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American2007

K3 still the best route to bring spouse in USA

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Filed: K-3 Visa Country: Pakistan
Timeline

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

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I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

OK, it is very confusing. Basically, to apply for the K-3 visa, you file the I-130, when you get the NOA1 for that, you file the I-129f. In the current situation, the I-130 (by experience of the people on here) gets pulled out of line, and 'married' with the I-129f when they receive it. That sets you back 2-4 weeks, if you do it promptly. When they both hit NVC (the second step) the I-129f is closed, and they process only the I-130 for a CR-1. There have been rare instances of the I-129f getting through on its own, but I would not trust that. I am assuming that your spouse is outside of the US right now. Does she/he have children? How to proceed will somewhat depend on that.

The CR-1 is superior to the K-3 in that, when your spouse makes it to the US, they do not have to do the AOS process, which is expensive and time consuming. However, there are other factors, like kids and location, that make the K-3 preferable (although still somewhat unattainable).

Edited by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The National visa center receives the approved I129F (k3) application, and it is at that level it's administratively closed. I just had this happen to me two days ago. We sent in the I130 and it was approved and sent to the NVC, about a week later, our approved I129F was sent to the NVC. I phoned and spoke with a rep at the NVC, and she said because they see I have an approved I130, the K3 application is closed. I asked to speak with her supervisor who said there was nothing they could do to keep the K3 application alive. I asked to speak with the supervisor's supervisor, who said wouldn't be able to change it either, and was not in the office.

Bottom line: The I129F for your K3 ap has no problem going through USCIS, it's when it gets to the next level at the NVC (National Visa Center) they kill it! Cannot tell you the frustration and heartache this is causing our family, but we'll make it through.

Is your spouse that you want to sponsor outside the US?


I-130 Received Date per letter Feb 22, 2010

I-130 NOA1 Notice Date per letter Feb 28, 2010

I-130 Touched March 2, 2010

I-130 Touched March 23, 2010 no e-mail despite e-mail alert on, thankful nonetheless!

Kids Register of Birth Abroad & passport appointment March 31st, 2010 approved.

I-129F NOA1 April 8, 2010 (Let's see what happens with this K3 application) ugh!

I-129F Touched June 15, 2010

I-129F RFE (our atty forgot to complete 2 lines)

I-130 Approved June 23, 2010 121 days from NOA1

I-129F RFE details Received by USCIS July 7, 2010

I-130 Case # at NVC obtained July 8, 2010

I-130 NVC sent affidavit of support and visa bills July 8, 2010

I-129F approved by USCIS and sent to NVC

I-129F confirmed received by NVC and per supervisor, it will be administratively closed

I-129F letter recvd of administratively closed K3 app Aug 2, 2010

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Filed: K-3 Visa Country: Pakistan
Timeline

Yes, My Wife is outside the USA. We don't have any Kids but we hate to wait 6-9 months for the Green Card "immigration" process VS "non-immigrant" K3 process which is shortest route.

Step 1: Immigrant Petition for Alien Relative - Form I-130

You must first file an immigrant Petition for Alien Relative, Form I-130 for your spouse and children with your local USCIS Office in the United States. 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.

Step 2: Petition for Alien Fiancé(e), Form I-129F

After you have received the receipt note (Notice of Action - Form I-797), you should file the 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 USCIS.

Note: Using Form I-129F ( Petition for Alien Fiancé(e)) for K-3 Visa purposes

The I-129 Form, Petition for Alien Fiancé(e) is used to obtain a K-3 visa for your alien spouse. Fill out the form as directed, except assume that "fiancé" or "fiancée" means "spouse." Note that filing this form is only necessary to facilitate the entry of your spouse as a non-immigrant.

Refer to the form for additional instructions for using I-129F for a non-immigrant visa for your spouse.

Step 3: Spouse (and children if applicable) apply for visa in home country

The foreign spouse will go to a US embassy in his/her home country and apply for the K-3 visa, and his/her children will apply for the K-4 visa if applicable.

Step 4: After coming to USA file for Adjustment of status (AOS) by filing I-485

Your spouse must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).

Step 5: If you have been married for less than 2 years, file to Remove Conditions on Permanent Status for your spouse

If you have been married for less than 2 years then you most likely have a conditional permanent residence. Which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status

If We Follow the 5 Steps as states above Where do we have the Problem?

Thanks alot for all the great information , I really appreciate it.

Kas

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Filed: AOS (apr) Country: Philippines
Timeline

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

Your plan won't work... If the I-130 is approved you are precluded from submitting the I-129F petition for K-3. The I-129F filing requires that you have a previously filed but unapproved I-130.

The USCIS has no or little information on the K-3 visa because it does not actually issue the visa. It only approves the prerequisite petition to determine eligibility and the Department of State takes over and issues the visa


YMMV

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

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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Filed: Other Country: China
Timeline

I am about to file I-130 for my wife. I am so confused about K3 being closed from this website. USCIS website has no indication of K3 has been closed.

So, Help me understand why shouldn't I apply for K3 after I-130 is approved? My plan is to file for I-130, wait for it to be approved then file for K3.

Please advice.

Thanks

Kas

USCIS doesn't issue visas. They'll process your I-129F petition and send it to NVC. NVC will then close it. Two separate government agencies that have a history of turf wars.


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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Filed: Country: India
Timeline

USCIS doesn't issue visas. They'll process your I-129F petition and send it to NVC. NVC will then close it. Two separate government agencies that have a history of turf wars.

USCIS does issue some types of VISAS. An example is U visa. USCIS does not issue K3 visa.


9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

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Filed: AOS (apr) Country: Philippines
Timeline

USCIS does issue some types of VISAS. An example is U visa. USCIS does not issue K3 visa.

No they don't... if you look more closely at the I-918 on the USCIS website it indicates Petition for U Nonimmigrant Status. Status and visa are two very different things. USCIS grants "status" and the DOS grants "visas". Many people will attempt to use the word status and visa interchangeably which is not correct.


YMMV

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Filed: Country: India
Timeline

No they don't... if you look more closely at the I-918 on the USCIS website it indicates Petition for U Nonimmigrant Status. Status and visa are two very different things. USCIS grants "status" and the DOS grants "visas". Many people will attempt to use the word status and visa interchangeably which is not correct.

If you look at the below two websites(official USCIS links and not 3rd party), it does say that USCIS grants U- visas...

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5d5d58a734cd9210VgnVCM100000082ca60aRCRD&vgnextchannel=469ce28457f69210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD


9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

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Filed: AOS (apr) Country: Philippines
Timeline

Do you read closely?

U.S. Citizenship and Immigration Services (USCIS) today announced it has approved 10,000 petitions for U nonimmigrant status (also referred to as the “U visa”) in fiscal year 2010.

Victims of Criminal Activity: U Nonimmigrant Status

The referred to is the interchangeability I mentioned, but is technically incorrect...

A citizen of a foreign country who seeks to enter the United States (U.S.) generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship. Certain international travelers may be eligible to travel to the U.S. without a visa if they meet the requirements for visa-free travel.

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the U.S. While having a visa does not guarantee entry to the U.S, it does indicate a consular officer at a U.S Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the U.S., for a specified status and period of time.

Edited by payxibka

YMMV

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Filed: Other Country: China
Timeline

I filed a I-129f in June10. NOA1 was recieved July10. Approval notice came Nov10.

So now the NVC will kill my case? What will happen to my fiancee's visa?

Nothing. You aren't reading carefully. This is the K3 forum and the I-129Fs referred to here are for spouse, not fiancee.


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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Filed: Lift. Cond. (apr) Country: China
Timeline

I am about to file I-130 for my wife.

Please advice.

Thanks

Kas

Just file the I-130 and let that process run its course.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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