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Confused about K-3 Filing

By I+H in K-3 Spouse Visa Process & Procedures

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I+H Community Regular

I+H   11

Posted
Filed: AOS (apr) Country: United Arab Emirates
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Posted

If I marry in a foreign country, it says I must file for the K-3 in that country. But then elsewhere it says I must file the I-130 first and makes it seem like that files the K-3 automatically. I am really confused. I just do not want the process to be delayed and would like to gather all information now.

12-27-2010: I-129F arrived at USCIS sent packet on 12/23

12-29-2010: Notice date on NOA1

12-31-2010: Check cleared

01-02-2011: NOA1 received via SMS & E-Mail

01-06-2011: NOA1 hardcopy received via USPS[/color]

2-17-2011:Touched

04/12/2011:NOA2!!!!!

4-18-11: Received by NVC

4-20-11: Left NVC

4-24-11: Received by the consulate in Abu Dhabi

4-27-11:Received both packet 3 & 4 via e-mail from Abu Dhabi

7-25-11:Interview date-Administrative Processing

8-3-11:Administrative Processing ended - APPROVED!!!!!! :D

8-25-11:POE-SFO

9-10-11:Married!!!

9-26-11:Sent AOS Packet

10-6-11:Received NOA1s via text and E-mail

10-9-11:NOA1 hardcopies received, along with biometrics appointment letter

10-25-11:Biometrics Appointment

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted (edited)

Ya, I can understand that the language can be confusing.

If you've 'read that somewhere' - perhaps it was 'the part' that covered the VISA APPLICATION PROCESS, where the VISA APPLICATION is filed at the Embassy abroad (always the case) AFTER the I-129F petition arrived at the Embassy.

Going Backwards -

K-3 Visa Interview at Embassy

DS-156, DS-156K, DS-230, DS-157 filed at Embassy (These are the VISA Application forms used when filing for K-3 visa)

Embassy receives I-129F

NVC Sends I-129F to Embassy

NVC Receives approved I-129F petition

USCIS approves I-129F petition

USC files I-129F petition

USC receives I-130 NOA-1

USC files I-130 petition

The K-3 is never 'automatically filed' - one must actually fill out another petition, the I-129F, after receiving the receipt notice on the I-130 petition.

If you've 'done nothing so far', don't even fret about the K-3, as IF it shows up at the same time as the I-130, at NVC, NVC will administratively close the I-129F. See http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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pushbrk Grand Master

pushbrk   12,092

Posted
Filed: Other Country: China
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Posted

If I marry in a foreign country, it says I must file for the K-3 in that country. But then elsewhere it says I must file the I-130 first and makes it seem like that files the K-3 automatically. I am really confused. I just do not want the process to be delayed and would like to gather all information now.

CR1 is the currently viable spouse visa for a newlywed. K3 is effectively obsolete. I suggest you disregard all references to the K3 visa and study the IR1/CR1 guide and I-130 petition instructions.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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  • 5 weeks later...
Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

hey - any news? what you decide to do ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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