I-129F approved at NVC before I-130

[Amanda&Phil 0]

I am married and applied for the I-130 back in March but I also applied for the I-129 (K3 visa) after that. Both of them got approved (NOA2) on November 14th. I had been under the impression due to other threads on this website that the I-129 would be cancelled at the NVC stage because the I-130 went through at the same time, and that no one actually got I-129s approved anymore. But I got a letter today saying the I-129 has been approved and that my husband should fill out the DS-160 online. So questions: 1) Doesn't the K3 cost a lot of money? 2) If I do the K3 is my husband actually get here sooner at this point? 3) Does this cause problems for the I-130 (i.e., will it make it so that they don't process it as fast) and 4) What should I do???

[Amanda&Phil 0]

I also posted this in the December NVC thread but thought this might be appropriate here too...

I am married and applied for the I-130 back in March but I also applied for the I-129 (K3 visa) after that. Both of them got approved (NOA2) on November 14th. I had been under the impression due to the USCIS website other threads on this website that the I-129 would be cancelled at the NVC stage because the I-130 went through at the same time, and that no one actually got I-129s approved anymore. But I got a letter today saying the I-129 has been approved and that my husband should fill out the DS-160 online. So questions: 1) Doesn't the K3 cost a lot more money? (to get adjustment of status once my husband is here, etc?) 2) If I do the K3 is my husband actually get here sooner at this point? 3) What happens to my I-130 application now? Any advice is appreciated.

[lost_at_sea 995]

1. Yes. Because you'll have to do the Adjustment of Status dance once he gets here (which runs at just over $1k).

2. Visa applications after the point of petition approval (as in, once it's in London and you're booking medicals/getting interviews) for K3 or CR/IR-1 would probably take about the same amount of time to get through. You said both were approved on the same day? Maybe there's another letter in the mail somewhere that's going to ask you to move forward with the I-130 approval, too (or, telling you what's happened to the I-130 in some other way)?

3. Erg. Not sure. Waiting for someone else to chip in.

[Amanda&Phil 0]

1. Yes. Because you'll have to do the Adjustment of Status dance once he gets here (which runs at just over $1k).

2. Visa applications after the point of petition approval (as in, once it's in London and you're booking medicals/getting interviews) for K3 or CR/IR-1 would probably take about the same amount of time to get through. You said both were approved on the same day? Maybe there's another letter in the mail somewhere that's going to ask you to move forward with the I-130 approval, too (or, telling you what's happened to the I-130 in some other way)?

3. Erg. Not sure. Waiting for someone else to chip in.

Thanks. I think I am going to call the NVC and ask about it. I think the K3 might be a little quicker at this point since the I-130 hasn't been approved at NVC (to my knowledge) so I would still have to send in all the info and packets before getting the interview date.

[Ontarkie 13,917]

~~Thread split from http://www.visajourney.com/forums/topic/468369-nvc-filers-december-2013/ to keep comments to the topic from getting lost.~~

[Amanda&Phil 0]

Right, called the NVC. They suggested I call the embassy in London, tell them I have an I-130 on the way, and have them decide what to do about it.

[lost_at_sea 995]

Right, called the NVC. They suggested I call the embassy in London, tell them I have an I-130 on the way, and have them decide what to do about it.

Ah! I bet London just closes the I-129f/K3 route and processes your I-130 for the spousal path.

[Amanda&Phil 0]

Wow. I just tried to call the Embassy. Which I discovered is impossible. I filled out their online inquiry instead, although I am doubtful that will be of any help. I think I will call DoS tomorrow and see what advice they can give me...

[lost_at_sea 995]

Wow. I just tried to call the Embassy. Which I discovered is impossible. I filled out their online inquiry instead, although I am doubtful that will be of any help. I think I will call DoS tomorrow and see what advice they can give me...

I think it's not totally impossible, but yeah, they've sure tried to make it that way. I'm sure I saw someone say they managed to talk to a human being there recently, but I can't find the thread that was on (besides, it's nearly midnight in the UK). DoS often have a bit of a clue, so hopefully that'll work!

[thedude6752000 360]

I would call the DOS and ask honestly. It does cost a lot more money and the process post-arrival is arduous but wouldn't it be worth it to be reunited?

[Ban Hammer 12,841]

duplicate threads merged

[Nich-Nick 3,353]

I am married and applied for the I-130 back in March but I also applied for the I-129 (K3 visa) after that. Both of them got approved (NOA2) on November 14th. I had been under the impression due to other threads on this website that the I-129 would be cancelled at the NVC stage because the I-130 went through at the same time, and that no one actually got I-129s approved anymore. But I got a letter today saying the I-129 has been approved and that my husband should fill out the DS-160 online. So questions: 1) Doesn't the K3 cost a lot of money? 2) If I do the K3 is my husband actually get here sooner at this point? 3) Does this cause problems for the I-130 (i.e., will it make it so that they don't process it as fast) and 4) What should I do???

The answer to your question is your I-129F will be closed and NVC will process your CR1. You get no choice. The embassy has no say in this.

An explanation--A new policy couple years ago announced NVC WILL administratively close I-129F petitions when they are approved at the same time as the I-130.

If the NVC receives

The I-130 before your I-129F

Then

The NVC will administratively close your I-129F

Your spouse cannot receive a K3 visa

The NVC will contact you with instructions on how to process the I-130 petition to receive an IR1 or CR1 immigrant visa

If the NVC receives

The I-130 and the I-129F at the same time

Then

The NVC will administratively close your I-129F

Your spouse cannot receive a K3 visa

The NVC will contact you with instructions on how to process the I-130 petition to receive an IR1 or CR1 immigrant visa

If the NVC receives

The I-129F before your I-130

Then

The NVC will give you a case number and send your I-129F petition to the U.S. Embassy or Consulate in the country where your marriage occurred

Source, chart on this page http://travel.state.gov/visa/immigrants/types/types_2993.html#4

This is discussing similar with USCIS:

K-3 Petitions

Question 14: With the passage of the LIFE Act in December 2000 and the promulgation of implementing regulations in April 2001, both Congress and Legacy INS announced a policy that would, in theory, allow foreign spouses to join their U.S. citizen spouses in the United States quickly and avoid the long separation associated with increased I-130 processing times. USCIS has adopted a policy to adjudicate the K-3 petition (Form I-129F) and petition for alien relative (Form I-130) simultaneously. This practice effectively eliminates the benefits of the K-3 petition and frustrates the intent of the LIFE Act together. DOS takes the position that when the I-129F and the I-130 are approved together, the beneficiary becomes ineligible for a K-3 visa and therefore, proceeds with processing the immigrant visa application. Will USCIS reconsider its policy to adjudicate both petitions together and implement a policy to adjudicate K-3 petitions within 30 days in order to achieve the clear policy imperative announced by Congress with the creation of the K-3 visa?

Response: The K-3 visa was intended to reunite families separated due to a backlog in I-130 adjudications. However, I-130s are no longer backlogged and are currently being processed in under 6 months. Therefore, USCIS does not, at this time plan to implement a new policy on the K-3 visa petition process.

Source page 8 http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/April%202013/AILAagenda041113.pdf

[Amanda&Phil 0]

The answer to your question is your I-129F will be closed and NVC will process your CR1. You get no choice. The embassy has no say in this.

This is what I thought too, until I got an I-129F approval letter from the NVC and they told me that they'd already sent the case to the Embassy.

[Amanda&Phil 0]

I would call the DOS and ask honestly. It does cost a lot more money and the process post-arrival is arduous but wouldn't it be worth it to be reunited?

It definitely would. I'm not saying I want them to cancel the K3 visa, but it just threw us for a loop when it got approved, that's all. And I don't know that the time it would save would be all that much - maybe a month, which we'd have to balance with the $1,000 + extra we'd have to pay once he got here.

[Amanda&Phil 0]

Right. Just called DoS. They tried to tell me at first that the case would be closed at NVC, then I explained that it had already been sent to London. She looked up my case number and said that the Embassy aren't going to have the case yet (which I understand since it was sent only a few days ago) and that they would decide what to do with it when it got there. But my concern is that they're not going to know that there's an I-130 coming afterward and they'll go ahead and process the K3, and that might screw things up later when they get the 1-130 application. The lady told me to call the London Embassy switchboard, which I have not tried yet, but the number is +44(0) 20 7499-9000... I think I'm going to wait a few days then call the Embassy until they've got the application, to see what they want to do about it.