K-3 or I-485

[canadian_wife 1,791]

Here on VJ we call the USCIS hotline the 'misinformation line"

Stop calling them. You call them 10 times and get different answers to your question. File the I130, wait for USCIS approval, then go through NVC, THEN your husband will applyf or the visa

Again, like pushbrk said, this is only good if he plans on living in the US. Google 'maintaining US permanent residency" to find out what he needs to do

Good luck

[pushbrk 12,154]

THANK YOU! How come the VJ users know more than the actual USCIS employees? In the past 2 weeks, we have had immigration say, file I-130 to I-29f to I-485 and then USCIS told me that I-130 to I-485 is fine and then eventually said that I could do both. Ok just going to follow your directions. Thanks a lot again and will forward this whole post and accompanying information to him. Thank you again.

If the USCIS employees were misinformed by you or simply uninformed about your husband's whereabouts and plans they would give the wrong information regardless. However, they don't issue visas and have little knowledge of the State Department's part of the process. Actually study the CR1 guide. That's what will get you on track.

[missads 59]

where do you get that info?

Here

http://www.visajourney.com/timeline/monthly_filers.php?visa=2&form=2&scenter=1&option=3&sortby=2

and here

http://www.visajourney.com/timeline/monthly_filers.php?visa=3&form=2&scenter=1&option=3&sortby=2

You'll notice two things

1. I-130 gets processed much faster for IR-1/CR-1 (i.e. those who weren't smartasses and didn't file that darned 129F after)

2. For K-3 applicants, the NOA2 dates for 130 and 129F are exactly the same in almost all cases.

Also, I get this info from bitter experience. Had I not filed 129F and had just sat tight after sending in the 130, I would have been dealing with the NVC by now

Just trying to pass on the lesson I learned the hard way

Edited August 22, 2010 by missads

[Darnell 8,478]

He has a tourist visa with 8 years left on it, but we need permanent residency and we can only get that through the I-485.

Usually, a USC will file an I-130 petition.

Once it's approved, the foreign spouse is then allowed to file for

either an IR-1 or CR-1 VISA. Some other stuff goes on, then finally,

an interview is scheduled at a foreign US embassy - perhaps in Turkey, perhaps some other country - depends on how you fill out the I-130 and DS-230.

Then - after the interview is completed, a visa stamp is placed in the foreign spouse's passport, and THEN the foreign spouse comes into the USA.

Once he/she arrives, there's another 'intake' process at a port of entry, and then within a month (usually) a green card automagically arrives, at the listed USC spouse's address.

Total time for this varies, from start to finish, there are variances based on queue load and namechecks, but a reasonable approximation is 8 to 11 months .

Please ditch the I-485, it's only for ppl inside the USA (or K-1/K-3 visa holders) and it adds an inordinate amount of time to the visa journey.

If you've been married for more than 2 years, on interview date, then the resulting visa type will be IR-1, which will result in a 10 year green card.

If you've been married for less than 2 years, on interview date, then the resulting visa type will be CR-1, which will result in a 2 year green card, with subsequent (2 years later) filing of a 'removal of conditions' case.

Suggest you follow this guide - http://www.visajourney.com/content/i130guide1

and good luck !

[LotofPatience 65]

Please ditch the I-485, it's only for ppl inside the USA (or K-1/K-3 visa holders) and it adds an inordinate amount of time to the visa journey.

Darnell, good one

Other non-immigrant categories with "dual intent" other than K1/K3 are H1/H4, L1 etc., but those are employment based categories.

As most employment based non-immigrants did, I came here in H1B visa, filed my green card (Labor Certification, I-140, I-485/I-765/I-131). That's a long old story

Loto

[Dakine 26]

THANK YOU! How come the VJ users know more than the actual USCIS employees? In the past 2 weeks, we have had immigration say, file I-130 to I-29f to I-485 and then USCIS told me that I-130 to I-485 is fine and then eventually said that I could do both. Ok just going to follow your directions. Thanks a lot again and will forward this whole post and accompanying information to him. Thank you again.

That's why the USCIS information line is called the "MISINFORMATION LINE" here on VJ.

[nab 74]

Here

http://www.visajourney.com/timeline/monthly_filers.php?visa=2&form=2&scenter=1&option=3&sortby=2

and here

http://www.visajourney.com/timeline/monthly_filers.php?visa=3&form=2&scenter=1&option=3&sortby=2

You'll notice two things

1. I-130 gets processed much faster for IR-1/CR-1 (i.e. those who weren't smartasses and didn't file that darned 129F after)

2. For K-3 applicants, the NOA2 dates for 130 and 129F are exactly the same in almost all cases.

Also, I get this info from bitter experience. Had I not filed 129F and had just sat tight after sending in the 130, I would have been dealing with the NVC by now

Just trying to pass on the lesson I learned the hard way

couple things....

each case is different... some K-3's are being processed.

the timelines you provide are only VJ members, which is a small sampling of what is actually out there.

As for your 'bitter experience", you truly dont KNOW that you would have been processed any faster/slower without the I-129F. To compare your case with another who filed at same time, unless they have EXACT petition as you (i.e. same state/country/sex/jobs/ages/background and so on) is just not possible. It can give you a 'guideline' of "what to expect and when", but like I said, each case is different. Even different people handling the exact same petitions inside USCIS may not handle them the same.

Dont mean to ruffle feathers but felt i should speak because it's one thing to tell people the K-3 'may be' closed at NVC but quite another to tell them as 'fact' that it is a slower route to go.

[LotofPatience 65]

couple things....

each case is different... some K-3's are being processed.

the timelines you provide are only VJ members, which is a small sampling of what is actually out there.

As for your 'bitter experience", you truly dont KNOW that you would have been processed any faster/slower without the I-129F. To compare your case with another who filed at same time, unless they have EXACT petition as you (i.e. same state/country/sex/jobs/ages/background and so on) is just not possible. It can give you a 'guideline' of "what to expect and when", but like I said, each case is different. Even different people handling the exact same petitions inside USCIS may not handle them the same.

Dont mean to ruffle feathers but felt i should speak because it's one thing to tell people the K-3 'may be' closed at NVC but quite another to tell them as 'fact' that it is a slower route to go.

I agree with nab. Mostly, both I-129F and I-130 will be approved at the same time and I-129F will be closed. However, there are cases where I-129F can be approved first. Then NVC will continue K-3 visa, based on I-129F.

Also, it is worth to note that there is NO FEE to process I-129F other than some photocopying and mailing charges.

Please review below from NVC website.

Loto

http://travel.state....types_2993.html

Important Notice: Effective February 1^st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition

The nonimmigrant K-3 visa case will be administratively closed. The application process explained below will not be available to the foreign-citizen spouse and cannot be used. The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the 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 receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition.

Edited August 23, 2010 by LotOfPatience

[missads 59]

...Dont mean to ruffle feathers but felt i should speak because it's one thing to tell people the K-3 'may be' closed at NVC but quite another to tell them as 'fact' that it is a slower route to go.

The data don't lie. Clearly from the timelines posted for IR-1/CR-1 and K-3, the former moves much faster. Even within the small sample that VJers are, there is a clear trend.

Add to that several other experienced VJers echoing the same sentiment - K-3 slows down the 130 processing, without real benefit, since the NVC almost always closes the K-3. (Note the "almost always" Nab! It's backed up by data too)Recently there's been only one case that I know of where the K-3 got processed (fescobar). Seems like an exception to the norm. I am in touch with him to find out more. Of course he will share his findings with the VJ community. Interview coming up on Aug.27. Goodluck fescobar!

Lastly, I am just one VJer voicing my opinion. I make a recommendation, but also point out members to data to make up their own minds. It's up to them what to do next ...

No hard feelings mate, but IMHO sometimes it is necessary to raise the red flag more forcefully to stop people from jumping off a cliff. If they decide to apply for K-3 anyway, I'm not physically preventing them from doing so. I am just doing what I wish someone else had done for me ...

As a side note, I think somebody should put a sticky on the K-3/IR-1 forums that IR-1/CR-1 is the same as I-130, and that no further petitions need to be sent. I have seen many newbies getting confused (intially myself included) and asking whether the IR-1/CR-1 is something they need to apply for separately, like the K-3. IMHO this is sticky-worthy information. Of course, there's no substitute for doing your own research, but let's make doing that a tad easier...

[missads 59]

I agree with nab. Mostly, both I-129F and I-130 will be approved at the same time and I-129F will be closed. However, there are cases where I-129F can be approved first. Then NVC will continue K-3 visa, based on I-129F.

...

Hi Loto,

If you don't mind, please look at the VJ timelines, and tell us when was the last time the I-129F was approved before the I-130...

This is more a hypothetical gotcha than anything else... and the no application fee doesn't help either

Thx

Edited August 23, 2010 by missads

[LotofPatience 65]

Hi Loto,

If you don't mind, please look at the VJ timelines, and tell us when was the last time the I-129F was approved before the I-130...

This is more a hypothetical gotcha than anything else... and the no application fee doesn't help either

Thx

missads,

As per NVC guidelines, they will close if both I-129F and I-130 are approved together, and I-129F will be administratively closed. The reason was earlier, the people used to call them to close K-3 path when both are approved together. I was one of them in the past to call them many times to close my previous K-3. In the current trend, most (almost 99%) I-129F and I-130 are approved together. However, there are "very few" exceptions where I-129F is approved way before I-130 approval. For them, NVC will continue the K-3 path and they won't close K-3 path. That was my point.

hey missads, is there any documentation where it says I-129F filing will slow down I-130 path? I am interested to see it. You are almost near to your I-130 approval, missads. And I wish you good luck!

Having said this, I have NOT yet filed I-129F because I don't want to go ahead with K-3 path. It is really pain to adjust the status, paying extra money for it. Now-a-days, I-130 is not at all bad.

Loto

[missads 59]

missads,

...In the current trend, most (almost 99%) I-129F and I-130 are approved together. However, there are "very few" exceptions where I-129F is approved way before I-130 approval...

My point exactly. Make that "none" ...

hey missads, is there any documentation where it says I-129F filing will slow down I-130 path? I am interested to see it. You are almost near to your I-130 approval, missads. And I wish you good luck!

Not that I know of. It's an inference based on timelines posted on VJ. I don't think anyone disagrees with it though...

Having said this, I have NOT yet filed I-129F ...

I rest my case

Thx for your wishes Loto. Let's see when my petition gets approved. I-130 NOA2s for IR-1 filers are currently being processed for those with March end NOA1s. My I-130 NOA1 date is March 31. If my hypothesis is true (K-3 slows down the process), mine might take a few more weeks. I so hope I am wrong though, because both I and my wife are tired of the wait... but there is hope, and then there's reality

[LotofPatience 65]

Good luck missads! You should hear something soon within a month

I know this "ugly wait" is real frustrating one

Loto

[CanadianRedneck 8]

I say get a lawyer..pay someone else to have the headache for you, lol

[nab 74]

responses are inline

My point exactly. Make that "none" ...

"none"... Yet you admitted previously you know of one VJer who recently got his I-129F/K-3 approved.

Not that I know of. It's an inference based on timelines posted on VJ. I don't think anyone disagrees with it though...

you "think" wrong; i disagree. check USCIS timelines, dont limit yourself to just VJ.

all cases and people are not same and as such will be treated differently through USCIS. give them (new person requesting info) the available options, share YOUR specific experience with them and give your opinion. But please, do not provide them your "inference" as "fact"; you could be unintentionally leading them astray if their specific case does need a k-3.

I rest my case

hmmm he chose not to go K-3 because it added (in his case) extra paperwork and added cost.

so how does that prove your "case"? rhetorical, becasue we all know it doesnt, unless he had chosen not to do k-3 becasue he felt it would slow things up... in his case the I-129F is unnecessary. he has done this process before, been approved and wife gave up her GC... he won't have an issue getting approved again.

Thx for your wishes Loto. Let's see when my petition gets approved. I-130 NOA2s for IR-1 filers are currently being processed for those with March end NOA1s. My I-130 NOA1 date is March 31. If my hypothesis is true (K-3 slows down the process), mine might take a few more weeks. I so hope I am wrong though, because both I and my wife are tired of the wait... but there is hope, and then there's reality

i hope your NOA2 comes quickly. if it doesnt many factors could be affecting it becasue your case is not exactly like anyone else's. countries, ages, backgrounds, even names or online activity could cause extra checks on you. no one can foresee exactly when soemthing will get approved, they can only give you a 'guideline'.

Good luck to you