I-129F approved at NVC before I-130

[NikLR 13,220]

The embassy can look up your case and find out you have an approved I-130 on hand. You are in charge of what you want to do unless the embassy decides to close the I-129F. That happened with EmilyS who was going through Montreal.

[Nich-Nick 3,353]

, which we'd have to balance with the $1,000 + extra we'd have to pay once he got here.

Here's a cost comparison I have for UK, just so you know.

Costs

K1/K3 route = $1680 + £280

$340 (USCIS) I-129F petition

$240 (Embassy) Visa fee

£45 ACPO Police certificate

£235 (Knightsbridge Doctors) medical exam

$30 Courier fee if home delivery, $0 to pick up at a depot

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

CR1 route = $903 + £280

$420 (USCIS) I-130 petition

$230 (National Visa Center) Visa fee

$88 (National Visa Center) Affidavit of Support Review fee

£45 ACPO Police certificate

£235 (Knightsbridge Doctors) medical exam

$30 Courier fee if home delivery, $0 to pick up at a depot

$165.00 (USCIS) Immigrant Fee via the Department of State's website - https://ceac.state.gov/IV/Login.aspx

One way you will know is if you get a letter of instruction from London saying how to apply for a K visa. Or if you get contacted by NVC on what to send them for a CR1 visa. One processes in London. The other has most of the processing and paperwork and documents going to NVC.

The letter you said you got from NVC...this was in addition to a previous letter from USCIS saying your I-129F petition was approved? I ask because I-129F approvals for K1s come from USCIS and say you are approved and your file is being sent to the embassy. It confuses people all the time who think it has gone straight to the embassy without a pit stop at NVC. K visa applicants will get a second communication about their case, this time from NVC giving the new LND case number and saying they have forwarded the file to the embassy. I don't believe NVC says anything about "The above petition has been approved, and forwarded to the listed consulate." because they are under a totally different section of the government (Dept of State) and don't approve petitions. Just wondering if that USCIS letter was what you thought was from NVC or if you have gotten two letters now.

[NikLR 13,220]

The I-129F part of this person's K3 visa route was approved and sent onto the embassy by the NVC. The OP should have an LND# for this I-129F so they can get the K3 visa if the London Embassy leaves it open and they choose to pursue that manner.

With the approved I-130 I would be going for the CR1/IR1 route so to have the green card upon arrival and saving an extra $800. Even if that cost me a few months of waiting I guess... I suppose it depends on how expensive your rent is. LOL But for me, it was more important to be able to work right away and travel than arrive quicker, the OP may feel differently.

Edited December 21, 2013 by NLR

[NikLR 13,220]

Also Nick your math is off a bit.

K3 route = $1760 + £280

$420 (USCIS) I-130 petition (I-129F is free)
$240 (Embassy) Visa fee
£45 ACPO Police certificate
£235 (Knightsbridge Doctors) medical exam
$30 Courier fee if home delivery, $0 to pick up at a depot
$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

Edited December 21, 2013 by NLR

[Amanda&Phil 0]

The embassy can look up your case and find out you have an approved I-130 on hand. You are in charge of what you want to do unless the embassy decides to close the I-129F. That happened with EmilyS who was going through Montreal.

Will they see it if only the USCIS has approved the I-130? Because I haven't even got an NVC case number for my I-130, though they have received it from USCIS. That was my concern - they wouldn't know I had an I-130 coming because it hasn't been sent to them yet (and won't be until I send the AoS, IV etc. to NVC)

[Amanda&Phil 0]

The letter you said you got from NVC...this was in addition to a previous letter from USCIS saying your I-129F petition was approved? I ask because I-129F approvals for K1s come from USCIS and say you are approved and your file is being sent to the embassy. It confuses people all the time who think it has gone straight to the embassy without a pit stop at NVC. K visa applicants will get a second communication about their case, this time from NVC giving the new LND case number and saying they have forwarded the file to the embassy. I don't believe NVC says anything about "The above petition has been approved, and forwarded to the listed consulate." because they are under a totally different section of the government (Dept of State) and don't approve petitions. Just wondering if that USCIS letter was what you thought was from NVC or if you have gotten two letters now.

Yes, the letter from the NVC was after we got NOA2 for the I-129F. This was for a K3, not a K1. The letter contained out LND case number.

[Amanda&Phil 0]

The I-129F part of this person's K3 visa route was approved and sent onto the embassy by the NVC. The OP should have an LND# for this I-129F so they can get the K3 visa if the London Embassy leaves it open and they choose to pursue that manner.

With the approved I-130 I would be going for the CR1/IR1 route so to have the green card upon arrival and saving an extra $800. Even if that cost me a few months of waiting I guess... I suppose it depends on how expensive your rent is. LOL But for me, it was more important to be able to work right away and travel than arrive quicker, the OP may feel differently.

That's what we were thinking. It wouldn't be terrible to get the K3, but with the I-130 so close, it's not really worth the extra hassle and cost.

[NikLR 13,220]

Will they see it if only the USCIS has approved the I-130? Because I haven't even got an NVC case number for my I-130, though they have received it from USCIS. That was my concern - they wouldn't know I had an I-130 coming because it hasn't been sent to them yet (and won't be until I send the AoS, IV etc. to NVC)

They know. They can access your USCIS files, but the I-130 should also make it into the NVC quickly.

The I-129F for the K3 will be like the K1, you schedule your own interview.

Edited December 21, 2013 by NLR

[Nich-Nick 3,353]

Also Nick your math is off a bit.

K3 route = $1760 + £280

$420 (USCIS) I-130 petition (I-129F is free)

$240 (Embassy) Visa fee

£45 ACPO Police certificate

£235 (Knightsbridge Doctors) medical exam

$30 Courier fee if home delivery, $0 to pick up at a depot

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

$1730 if you don't get home delivery

Yes, I used my K1 copy paste and forgot the filing fee is extra for I-130 (k3). Thanks.

[NikLR 13,220]

No worries.

[Nich-Nick 3,353]

Yes, the letter from the NVC was after we got NOA2 for the I-129F. This was for a K3, not a K1. The letter contained out LND case number.

I only meant the approval letter for any I-129F might read the same. And the K1 and K3 letter from NVC likely read the same since both are K visas. The embassy handles K visas with basically the same procedure.

The I-129F for the K3 will be like the K1, you schedule your own interview.

London schedules the interview with no choice made by the applicant. They assign an interview for K as well as DCF applicants when they have received

1) online application form

2) medical results

3) online Readiness for Interview form

And you could wait 4 weeks after the embassy has those three things before they dole out an interview.

Edited December 21, 2013 by Nich-Nick

[NikLR 13,220]

Ah wasn't sure how London worked regards to that, thought it was similar to Montreal. But I guess not!

[Amanda&Phil 0]

Just to update, the Embassy replied to my online inquiry saying that there is no way to talk to someone from the immigrant visa department over the phone. Their advice was basically to ignore the letter they're going to send to my husband about how to get the K3 visa and just continue on with the I-130. Once that gets received at the embassy, the I-129F will be closed.

[Darnell 8,478]

Cool !

Although a K-3 'might' get him here 'earlier' - IMO the time and money involved for a K-3 is a waste, as the new immigrant has to wait inside the USA for a green card.

a CR-1/IR-1 visa holder has instant status after the POE event.

[Eastyo 100]

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

I130's being processed in under 6 months, makes you wonder if USCIS actually reads their own #######?

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