I-129F to NVC First Intentionally?

[dirtpile 0]

I've read all the K3 posts re: the Feb 1st change.

So is there any way to simply write a letter and explain you want the K3 so please forward the I-129F first? In my case it would save me a huge amount of time. I doubt this is possible but anyone try it?

[pushbrk 12,974]

I've read all the K3 posts re: the Feb 1st change.

So is there any way to simply write a letter and explain you want the K3 so please forward the I-129F first? In my case it would save me a huge amount of time. I doubt this is possible but anyone try it?

Nobody has reported a successful attempt at doing this yet. It can't hurt to try. Please let us know how it goes.

Why do you think it would save you more than a few weeks time though?

[dirtpile 0]

I'm still a newbie so I may be wrong but I am trying to bring a Canadian wife, 2 yr son and another who is due in 1 week to join me here in US. I assume if I can't go the K3 route than I will have to go the IR-1 route which would mean I-130's for both kids. But the unborn son's birth registration will take 4 mos. alone. We can then file for a birth certificate. Presuming I can't file an I-130 for my 2nd son until all this stuff is in my hands a K3 visa may save me lots of time. Unless I needed all of that stuff for a K4 as well or a simple letter or other document would suffice then I wouldn't need to wait in either case. Thoughts?

[Deputy Purple 1,294]

Are you the biological father of the kids?

If so then why not just file CRBA for them?

Edited June 8, 2010 by Bob 4 Anna

[dirtpile 0]

yes but i don't meet the residency requirements. i didn't live 2 yrs after my 14th bday. also i don't believe my paretns (usc) can help either as i think it said the baby has to be living with them? i can't find those requirements now

[astronaut 3]

We've filed the I129F for K3 spousal along with the I130 requesting in big bold letters to please send the approved I129F to NVC first, and then send the I130. This was all handled by our immigration atty. Still waiting to see what happens, and as most people on VJ, trying not to let the waiting get to me!

Also, I did the register of birth abroad process for our 2 kids, but I did meet the residency requirements.

Not sure if an immigration atty could be helpful in your situation? Many do a free consulation and let you know what they can do and how much they'd charge. Aila is an immigration attorney's association that you can check out if you're interested in seeing their list of attys.

[pushbrk 12,974]

We've filed the I129F for K3 spousal along with the I130 requesting in big bold letters to please send the approved I129F to NVC first, and then send the I130. This was all handled by our immigration atty. Still waiting to see what happens, and as most people on VJ, trying not to let the waiting get to me!

Also, I did the register of birth abroad process for our 2 kids, but I did meet the residency requirements.

Not sure if an immigration atty could be helpful in your situation? Many do a free consulation and let you know what they can do and how much they'd charge. Aila is an immigration attorney's association that you can check out if you're interested in seeing their list of attys.

Untll somebody has actual success in getting USCIS or NVC to pay attention to such a request and then respond accordingly, we are doing nothing but shooting in the dark here.

The OP's case is certainly the kind of circumstance where the K3/K4 is ideal and a reason REMAINS for NVC to continue processing the I-129F. So far, there's no evidence they understand that or are willing to respond to requests.

I'm aware of a very recent case for to CR2 children were just case complete at NVC. Their school isn't out until July 13, so in all correspondence, the first sheet under the cover sheet was huge bold red letters requesting the interview be after the 19th of July. Both kids are scheduled for July 13.

It's worth a try but I would be prepared for plan B.

[Darnell 8,478]

Welcome to VJ ! Good Luck !

[Ronald and Elvira 0]

This is from the DOS in regards to K3 visa

http://travel.state.gov/visa/immigrants/types/types_2993.html

What do I need to do to receive a K-3 visa?

1. You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the U.S. Citizenship and Immigration Services (USCIS) Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

2. You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

* The nonimmigrant K visa will be administratively closed.

* The application process explained below will not be applicable and cannot be used.

* The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

Children Have Derivative Status

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the U.S., they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child.

Here is DOS Info on IR1/CR1 Visa

http://travel.state.gov/visa/immigrants/types/types_1315.html

Important Notice: If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent's F2 petition. A child is not included as a derivative in his/her parent's IR petition.

Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Believe me Its a lot cheaper in the long run to go the IR-1/CR-1 route I started K3 and ended up CR-1 as for my son When i sent the I130 in I requested it be expedited to catch up with my wife's because we had files K3 it only took 25 days to approve his I130

[dirtpile 0]

So short answer... I can give it a try but its unlikely they will do it for me? I guess I hope for the best be/c the K3 for me (if I have it understood correctly) will save me time. I am willing to pay a little extra by having to do another visa after. I would prefer to have my family with me quicker.

If I send along the I-129F do i have to wait for that to be closed before I can file an I-130 for my boys? ie. can I hedge my bets by taking a shot at the K3 with a letter explicitly stating my case and asking (*begging*) them to forward my I129 first but also file I130's when once I am able to for my boys.

OR

If I start the K3 do I have to wait until they close it and then file I130s?

Also, do they close the K3 only in the case that the I130 and I129 arrive at the same time or do they close it if at any point both forms are at the NVC?

Thanks for all the help.

[pushbrk 12,974]

So short answer... I can give it a try but its unlikely they will do it for me? I guess I hope for the best be/c the K3 for me (if I have it understood correctly) will save me time. I am willing to pay a little extra by having to do another visa after. I would prefer to have my family with me quicker.

If I send along the I-129F do i have to wait for that to be closed before I can file an I-130 for my boys? ie. can I hedge my bets by taking a shot at the K3 with a letter explicitly stating my case and asking (*begging*) them to forward my I129 first but also file I130's when once I am able to for my boys.

OR

If I start the K3 do I have to wait until they close it and then file I130s?

Also, do they close the K3 only in the case that the I130 and I129 arrive at the same time or do they close it if at any point both forms are at the NVC?

Thanks for all the help.

You can file the I-130 petitions anytime regardless of the status of any I-129F for spouse.

[Ronald and Elvira 0]

I would start your son's I 130 as soon as you can because you will have to do it anyways just make a note in your cover letter that you are processing for k3 and give the case number to reference of your wife's..there humans and understand about family. And will move the children Petitions through faster because they have already done the background checks on you and your wife. And there is a really good chance your Wife's petitions will go together to NVC if you have followed there instructions and will probably end up being IR1/CR1 anyways. So don,t wait to submit your sons and don,t forget you will need to state you have already submitted a petition on your wife,s behalf On Section D line 1 and 2 of your son's I 130. you will have to let then know if you have if you submitted petitions for other family members.

Example of answer for line 2 .... John Doe - I-130 petition See Attached I-797 Case#WAC-xx-xxx-xxxxx approved 2/5/2010 or it could state pending approval

[dirtpile 0]

Also, do they close the K3 only in the case that the I130 and I129 arrive at the same time or do they close it if at any point both forms are at the NVC?

ie. does the I-129 have to beat the I-130 there? Or can it arrive later and the policy just means that they can't arrive at the EXACT same time?

Thanks for all the help.

[pushbrk 12,974]

Also, do they close the K3 only in the case that the I130 and I129 arrive at the same time or do they close it if at any point both forms are at the NVC?

ie. does the I-129 have to beat the I-130 there? Or can it arrive later and the policy just means that they can't arrive at the EXACT same time?

Thanks for all the help.

I'm afraid there's not been enough history reported to know for certain. The safe bet would be for the I-129F to arrive first if possible, as it only stays there a week or so.

[Ronald and Elvira 0]

I can report my I129 and I130 were approved a few days apart but they both arrived at the NVC on the same Day thus The I129 (k3)Was administratively closed and The NVC started Processing as a CR1 At that point I went ahead and submitted the I130 for my Stepson It added a month to whole process but their paperwork is moving together at the NVC and within a few weeks I am expecting an Interview date.