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jv323

129F-K-3 visa

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Well, the thing is, due to turf wars between USCIS and the NVC, if you file for a K-3 (in other words, submit an I-129f along with your I-130) and the I-130 gets approved at the same time or before the I-129f, the NVC will 'administratively close' the I-129f or K visa petition, and NVC will stick you with a CR1/ IR1 visa petition.

Due to the NVC's new policy on this, and how I-130 processing is now pretty fast, a K-3 is pretty much a dead visa, and you'll end up getting your original K visa application changed for a CR1/ IR1 visa anyway.

Now, the PROS for getting a K-3 visa in the event that the I-129f gets approved first (extremely unlikely) are that you skip the whole NVC process. USCIS does processing, the NVC glances at the casefile for a day or so, and then it gets shipped off to the consulate. You would be looking at about a 5 month wait for the USCIS approval. Also, at the medical exam before the interview, no vaccinations are required.

K-3 cons: It is more expensive in the long run, because adjustment of status from non immigrant to immigrant visas is expensive, also your spouse would have restrictions when in the US. No work permission, period.

CR1/ IR1 PROS: Once the process is totally complete, upon Point of Entry, the spouse is given a 'green card' stamp in the Passport, which is the residency permission and is also work permission. The spouse upon entry into the USA is now a permanent resident (albeit if you have not been married for more than 2 years it will have certain conditions... basically that you'll just have to renew the green card after 2 years) Also, the spouse can now enter and leave the country whenever he/she wants. They can also receive social security card.

CR1/ IR1 CONS: You WILL have to go through the NVC and consulate scheduling process.

My opinion: Just do the CR1/ IR1. If you are smart about it, and are pro active it will not take near as much time as everybody says. Especially in Juarez where your interview will be. I got my NOA 1 on Jan 22 or something like that, and my wife's interview date is on Aug. 12... Just a little under 7 months from start to finish. If you are careful about making sure all documents are filled in correctly and are proactive in the NVC stage with all of the required documents and payments, it will be smooth sailing and it will go by fast.


Service Center: California Service Center

Consulate: Juarez, Mexico

Marriage: 2010-May-28

I-130 Sent : 2011-01-21

I-130 NOA1 : 2011-01-25

I-130 Approved : 2011-05-13

Official NOA2 Received: 2011-05-16

NVC Received: 2011-06-01

Received/sent ds-261: 2011-06-02

AOS Bill Received: 2011-06-03

Pay AOS Bill: 2011-06-07

Pay IV Bill : 2011-06-21

Send AOS/IV Packet: 2011-06-21

Case Completed at NVC : 2011-06-24

Consulate Received : 2011-06-24

Biometrics Appt: 2011-08-03

Medical Appt: 2011-08-10

Interview Date : 2011-08-12

Visa Received : 2011-xx-xx

POE : 2011-xx-xx

Processing

Estimates/Stats : Your I-130 was approved in 108 days from your NOA1 date.

angelmoronisiga-2.jpg

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what are the pros and cons of filing for this, I already have received a NOA1 for my I-130 for my husband.

Cons:

If you file it, USCIS will pull your I-130 from its current place in the queue and place it with the I-129F you will have just submitted (that's how they tie the petitions together)

May be administratively closed by the NVC if the NVC receives it at the same time or after they receive the I-130

Adjustment of Status required for your husband since it's a non-immigrant visa

Pro:

All NVC will do is assign a case number and send it to the Consulate. Note: If you manage things with the NVC properly on your end with the CR-1, then NVC processing can move quickly. Obviously, you can't control things on the NVC end.

IMO, let the I-130 run its course through USCIS and the NVC on its own.


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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