can i apply for k3 visa and my i 130 revoked

[always love 1]

my i 130 revoked and i appeal and we are in the proccesing time and it may take frome 6 month to 1 year so me and my wife decide to apply for k3 visa is that possible to wait for the i130 get approved ther in usa with my wife because she is here with me for 6 month and she cant leave me because we love each other and she is sick and she need her doctor so how can we do that and how we can apply

[together4evr 360]

No you cannot apply for a K3 or another CR1 when you have an appeal pending. It will be denied or thrown out or slow down the processing of your appeal

California just got your case March 20th so You have to wait up to 6 months for them to approve or deny it

Most get done before 120 days

So try and be patient

and if your wife is sick then let her go home and get better! And if she doesnt want to leave Morocco then she should just find a doctor there and pay the bills and try to get better. If she chooses to stay with you instead of getting good healthcare in USA then she cannot complain because it is her choice.

[MIBEN 83]

If she has been there long enough she qualifies as a resident and can get free medical care and get a referral to the bigger hospitals in Rabat or go to Spain and get treatment there, the option of returning home is always available to her.

[always love 1]

they told me that they will send my case to the board of immigration appeals after they finish review how is the procesing time ther and how long it will take if i sent expedite because my wife is sick

[together4evr 360]

The wait is up to 6 months

I do not think you can expedite an appeals process

[Deputy Purple 1,294]

Something you need to understand is first that K-3 is pretty much dead and are being administratively closed at NVC now but let's just say that isn't the case look at your situation:

A K-3 Visa requires approved I-129f AND I-130 petitions, your wife can't submit a second I-130 petition for you while the current one is still in the process of working through the system.

In light of this how would you expect to get a K-3 issued any sooner that the CR/IR-1 you are currently working on?

[NigeriaorBust 4,087]

A K3 can be applied for if you have a non approved 130 pending, you no longer have that.

[pushbrk 12,228]

A K3 can be applied for if you have a non approved 130 pending, you no longer have that.

An I-129F for a spouse can be approved while the I-130 is pending. That's not the same as a K3 being applied for. Please don't interchange the terms "apply" and "petition". It causes a lot of confusion.

my i 130 revoked and i appeal and we are in the proccesing time and it may take frome 6 month to 1 year so me and my wife decide to apply for k3 visa is that possible to wait for the i130 get approved ther in usa with my wife because she is here with me for 6 month and she cant leave me because we love each other and she is sick and she need her doctor so how can we do that and how we can apply

Concentrate on getting medical care for your sick spouse. A visa is not in your near future.

[Shoot Em Straight 385]

An I-129F for a spouse can be approved while the I-130 is pending. That's not the same as a K3 being applied for. Please don't interchange the terms "apply" and "petition". It causes a lot of confusion.

Concentrate on getting medical care for your sick spouse. A visa is not in your near future.

As always great advice from Pushbrk!

[always love 1]

So what is the best now. reply i 130 or aplly for k3 or stay waiting For the appeal and see what will happend

[always love 1]

Can we apply for I129f while our appeal is pending for revoked i 130 without applying for k3 because maybe it will slow down our appeal processing time

and about my wife health im take care good of it and we are calling the embassy to found a solution because here medicine is expensive and i can’t afford it and they told us to contacted someone by email they give us

Edited May 8, 2012 by always love

[tany1157 161]

I know you don't want to hear this, but you have to wait. Either let your wife come back to the USA to get her medical care, or suck it up, and find a good doctor there. Your petition has been revoked. No other petition will be approved with a revoked petition in appeals. I am in no way trying to be a jerk, but you have to wait. Pushbrk is right, there is no visa in your near future. You will only be able to move on if you accept that. Since you are in for a wait, your top priority should be your wife's health. You both have some tough decisions to make. Also, how would be able to apply for an I129, but not a K3? That is the same thing because you are married.

I am also wondering....your wife could leave her child to stay with you, but she can't leave you to get better medical care? I feel bad for your situation, but you both need to start acting like adults, the whining will not get you anywhere. Accept your current situation, and make the best of it. Good luck

Edited May 8, 2012 by tany1157

[pushbrk 12,228]

Can we apply for I129f while our appeal is pending for revoked i 130 without applying for k3 because maybe it will slow down our appeal processing time

and about my wife health im take care good of it and we are calling the embassy to found a solution because here medicine is expensive and i can’t afford it and they told us to contacted someone by email they give us

K3 is not a possibility for you because your I-130 was approved already. You have appealed the revocation of it's approval but have done so with no actual grounds. Expect your appeal to be denied. (You have been told this repeatedly by several competent people.) Next time, hire an attorney experience with overcoming your kind of case. In the meantime, if your wife is sick, do what you need to do to get her medical treatment. In other words, face the facts and act like a responsible adult.

[always love 1]

K3 is not a possibility for you because your I-130 was approved already. You have appealed the revocation of it's approval but have done so with no actual grounds. Expect your appeal to be denied. (You have been told this repeatedly by several competent people.) Next time, hire an attorney experience with overcoming your kind of case. In the meantime, if your wife is sick, do what you need to do to get her medical treatment. In other words, face the facts and act like a responsible adult.

i know some poeple appeal and they got approved and god is great

[pushbrk 12,228]

i know some poeple appeal and they got approved and god is great

You are not those people. You are you. And your situation and lack of grounds for appeal are YOURS, not those of others.