K3...give it a shot for kicks?

[pm5k 129]

I know that the CR1 is supposed to be just as fast as the K3 these days (or faster), but I want to know that I did EVERYTHING I could to get my spouse here asap. I know there are disadvantages to the K3 in terms of overall cost as well as AOS stuff, but for us we just care about time.

This being the case, and considering there is no monetary loss, what do I have to loose? Worst case scenario, it will just get closed, and my existing I-130 app will be processed, right?

One question that comes to mind is the following (from I129f instructions): The LIFE act requires applicants to apply for a K3 visa in the country where their marriage to the USC occurred

However, on this link http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html , it reads: The I-129F must be filed in the United States. This second petition must be approved by USCIS before the alien can begin K3 visa processing overseas. The K3 visa must be issued in the country where the marriage took place, if the marriage occurred outside of the United States.

I, the USC, have returned to the US already. I have all of the documentation, so can I send in the I-129f package once I receive my NOA1. I can send it from within the US correct? or did I have to do that from overseas? ("..requires applicants to apply for a K3 in the country where the marriage to USC occurred")?

Some recent posts (http://www.visajourney.com/forums/topic/411208-pursuing-both-cr-1-and-k3/) indicate that, though rare, K3's can be slightly faster than CR1's. Again, I know this route is not encouraged, but I figured I really don't have anything to loose and want to make sure I did everything I could in this process.

Thoughts?

Thanks

Edited February 9, 2013 by pm5k

[Penguin_ie 6,000]

- Worst thing you have to loose is a couple of weeks, as they get both sets of papers together and then close the I-129. Chances are you will never know if there was a delay, and if there was, it is small.

- You can petition in the USA (you are not the one applying for a K3), but the beneficiary's interview for a K3 (in the very unlikely event you will get one) must happen in the country the wedding took place- ie she needs to apply for her visa in that country.

[pushbrk 13,611]

I know that the CR1 is supposed to be just as fast as the K3 these days (or faster), but I want to know that I did EVERYTHING I could to get my spouse here asap. I know there are disadvantages to the K3 in terms of overall cost as well as AOS stuff, but for us we just care about time.

This being the case, and considering there is no monetary loss, what do I have to loose? Worst case scenario, it will just get closed, and my existing I-130 app will be processed, right?

One question that comes to mind is the following (from I129f instructions): The LIFE act requires applicants to apply for a K3 visa in the country where their marriage to the USC occurred

However, on this link http://travel.state....grams_1431.html , it reads: The I-129F must be filed in the United States. This second petition must be approved by USCIS before the alien can begin K3 visa processing overseas. The K3 visa must be issued in the country where the marriage took place, if the marriage occurred outside of the United States.

I, the USC, have returned to the US already. I have all of the documentation, so can I send in the I-129f package once I receive my NOA1. I can send it from within the US correct? or did I have to do that from overseas? ("..requires applicants to apply for a K3 in the country where the marriage to USC occurred")?

Some recent posts (http://www.visajourn...th-cr-1-and-k3/) indicate that, though rare, K3's can be slightly faster than CR1's. Again, I know this route is not encouraged, but I figured I really don't have anything to loose and want to make sure I did everything I could in this process.

Thoughts?

Thanks

You can now avoid the common misconception that filing a petition and applying for a visa are the same thing. The US Citizen files the petition. When that petition is approved, the foreigner applies for a visa.

Right, you have nothing to lose and, frankly, we don't really know how USCIS is adjudicating the I-129F for spouse since they started transferring I-130 petitions to local offices for adjudication. Please let us know how it goes.

[N-o-l-a 7,168]

I started a thread about this, but we are seriously considering sending ours on Monday. At this point, with all the issues and delays I don't see what the harm could be.

Our only problem is that we never received the I-797c from the I-130.

[bigdog 377]

You can now avoid the common misconception that filing a petition and applying for a visa are the same thing. The US Citizen files the petition. When that petition is approved, the foreigner applies for a visa.

Right, you have nothing to lose and, frankly, we don't really know how USCIS is adjudicating the I-129F for spouse since they started transferring I-130 petitions to local offices for adjudication. Please let us know how it goes.

[tmgkohler 1]

Department of State to Close K-3 Visas if I-129F and I-130 Petitions Approved and Received Together

February 7th, 2010

by VJ News

Effective February 1st, 2010 (policy already in place), when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

– The nonimmigrant K visa will be administratively closed.

– The NVC will contact the petitioner and beneficiary with instructions for processing a IR-1 (or CR-1) immigrant visa.

If the NVC does not receive an approved I-130 petition and I-129F at the same time, the NVC will process the I-129F petition. The NVC will then send the petition to the embassy or consulate in the country where the marriage took place. If the marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in the beneficiary’s country of nationality. If the marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an embassy the petition would be sent to Turkey.

[NikLR 13,234]

EmilyS actually had her I-129f reach the NVC before her I-130. She said that the Montreal consulate closed the availability of the K3 to her and she had to proceed with the CR1.

[N-o-l-a 7,168]

EmilyS actually had her I-129f reach the NVC before her I-130. She said that the Montreal consulate closed the availability of the K3 to her and she had to proceed with the CR1.

But if the I-129F were to reach the NVC 5 months or so before the I-130?

[NikLR 13,234]

But if the I-129F were to reach the NVC 5 months or so before the I-130?

Who knows. It wasn't the NVC in her case that closed the I-129f. They sent the paperwork to the consulate who actually closed the visa path. I think her I-129f arrived at the NVC significantly before the I-130 even though the I-130 was approved before. System fail! ROFL.

Nola I think you could have a chance with the I-129f but you may need your NOA1. I wonder if it may even pull your I-130 out of the depths of wherever it has been sent and make it easier for the senator or governer who is helping you to get your expedite request in. I would contact them again and ask.

Edited February 9, 2013 by NikiR

[N-o-l-a 7,168]

Who knows. It wasn't the NVC in her case that closed the I-129f. They sent the paperwork to the consulate who actually closed the visa path. I think her I-129f arrived at the NVC significantly before the I-130 even though the I-130 was approved before. System fail! ROFL.

Nola I think you could have a chance with the I-129f but you may need your NOA1. I wonder if it may even pull your I-130 out of the depths of wherever it has been sent and make it easier for the senator or governer who is helping you to get your expedite request in. I would contact them again and ask.

I saw on here http://discuss.ilw.com/archive/index.php/t-28003.html someone who got by without the I-797c and just proof of filing. I think if I include the email notification and the cashed check, then that should suffice. If they want to return it, then so be it.

It might be kind of awkward with 2 pending I-129Fs in the system, though. My original I-129F for the K1 is just sitting in VSC after being returned by NVC.

[NikLR 13,234]

Nah its for a different reason. Like I said I think the immigration liaison you're talking to might have the best answers for you though. *hugs* I know this is very hard on you.

[pm5k 129]

- You can petition in the USA (you are not the one applying for a K3), but the beneficiary's interview for a K3 (in the very unlikely event you will get one) must happen in the country the wedding took place- ie she needs to apply for her visa in that country.

How is this different than the CR-1 process?

[Penguin_ie 6,000]

How is this different than the CR-1 process?

With the CR-1, the interview can happen in any country the beneficiary has legal residency in (such as their country of citizenship, or where they are working, or studying). With the K3, it has to happen in the country the couple married in.

[pm5k 129]

With the CR-1, the interview can happen in any country the beneficiary has legal residency in (such as their country of citizenship, or where they are working, or studying). With the K3, it has to happen in the country the couple married in.

Ah okay. For me there is no difference between these two.

Question from instructions: "You must submit the documents required in Items 1, 2, and 4 of these instructions". Correct me if I am wrong, but if one did not go through a marriage broker, Item 1 would be "N/A". If one has never submitted a K1/K3 application, item 2 would be "N/A", and since I have all appropriate records, Item 4 would be "N/A"

Item 1 = Intl marriage broker regulation compliance

Item 2 = Waiver if one has submitted an application before

Item 4 = documents that can be used if other documents are not available

Am I understanding these "items" referred to in the instructions correctly?

[pm5k 129]

Also, for Pakistan, there is are consulates (karachi, lahore, etc), and the embassy (islamabad). For I-129f, question 20, would one use the consulate, or the embassy as the answer? does it matter?