Im a little confused

[Sulaimon & Brandy 20]

Do I need to file the I-130 and the I-485 together? Would someone please advice me when it is the best time to file the I-485. Thank you in advance

[caly 48]

Is the foreign spouse currently in the US or abroad? The I-485 is only used if the foreign spouse is adjusting status within the US.

[Sulaimon & Brandy 20]

He is currently abroad...

[caly 48]

He is currently abroad...

Then you only need the I-130.

Reading this will help you understand what you'll need to submit with the form:

http://www.visajourney.com/content/i130guide1

Good luck!

Oh, and don't bother with the K3, the process has sped up enough that they are very rarely ever granted anymore and may actually slow down the processing of your case these days.

Edited October 9, 2013 by caly

[Sulaimon & Brandy 20]

Thank you so much.... Ill try and not bother to much with so many questions but I worry about messing something up

[caly 48]

Hey, no worries.. Read and digest the guide and by all means, come back and ask any questions you may have. Being able to communicate with, get help and learn from other who are currently (or who have been) in your situation is what makes VJ such a wonderful site!

I also found this wiki page to be invaluable in my understanding of the whole spousal visa process:

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

[LoveMyTico 999]

Oh, and don't bother with the K3, the process has sped up enough that they are very rarely ever granted anymore and may actually slow down the processing of your case these days.

This information is false.

K-3 processing times are posted as 5 months at the TSC. I was advised yesterday to go ahead and file a K-3. The I-130's are taking longer than expected....posted at an average of 16.6 months.

The K-3 is free and it does NOT slow down the process of the files as they are both adjudicated at different service centers....

Information was given to me yesterday by my immigration attorney ..( who is filing K-3's for all his I-130 clients, by the way )

[NigeriaorBust 4,087]

There are rarely approved K3's processed anymore, they died out about 4 years ago. If it makes you feel like you are doing something go ahead. All you are doing is throwing away the postage and fees for all the copies of evidence

[caly 48]

This information is false.

K-3 processing times are posted as 5 months at the TSC. I was advised yesterday to go ahead and file a K-3. The I-130's are taking longer than expected....posted at an average of 16.6 months.

The K-3 is free and it does NOT slow down the process of the files as they are both adjudicated at different service centers....

Information was given to me yesterday by my immigration attorney ..( who is filing K-3's for all his I-130 clients, by the way )

Hum... I suppose with the recent reshuffling of service centers, the newly operational Kansas facility plus the backlog of I-130s, who knows what could happen?

But it's my understanding that since 2006, it is USCIS' procedure to pull I-130s from its place in the queue so they can be joined up with the I-129F. It has also been the procedure for NVC to administratively close the I-129F petition when they receive both the I-130 and I-129F at the same time (which they should because USCIS joins the petitions).

If I-130s are taking as long as your lawyer claims, then there's certainly a chance the new I-129F (and most likely the I-130) could be looked at first compared to if it had stayed at NBC.

FYI the add-on I-129F petition may cost nothing, but the K-3 will be much more expensive in the long run, that is if you even get a K-3 visa out of it.

It will be interesting to see what becomes of this.

Edited October 9, 2013 by caly

[LoveMyTico 999]

There are rarely approved K3's processed anymore, they died out about 4 years ago. If it makes you feel like you are doing something go ahead. All you are doing is throwing away the postage and fees for all the copies of evidence

you went through the system back in 2011 when things were super fast. I got word yesterday that they are starting to process K-3's again. With my lawyer's advice, we filed the K-3 today. The processing time is posted at 5 months. The I-130's are posted at 16.6 months. At least if the K-3 isn't processed in the posted timeframe, I can start bitching. My I-130 is at 6 months and I haven't heard one word. I can't even do a service request because they say the processing time is 6-12 months from the time they tell me that info.

I am an April filer. If the K-3 gets processed first, I'll go with that. If the I-130 gets processed first, then I'll go with that. Its not a waste anymore according to the information my lawyer relayed to me.

[dirk_diggler 107]

you went through the system back in 2011 when things were super fast. I got word yesterday that they are starting to process K-3's again. With my lawyer's advice, we filed the K-3 today. The processing time is posted at 5 months. The I-130's are posted at 16.6 months. At least if the K-3 isn't processed in the posted timeframe, I can start bitching. My I-130 is at 6 months and I haven't heard one word. I can't even do a service request because they say the processing time is 6-12 months from the time they tell me that info.

I am an April filer. If the K-3 gets processed first, I'll go with that. If the I-130 gets processed first, then I'll go with that. Its not a waste anymore according to the information my lawyer relayed to me.

Out of curiosity, what source does your lawyer have about this?

[LoveMyTico 999]

Out of curiosity, what source does your lawyer have about this?

it was a publication that was forwarded to him by a partner Dated October 6, 2013 They gave me the print out of the email and article.

Also, check the TSC for I-129F K-3 petitions. My K-3 went to Texas according to my lawyers office

Edited October 10, 2013 by LoveMyTico

[Ryan H 3,813]

***Moved from Progress Reports to Process & Procedures***

**Moderator hat off**

I got word yesterday that they are starting to process K-3's again.

The section of the sentence above is not quite correct. An I-129F that was filed to start the K3 process was never "not processed" by USCIS.

What all K3 chasers need to nail down is where their I-129F ultimately ends up. While all I-129F's are sent to the lockbox facility in Texas, it's where the lockbox routs the petition to that is key (the lockbox facility in TX is not the same facility as the Texas Service Center, many people do not get this). If the I-129F filed to start the K3 is routed to the NBC, then the USCIS policy of tying the two petitions together is still in effect. If the I-129F goes to any other location, then it would appear USCIS has changed that policy.

With all that being said, any change in USCIS policy has nothing to do with State Department policy as the State Department's policy of administrative closure remains. The K3 can remain active all the way to the Embassy/Consulate only to be closed if the underlying I-130 arrives at the NVC as the State Department would then have an approved I-130 on-station and that negates the need for a K3.