I-129f filed right after I-130

[Brusik 11]

I129 does not speed up anything, the only purpose of it it's to bring the non US spouse to the US and wait for the I130 petition to be aproved. That is called K3!! No confusion!

Lately the I130 get's aproved before the I129.

Hope this clears things out!

[omo 5]

it is ok to file the i129f that is the k3 not the k1 so you are ok but you need to call uscis that you pass the 5months waiting and someone will respond i hope you noted on your petition that it was k3, goodluck

I-129 is a fiancee visa, there was no reason to fill this out if you did the I-130...This could confuse USCIS.. I would call them and see what is going on.. You sent I-129 by mistake

[pushbrk 14,267]

I129 does not speed up anything, the only purpose of it it's to bring the non US spouse to the US and wait for the I130 petition to be aproved. That is called K3!! No confusion!

Lately the I130 get's aproved before the I129.

Hope this clears things out!

It doesn't because it's more disinformation. since late October, 2006, USCIS has been processing the I-130 and I-129F together, in spouse cases, and with rare exception, approving both petitions the same day. What happens is you file the I-130 and then when you get the receipt notice you file the I-129F according to its instructions for spouse filing. USCIS then goes and takes the I-130 out of its place in line, marries it up with the I-129F (for spouse) and processes and approves them the same day. This has been the every day procedure for more than 4 years. This is not "opinion" it is fact. here's the notice from November, 2006. Note that the procedure of holding the I-130 was later changed but processing and approving both petitions together was not. This stuff is not "news" here. Below the notice is a synopsis of the history of the K3 visa process. Not my first K3 rodeo, folks.

Public Notice

November 14, 2006

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center

(NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens

only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location

of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for

Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this BiSpecialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and

VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for

consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement

with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s

eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130

that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its

National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent

residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their

arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant

visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file

movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824,

Application for Action on an Approved Application or Petition, must be filed with the USCIS office that

approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly,

USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue

to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt

notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending

applications and petitions:

END OF PUBLIC NOTICE

SYNOPSIS OF K3

* Note: Effective February 1, new procedures adopted by the National Visa Center have effectively rendered the K3 and K4 visas no longer available.

The K3 and K4 visas for Spouse and Children are technically non-immigrant visas that theoretically allow the family to be reunited faster. Here is a brief overview but in most cases, the original purpose of these visas has been rendered moot by recent changes in USCIS adjudication policies.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS ( then the "INS") and the State Department.

Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K3 and K4 processes. It is because of both the significant additional fees for the K3 and K4 visas from petition to green card and the negligible time savings, that I have seldom recommended this path since November, 2006. See note above for recent changes by Dept. of State that render the K3 and K4 visas currently unobtainable.

[mrs.T 1]

It doesn't because it's more disinformation. since late October, 2006, USCIS has been processing the I-130 and I-129F together, in spouse cases, and with rare exception, approving both petitions the same day. What happens is you file the I-130 and then when you get the receipt notice you file the I-129F according to its instructions for spouse filing. USCIS then goes and takes the I-130 out of its place in line, marries it up with the I-129F (for spouse) and processes and approves them the same day. This has been the every day procedure for more than 4 years. This is not "opinion" it is fact. here's the notice from November, 2006. Note that the procedure of holding the I-130 was later changed but processing and approving both petitions together was not. This stuff is not "news" here. Below the notice is a synopsis of the history of the K3 visa process. Not my first K3 rodeo, folks.

Public Notice

November 14, 2006

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center

(NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens

only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location

of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for

Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this BiSpecialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and

VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for

consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement

with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s

eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130

that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its

National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent

residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their

arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant

visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file

movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824,

Application for Action on an Approved Application or Petition, must be filed with the USCIS office that

approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly,

USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue

to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt

notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending

applications and petitions:

END OF PUBLIC NOTICE

SYNOPSIS OF K3

* Note: Effective February 1, new procedures adopted by the National Visa Center have effectively rendered the K3 and K4 visas no longer available.

The K3 and K4 visas for Spouse and Children are technically non-immigrant visas that theoretically allow the family to be reunited faster. Here is a brief overview but in most cases, the original purpose of these visas has been rendered moot by recent changes in USCIS adjudication policies.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS ( then the "INS") and the State Department.

Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K3 and K4 processes. It is because of both the significant additional fees for the K3 and K4 visas from petition to green card and the negligible time savings, that I have seldom recommended this path since November, 2006. See note above for recent changes by Dept. of State that render the K3 and K4 visas currently unobtainable.

ok, I had no ideea that the I130 is actually loosing the "priority date" and get's back in line with the I129f

Good thing they're getting red of K3, pain in the neck and pocket, waste of money & time...

[pushbrk 14,267]

ok, I had no ideea that the I130 is actually loosing the "priority date" and get's back in line with the I129f

Good thing they're getting red of K3, pain in the neck and pocket, waste of money & time...

It doesn't technically "loose" its priority date but effectively, it is processed as if it did. It is physically relocated in line. In this case its a technical distinction WITHOUT a difference.

[mrs.T 1]

It doesn't technically "loose" its priority date but effectively, it is processed as if it did. It is physically relocated in line. In this case its a technical distinction WITHOUT a difference.

"loose priority date" was more of a figure of speech but, Ok! I got it good to know!

Edited March 20, 2011 by mrs.T

[pushbrk 14,267]

"loose priority date" was more of a figure of speech but, Ok! I got it good to know!

For the immediate relative of a US Citizen, the I-130 priority date SHOULD refer to the petition's place in line to be processed and DOES whenever the petition is not followed by an I-129F. For other than immediate relatives of US Citizens, the priority date refers not to when the petition will be processed but rather when a visa number will be available in the applicable preference category.

[Darnell 8,480]

Geez, I wonder what happened to the OP ?

I'm thinking they got got up in the Texas Service Center transfer, but other than that?

Just this one post, no further logins, no posted timeline in the timeline section.

EEK.