Approved for I-130 & approved k3. Why are the proceeding with K3?

[Bonnie&Bob 33]

Our cases have both been approved. The K3 was sent to NVC & our I-130 was sent to Durham, NC. They are proceeding with the K3 & sending it to the Montreal consulate for my interview. What happened to cancelling out the k3 when the I-130 was approved? Some on visa journey swear that a k3 doesn't even exist. I beg to differ, mine survived. Any info appreciated.

[Harpa Timsah 13,260]

Why would the I130 go to North Carolina? It should go to NVC with the I-129F. Then NVC would close the I-129F.

I have seen one other where the I-129F was not closed, so it is possible you are experiencing a very new change in NVC procedures that contradicts an earlier set of published procedures.

Either way, there is no reason to send an approved I-130 to a local office. Something is off, on that.

[Hypnos 6,579]

If the NVC doesn't close out the K-3 then likely the embassy will.

[Bonnie&Bob 33]

According to our lawyer this is the 3rd time this has happened this year with their firm and is expected to be seen more often. The K3 interview will be done in Montreal by myself and a second interview will be completed in Durham with both of us attending. They are aware that both applications were approved because it stated on the K3 approval that my I-130 has been sent to the local office (Durham) for future processing. So the K3 is not obsolete. Its alive and well heading for Montreal.

[NikLR 13,234]

Let's see what montreal does. Last time they closed the I-129F.

Look up user emilys

[Bonnie&Bob 33]

I really hope your right. We have waited & waited. Then jumped all the hoops. I would just like for this to all be over as do many others. At this rate the kids will all be graduated from school and moved out for college before I get back. Hard to have a life with them over the phone.

[Harpa Timsah 13,260]

There is no reason for a I-130 to be sent to NC. If it was sent there then my only guess is that it is not yet approved.

No one has a joint interview for a I-130 in the US.

This is not correct.

Did your lawyer tell you this?

[Bonnie&Bob 33]

Nope. The letter sent from USCIS stated how it was going to happen. Got approval letters from both I-130 & I-129F. The I-129F started in Vermont, then transfered to California for approval, then to NVC. The I-130 started in California, then to Nebraska for a RFE, then 34 days later approval, and now to Durham.

I have never heard of anything so crazy.

RFE - I-130 (February 12, 2014) Nebraska

Approved I-130. (March 18, 2014) Nebraska

Approved I-129F (March 25, 2014) California

[Harpa Timsah 13,260]

Did it say Durham? There is no reason on god's green earth for your approved petition to go to Durham. That's not how it works.

Did it maybe say "has been transfered to a local office?" They sometimes send out that notice and it appears like your local office but it's really "a" local office, local to somewhere, meaning the NVC.

Have you called NVC and asked for casefile status on your I-130?

[NikLR 13,234]

Has the USC called the USCIS and inquired about the I-130 and where it is exactly? You need to speak to a tier 2 about this. It's a little bananas.

[Bonnie&Bob 33]

The lawyer called about the I-130 and her exact words were, "What do you mean it has been transfered to Durham?". The woman on the phone told her the approval has been sent to that office for "Future" processing. Our lawyer asked why and she said s second jnterview

[Harpa Timsah 13,260]

I don't trust your lawyer. Why don't you call them yourself?

You don't get a second interview for a stand alone I-130 if it has already been approved. Impossible.

It is possible to get a local interview before your I-130 is approved, in order to approve it in cases where fraud is suspected. But you say you are already approved.

[imse 82 8]

Not sure what's wrong with sending the approved I130 to the local office. Prior 2006 this is how USCIS used to handle the situation when both I130 and I129F are approved. They simply used to send the approved I130 to local office and let the I129F proceed to the embassy for immigrant visa. Once the beneficiary in the US and ready to adjust status, USCIS will retrieve the approved I130 to start adjustment of status.

Are they starting to do this again? Maybe they are. No one can tell for sure.

[Bonnie&Bob 33]

We called and the file is in Durham and we will have an interview after my I-129 F in Montreal. They are doing this because we are so close to us being able to file for status for 10 years (2 months before our 2nd Anniversary). This is considered or going to be usual procedure for situations that are coming up for permanent residence filing for 10 years. Could wait up to 4-8 weeks for this interview in Durham when I get back.

P.S. This doesn't shock me. Nothing I have ever done in my life is what one would call Normal Procedure.

Edited April 8, 2014 by Bonnie&Bob

[Harpa Timsah 13,260]

Not sure what's wrong with sending the approved I130 to the local office. Prior 2006 this is how USCIS used to handle the situation when both I130 and I129F are approved. They simply used to send the approved I130 to local office and let the I129F proceed to the embassy for immigrant visa. Once the beneficiary in the US and ready to adjust status, USCIS will retrieve the approved I130 to start adjustment of status.

Are they starting to do this again? Maybe they are. No one can tell for sure.

Thanks imse.

But that would have been for a non-approved I-130, right? The whole point of the K-3 is when approving I-130s took a long time. What would be the point of sending an approved one to a local office, to gather dust? Why not send it on to the NVC? According to his timeline, the I-130 was approved before the I-129F anyway, so I am wondering how they would have known, at that time, to squirrel away the I-130 to make way for the I-129F that would be approved in the future? I thought K-3s happened when the I-129F was approved first.

Edited April 8, 2014 by Harpa Timsah