approved and the I-129F is NOT... the I-129F will not be approved...

the I-129F will only be approved before or at the same time as the I-130...

Since the I-130 is approved and if the I-129F really has not been approved, the I-129F is dead.

[Malrothien 6]

If the I-130 is approved and the I-129F is NOT... the I-129F will not be approved...

the I-129F will only be approved before or at the same time as the I-130...

Since the I-130 is approved and if the I-129F really has not been approved, the I-129F is dead.

Proof of this, please, because I have never heard of that.

[payxibka 10,044]

Since the visa petition is no longer pending then the I-129F will no longer be reviewed. That is why the I-129F petition needs be approved before or concurrently with the I-130.

You will never see an I-129F approved after and I-130...

If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

USCIS Response on April 30, 2008: USCIS has been administratively closing the I-129F upon approval of the I-130.

http://www.dhs.gov/xabout/structure/gc_1226610454071.shtm

Edited August 21, 2009 by payxibka

[imaisha 0]

payxibka speaks the truth. There have been a few posters here startled by an I-129f denial for just that reason.

[childress_london 3]

Well this is confusing, because the last statement on that page says:

USCIS Response on August 18, 2008: USCIS does not notify the Department of State regarding the termination of the K-3 petition, since such termination does not affect the immigrant visa process or the applicant’s eligibility for an immigrant visa. It should be noted, however, that USCIS is no longer administratively closing the I-129F/K-3s and that it is sending both the approved I-129F/K-3 petition and the approved I-130 petition to the Department of State. My 129F and I130 were both approved and sent on together in May of this year. I suggest the OP call USCIS and ask that her call be escalated. There might be more to this case than meets the eye.

[kumtu123 0]

Well this is confusing, because the last statement on that page says:

USCIS Response on August 18, 2008: USCIS does not notify the Department of State regarding the termination of the K-3 petition, since such termination does not affect the immigrant visa process or the applicant’s eligibility for an immigrant visa. It should be noted, however, that USCIS is no longer administratively closing the I-129F/K-3s and that it is sending both the approved I-129F/K-3 petition and the approved I-130 petition to the Department of State. My 129F and I130 were both approved and sent on together in May of this year. I suggest the OP call USCIS and ask that her call be escalated. There might be more to this case than meets the eye.

thanks for your response.

I checked the status of I-129 F. the status is now changed to approved.

What next?

[payxibka 10,044]

Well this is confusing, because the last statement on that page says:

USCIS Response on August 18, 2008: USCIS does not notify the Department of State regarding the termination of the K-3 petition, since such termination does not affect the immigrant visa process or the applicant’s eligibility for an immigrant visa. It should be noted, however, that USCIS is no longer administratively closing the I-129F/K-3s and that it is sending both the approved I-129F/K-3 petition and the approved I-130 petition to the Department of State. My 129F and I130 were both approved and sent on together in May of this year. I suggest the OP call USCIS and ask that her call be escalated. There might be more to this case than meets the eye.

Yes, when the I-129f is approved first or when they are concurrently approved..... If the I-130 is truly approved alone (because the two files were never "joined" together, for whatever reason) then the I-129f is dead if it ever reaches an adjudicators desk later on.

And as the OP has now indicated it appears it was in fact a concurrent approval