Filed K3 and Immigrant Visa together

[pythonex 1]

Hi All,

On June 2012 my spouse and myself filed for a K3 Visa (i129F) and immigrant visa at the same time (I-130 Form). I130 got approved then sent to the National Visa Center in USA. After that We have paid the fees for the Affidavit of Support forms and submitted them online, then paid the fees and submitted the online form DS-260. The Immigrant Visa case at the NVC is currently in final review stage according to the latest email received from them.

Today, my spouse has received instruction package for the K3 Visa, that it was approved and we can proceed at the US Embassy in my country to submit DS-230, ... etc. According to my understanding from the link below, the K3 visa application will be closed/ended and NVC shall continue with the Immigrant Visa application. Is this correct in my case?

http://travel.state.gov/visa/immigrants/types/types_2993.html

Quoting

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The Second Step: Applying for a Visa

Important Notice: 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.

-----------------------------

Need your help and opinion guys. I called NVC and they said that I should email the embassy, (i did) and most probably they will give me the option to pursue the K3 or the Immigrant Visa. Obviously I want to continue with the immigrant visa.

Any thoughts ? Many thanks in advance !

[Ryan H 3,896]

Need your help and opinion guys. I called NVC and they said that I should email the embassy, (i did) and most probably they will give me the option to pursue the K3 or the Immigrant Visa. Obviously I want to continue with the immigrant visa.

The only way a beneficiary would have received K3 instruction packets is if the I-129F arrived at the NVC ahead of the I-130. This is a scenario that would end up in the K3 being assigned a case number and sent to the appropriate Embassy/Consulate abroad.

Since you have indicated that you want to pursue the CR-1 path, simply ignore any and all instructions related to the K3 and follow all required steps and instructions for the CR-1.

[jaycali 415]

Agree with Ryan H. K-3 will be administratively closed. Just ignore it and focus on the CR-1.

[pythonex 1]

Ryan, JeeJay, Thanks for the reply.

What worries me is the fact that the case has reached the embassy in my home country and I dont want them to "force" the continuation of K3 instead of CR-1 which is still with NVC.

Btw, Great forums here, lots of info and guides. Will be sure to add my timeline once I finish travelling this week.

[canadian_wife 1,831]

How would they force it? If they assign an interview for the K-3 then simply don't go and wait for the I130 to be sent to the consulate. This used to happen all the time, you may contact the embassy if you like and inform then of your decision to follow the Cr-1 path

good luck

[NikLR 13,234]

Quick question: I never understand why people say "just ignore and continue on" when it always seems like something you should inform someone about. Is there anyway to tell them which path you're taking? Or is just ignore and continue on the the only path a person could take in something like this?

[Darnell 8,479]

well, the I-129F wasn't administratively closed at NVC - so there was some time and timing things with the two casefiles.

Now that you have a I-129F at the US Embassy IV Unit, you suddenly have a choice of what to do.

If'n you'd like to pursue and finish up with the Immigrant Visa, contact the IV Unit and let them know that you will not be pursuing the K-3 visa, but instead be pursuing the CR-1/IR-1 visa.

Then finish yer stuff with NVC.

Good Luck !

[pushbrk 13,623]

Agree with Ryan H. K-3 will be administratively closed. Just ignore it and focus on the CR-1.

You make two assertions that conflict. This I-129F for a K3 WAS NOT administratively closed. Ryan explained why. Please pay attention. It will help you avoid making false statements that mislead and confuse.

well, the I-129F wasn't administratively closed at NVC - so there was some time and timing things with the two casefiles.

Now that you have a I-129F at the US Embassy IV Unit, you suddenly have a choice of what to do.

If'n you'd like to pursue and finish up with the Immigrant Visa, contact the IV Unit and let them know that you will not be pursuing the K-3 visa, but instead be pursuing the CR-1/IR-1 visa.

Then finish yer stuff with NVC.

Good Luck !

Bingo. Since you've already paid the visa application and AOS fees for the CR1 and are nearing case complete at NVC, there's no advantage to abandoning that, paying a K3 application fee and then $1,070 to adjust status after arriving in the USA. You can simply ignore the K3 correspondence or indicate your preference as suggested.

[Darnell 8,479]

Yay! I got a Bingo Today ~!~!~

[pythonex 1]

Thanks All. I'm waiting for the case to be sent to the embassy, so that I can email them and inform them that I wanna pursue the IR-1 not the K-3.

[Darnell 8,479]

why? my posit was to email the IV unit NOW, let them know you are no longer pursuing the K-3.

[pythonex 1]

I've just received an email from the embassy, in reply to the email I sent them, stating this :

----------------

Dear Sir:

You are scheduled for a visa interview on the K3 case on October 24, 2012 at 7:30.

We did not receive the I-130 yet, that is why we will process the K3.

-----------------

Please advise what to do ! Should I email them back that I dont wanna pursue the K3? or just not go? I called the NVC today and my case was closed on October 17th. Awaiting to be scheduled for interview in the embassy in Jordan.

Edited October 22, 2012 by pythonex

[pushbrk 13,623]

I've just received an email from the embassy, in reply to the email I sent them, stating this :

----------------

Dear Sir:

You are scheduled for a visa interview on the K3 case on October 24, 2012 at 7:30.

We did not receive the I-130 yet, that is why we will process the K3.

-----------------

Please advise what to do ! Should I email them back that I dont wanna pursue the K3? or just not go? I called the NVC today and my case was closed on October 17th. Awaiting to be scheduled for interview in the embassy in Jordan.

Email them back or don't go. It's up to you. You'll have an immigrant visa interview date within a few days for November or December.

[rade2rising 205]

Email them back or don't go. It's up to you. You'll have an immigrant visa interview date within a few days for November or December.

what if he doesnt go to K3 interview and they note that on his jacket so when he goes for CR1 interview they might hold it against him? Maybe they feel he is wasting their valuable time and not showing up for interview is very disrespectful as well. They could try to teach him a lesson and deny his CR1. Am not saying this is likely but its a possiblity. OP I think you need to cancel that interview or better yet reschedule IT which will be much later and after your CR1 interview and then once you get that visa you can abandon the K3.

[pythonex 1]

Hey guys thanks for the quick replies. The funny thing is that I didnt receive an interview letter with the K3 instruction pages packet that was sent to my wife in the US. I am afraid to abandon it by simply not going for the reason stated by "rade2rising" above.

I'm thinking of rescheduling the appointment a month or a month and a half later, and work on the papers required until I get an appointment date for the immigrant visa application from NVC. they told me to check back with them around Nov. 19th.

Is it ok to have Two cases at the same embassy ??!

In any case, I dont want them to stop my immigrant visa because I have a scheduled or in process K3 visa (assuming I decided to go with the K3 visa process too)