Jump to content
Sign in to follow this  
H93

Should I file k3 visa?

31 posts in this topic

Recommended Posts

I filed an i130 petition for my husband last August and still haven't gotten an approval.

Can I/ should I apply for a k3 to get him here faster?

K3 is obsolete at this point. Forget about it.

Have you contacted anyone about your petition? Why is it taking so long?


HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

Share this post


Link to post
Share on other sites

A k-3 won't do anything

You are well outside processing times. Start calling USCIS and your congressman

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

**** merging with previous thread on same issue- please provide updates and additional questions in the same thread so all info stays together ****

It'd not waiting in line- it is way out of line at almost waiting 10 months for NOA2. Are they saying you are getting special background checks or something? I'd get your senator involved at this stage.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

ya, 10 months out is way too long.

Good news it's in an adjudicator's queue, on an adjudicator's desk.

I think that's some progress, albeit a bit late.

at this stage, do not file the I-129F.

Why?

1. yer moments away from getting the I-130 adjudicated.

2. if the I-129F hits the door, the I-130 is yanked out of it's place in the queue, and put in with the I-129F, and you'll wait another 6 months (on average) for the two to be reviewed and adjudicated together.

3. the I-129F will be administratively closed at NVC as it hits the door together with the approved I-130. You won't have any basis for the K-3 then, as an approved I-130 will exist.

Perhaps your approach is wrong, for stirring the pot at USCIS? Please to read a bit about filing a service request, what an ISO can do for you, how to engage with an Immigration Liason Staffer (ILS) Human at your Congressman's office. (All this stuff is findable here at VJ via the advanced search tool)

Good Luck !

Edited by Darnell

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 !

2mzcunl.gif

Share this post


Link to post
Share on other sites

I am confused with the responses here. Isn't the K-3 supposed to be helpful specifically when there is a long wait between NOA1 and NOA2 for a I-130 filing?

Once the I-130 NOA2 arrives and the paperwork is forwarded to the NVC, then the K-3 cannot be used- correct?


Done: I-130/CR-1, I-751/ROC

Done: I-327

Share this post


Link to post
Share on other sites

I am confused with the responses here. Isn't the K-3 supposed to be helpful specifically when there is a long wait between NOA1 and NOA2 for a I-130 filing?

Since 2006, USCIS has been tying the two petitions together. If the OP were to file an I-129F, the I-130 that she already filed would be pulled from its current place in the queue and placed with the I-129F that was just submitted.

Once the I-130 NOA2 arrives and the paperwork is forwarded to the NVC, then the K-3 cannot be used- correct?

If both an I-130 and I-129F are approved, they are usually sent to the NVC at the same time. If the NVC receives both at the same time or if the I-130 is received first, the I-129F that was filed to start the K3 process is administratively closed. If the NVC receives the I-129F first, then the file is assigned a case number and sent to the appropriate Embassy or Consulate; the couple will then have a choice as to which visa they wish to pursue.

Instances of the I-129F filed to begin the K3 process arriving at the NVC ahead of the I-130 are rare.


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*

 

Share this post


Link to post
Share on other sites

I am confused with the responses here. Isn't the K-3 supposed to be helpful specifically when there is a long wait between NOA1 and NOA2 for a I-130 filing?

Once the I-130 NOA2 arrives and the paperwork is forwarded to the NVC, then the K-3 cannot be used- correct?

8 years ago, yes.

4 years ago to now, no.

what did you do, after reading post #6 ?

Edited by Darnell

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 !

2mzcunl.gif

Share this post


Link to post
Share on other sites

If both an I-130 and I-129F are approved, they are usually sent to the NVC at the same time. If the NVC receives both at the same time or if the I-130 is received first, the I-129F that was filed to start the K3 process is administratively closed. If the NVC receives the I-129F first, then the file is assigned a case number and sent to the appropriate Embassy or Consulate; the couple will then have a choice as to which visa they wish to pursue.

Instances of the I-129F filed to begin the K3 process arriving at the NVC ahead of the I-130 are rare.

Interesting. So that is how they are rendering the K-3 obsolete? By speeding the I-130 past the I-129F?

We intended on filing the K-3 when we received our NOA1 on our I-130 to see how it goes.

But we received our paper I-130 NOA2 only five days after receiving our NOA1 in the mail.


Done: I-130/CR-1, I-751/ROC

Done: I-327

Share this post


Link to post
Share on other sites

Interesting. So that is how they are rendering the K-3 obsolete? By speeding the I-130 past the I-129F?

When the I130 took literally YEARS to process, the K3 helped the beneficiary come to the US to wait for the I130 to process. The I130 is processed in MONTHS and thus no need for the K3

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

Interesting. So that is how they are rendering the K-3 obsolete? By speeding the I-130 past the I-129F?

We intended on filing the K-3 when we received our NOA1 on our I-130 to see how it goes.

But we received our paper I-130 NOA2 only five days after receiving our NOA1 in the mail.

you must have 'filed from abroad' and there's a special queue for that.

Care to participate? Purty Please?

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/


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 !

2mzcunl.gif

Share this post


Link to post
Share on other sites

augfiler11 - what visa is in your passport? I ask becuase you mention a K-3 but your timeline says Ir/Cr-1 so I am just curious

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

augfiler11 - what visa is in your passport? I ask becuase you mention a K-3 but your timeline says Ir/Cr-1 so I am just curious

Good luck

my hubby applied for 2 visas... first is the I-129F and then I-130.. and they're both approved.. i received a letter from the US embassy saying that i am eligible for a visa interview.. and my category is K3.. i admit i am confused too... cuz i know K3 visa is obselete

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×