strange scenario on K3 visa processing

[childress_london 3]

Kumtu, your next step is to decide which one you want to follow. From what I've seen, the K3 is not really any faster than the CR1. The K3 will cost more money as you will have to pay for adjustment of status once the beneficiary is in the U.S. This runs around $1010 all together. With the CR1, you don't have that cost or the extra filing. The only benefit to the K3 that I can see (and is the reason I am following it) is because with the K3 the beneficiary interviews in the country where they got married. With the CR1, the interview is in the beneficiary's home country. My husband is from Iran, but lives in Canada. We got married in Canada and therefore, he is interviewing in Montreal, instead of Turkey or Dubai, which you can see would be a real hardship to have to go that far. I would not recommend following the K3 unless you have an extenuating circumstance that requires it. If you decide to follow the CR1, NVC will contact petitioner and beneficiary with the next step in the process. For the K3, NVC will send the petition to the Embassy and the Embassy will contact the beneficiary with instructions for the next step. Just ignore the instructions for the petition you do not want to follow. I hope this made sense.

[pushbrk 12,212]

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.

Absolutely wrong. Once an I-130 is approved, an I-129F cannot be later approved, because a prerequisite for approving an I-129F is a "pending" I-130. Once the I-130 is approved, it's no longer pending.

Since this is actually a concurrent approval (Normal for the past two years) the OP would be wise to ignore the I-129F and pursue the CR1 visa.

Edited August 22, 2009 by pushbrk

[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.

Absolutely wrong. Once an I-130 is approved, an I-129F cannot be later approved, because a prerequisite for approving an I-129F is a "pending" I-130. Once the I-130 is approved, it's no longer pending.

Since this is actually a concurrent approval (Normal for the past two years) the OP would be wise to ignore the I-129F and pursue the CR1 visa.

Yes, I've already been corrected.

[steffendanielle 0]

Hi,

I just wanted to add that the I-129F CAN be approved after the I-130. Our I-130 approval notice date was March 26th, 2009 and our I-129F approval notice date was June 5, 2009. The timing worked out perfectly for us because we had an RFE at the NVC for our CR-1, so by the time the K-3 made it to the embassy we were able to switch our CR-1 interview to the K-3 interview date.

[kumtu123 0]

Hi,

I just wanted to add that the I-129F CAN be approved after the I-130. Our I-130 approval notice date was March 26th, 2009 and our I-129F approval notice date was June 5, 2009. The timing worked out perfectly for us because we had an RFE at the NVC for our CR-1, so by the time the K-3 made it to the embassy we were able to switch our CR-1 interview to the K-3 interview date.

what does this mean?

Now can I not opt for K3 visa.

[Beth/ Paris Heart 2]

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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

[kumtu123 0]

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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

what does this mean?

Now can I not opt for K3 visa.

[Beth/ Paris Heart 2]

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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

what does this mean?

Now can I not opt for K3 visa.

Just wait and see if the K3 is sent to the NVC, they will have it long enough to assign a case number and forward to the embassy, but keep in mind the K3 could go under AP at NVC, then its best to run with the CR-1 that is what we are doing, probley be faster then waiting for K3 to come out of AP at NVC.

[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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

what does this mean?

Now can I not opt for K3 visa.

If the appropriate petitions are approved you can opt for what you want

[kumtu123 0]

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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

what does this mean?

Now can I not opt for K3 visa.

If the appropriate petitions are approved you can opt for what you want

Thank you payxibka..

[kumtu123 0]

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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

what does this mean?

Now can I not opt for K3 visa.

If the appropriate petitions are approved you can opt for what you want

Thank you payxibka..

The K3 Visa applicants whom have had their I-130 approved prior to their I-129f may chose to persue the I-130 path as opposed the the K3. This will allow the immigrating relative to enter as a permanent resident as opposed to having to file for adjustment once here. If the I-129f is later approved and forwarded to the embassy then you can write them to request the approved I-130 be acted on and the K-3 process abandoned.

Does this mean i have only one option.

[pushbrk 12,212]

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.

This statement makes me wonder why did USCIS approve my I-129F 2 days after the I-130, I too was shocked to see it approved after the I-130. USCIS is so confusing at times. But since Washington DC USCIS got involved in my case, I wonder if this is why the I-129F was approved anyways after I-130.

what does this mean?

Now can I not opt for K3 visa.

If the appropriate petitions are approved you can opt for what you want

Thank you payxibka..

The K3 Visa applicants whom have had their I-130 approved prior to their I-129f may chose to persue the I-130 path as opposed the the K3. This will allow the immigrating relative to enter as a permanent resident as opposed to having to file for adjustment once here. If the I-129f is later approved and forwarded to the embassy then you can write them to request the approved I-130 be acted on and the K-3 process abandoned.

Does this mean i have only one option.

No, but for the most part there's only one intelligent option. Always read carefully and interpret literally. Note the word "may" in the first sentence, then compare the meaning of "may" to "will" or "must".

The situation in which a K3 visa cannot be granted is when the I-130 is on station with the IV unit of Consular services. That makes the immigrant visa "immediately available" negating the possibility of granting a K3.

[Jen F 0]

Kumtu, your next step is to decide which one you want to follow. From what I've seen, the K3 is not really any faster than the CR1. The K3 will cost more money as you will have to pay for adjustment of status once the beneficiary is in the U.S. This runs around $1010 all together. With the CR1, you don't have that cost or the extra filing. The only benefit to the K3 that I can see (and is the reason I am following it) is because with the K3 the beneficiary interviews in the country where they got married. With the CR1, the interview is in the beneficiary's home country. My husband is from Iran, but lives in Canada. We got married in Canada and therefore, he is interviewing in Montreal, instead of Turkey or Dubai, which you can see would be a real hardship to have to go that far. I would not recommend following the K3 unless you have an extenuating circumstance that requires it. If you decide to follow the CR1, NVC will contact petitioner and beneficiary with the next step in the process. For the K3, NVC will send the petition to the Embassy and the Embassy will contact the beneficiary with instructions for the next step. Just ignore the instructions for the petition you do not want to follow. I hope this made sense.

hello im newbie here thanks for ur helpful info, i have some more questions, i filed k3/k4, the both approved at the same time but I-129 is returned to USCIS for reason i dont know, n I-130 seems a smoother way n seems to finish first, do we have to notify NVC tht we will just pursue i-130? how about my 2 kids we file k4 for them? i just email ds3032 today, if we get done upto the ds230 what would be the next step? if we r done with the ds230 n scheduled an interview when would tht be? u said it would be where the I-130 was filed, is that right?

thanks

[payxibka 10,044]

Kumtu, your next step is to decide which one you want to follow. From what I've seen, the K3 is not really any faster than the CR1. The K3 will cost more money as you will have to pay for adjustment of status once the beneficiary is in the U.S. This runs around $1010 all together. With the CR1, you don't have that cost or the extra filing. The only benefit to the K3 that I can see (and is the reason I am following it) is because with the K3 the beneficiary interviews in the country where they got married. With the CR1, the interview is in the beneficiary's home country. My husband is from Iran, but lives in Canada. We got married in Canada and therefore, he is interviewing in Montreal, instead of Turkey or Dubai, which you can see would be a real hardship to have to go that far. I would not recommend following the K3 unless you have an extenuating circumstance that requires it. If you decide to follow the CR1, NVC will contact petitioner and beneficiary with the next step in the process. For the K3, NVC will send the petition to the Embassy and the Embassy will contact the beneficiary with instructions for the next step. Just ignore the instructions for the petition you do not want to follow. I hope this made sense.

hello im newbie here thanks for ur helpful info, i have some more questions, i filed k3/k4, the both approved at the same time but I-129 is returned to USCIS for reason i dont know, n I-130 seems a smoother way n seems to finish first, do we have to notify NVC tht we will just pursue i-130? how about my 2 kids we file k4 for them? i just email ds3032 today, if we get done upto the ds230 what would be the next step? if we r done with the ds230 n scheduled an interview when would tht be? u said it would be where the I-130 was filed, is that right?

thanks

Do you have I-130's filed and approved for the kids?

[Jen F 0]

Kumtu, your next step is to decide which one you want to follow. From what I've seen, the K3 is not really any faster than the CR1. The K3 will cost more money as you will have to pay for adjustment of status once the beneficiary is in the U.S. This runs around $1010 all together. With the CR1, you don't have that cost or the extra filing. The only benefit to the K3 that I can see (and is the reason I am following it) is because with the K3 the beneficiary interviews in the country where they got married. With the CR1, the interview is in the beneficiary's home country. My husband is from Iran, but lives in Canada. We got married in Canada and therefore, he is interviewing in Montreal, instead of Turkey or Dubai, which you can see would be a real hardship to have to go that far. I would not recommend following the K3 unless you have an extenuating circumstance that requires it. If you decide to follow the CR1, NVC will contact petitioner and beneficiary with the next step in the process. For the K3, NVC will send the petition to the Embassy and the Embassy will contact the beneficiary with instructions for the next step. Just ignore the instructions for the petition you do not want to follow. I hope this made sense.

hello im newbie here thanks for ur helpful info, i have some more questions, i filed k3/k4, the both approved at the same time but I-129 is returned to USCIS for reason i dont know, n I-130 seems a smoother way n seems to finish first, do we have to notify NVC tht we will just pursue i-130? how about my 2 kids we file k4 for them? i just email ds3032 today, if we get done upto the ds230 what would be the next step? if we r done with the ds230 n scheduled an interview when would tht be? u said it would be where the I-130 was filed, is that right?

thanks

Do you have I-130's filed and approved for the kids?

Hmmm u make me think there. We file K3/K4 and it says that no need to file a separate petition for the kids, so for me as i understand once I-129 and I-130 is approved it will automatically approves them. Am i right?