I need help ASAP PLEASE

[Ron&Wenwen 7]

Hi VJ Members,

I am so confused and maybe just worn out from the waiting process like everyone else.

I have a situation with my wife in China. Actually, we just celebrated our 1 year anniversary yesterday

I filed for a K3 visa and for children under 21 year of age. Our PD is February 19th and hoping to be approved in a few weeks.

I did not submit a I-129 because I was told I did not need to.

My wife is concerned that since the K3 visa is considered a nonimmigrant visa and if our relationship should go bad, that she will be sent back to China and have to start her life all over. I think she has a valid concern, meaning I would think the same thing. We have a great marriage even though we have been apart for almost a year.

My question is. I was told the K3 is the petition and since we have been married less than two years, once she passes the interview she would be granted a CR1 visa and would have to adjust her status once she was here.

Did I file the correct visa? I mean, you cannot get a CR1 without first being approved for the I-130. Are all visas nonimmigrant until they AOS?

Also, i just read I should have filed two I-130's. One for my wife and one for my daughter.

I apologize for being all over the place with this question.

Thanks,

P.S. If someone reads this and can reply with an answer in English and can translate into Chinese, that would be great

[Darnell 8,479]

k-3s are useless to chase, as the I-129F and the I-130 are usually adjudicated together at USCIS,

and when travelled on to NVC, the NVC clerks see an approved I-130 and cancel the I-129F.

The basis of chasing after a K-3, is an un-approved I-130. Since that I-130 travelled with the I-129F into NVC, both approved, NVC tosses the I-129F.

With that said -

1. you cannot get a K-3 without any I-129F in play, filed after the I-130. If you not do it yet, don't.

2. I hope you filed an I-130 on each human that is to immigrate. If not, wake up soon before your wife cuts you, and file a new I-130 on the child with a copy of the I-130 NOA-1 on the mother.

3. the CR-1 visa needs to applied for after the I-130 is approved, that's done at NVC with NVC doc intake and fee payments. CR-2 also (for the child)

4. CR-2s are valid if the child is under 18 at age of filing, else I get confused about the cut-off age for a CR-2. (sorry) - research that a bit for CR-2 age.

Edited July 6, 2014 by Darnell

[Ron&Wenwen 7]

Hi Darnell,

Thank you for the reply.

I will answer the following points.

1. That is what I thought. File I-129f after I-130 is approved.

2. I don't think she will cut me, but I will get an ear full in Chinese. Will FedEx a new I-130 for my daughter.

3. CR1 is what I thought after the I-130 was processed at NVC.

4. I will check the age requirements for CR-2

Do you think sending in the I-130 for my daughter will slow down our PD? If the processing times are correct, the I-130 might be approved within the next 30 to 45 days. This is only a guess.

Can you comment on the nonimmigrant process in Chinese. I have tried to explain this, but my Chinese is awful and the translation only makes it worse.

Thanks -

[Hypnos 6,579]

As stated, you won't be getting a K-3 since (i) they are administratively closed in favour of a CR-1, (ii) you haven't applied for one.

You will need to file separate I-130s for each person needing a visa, as you've been advised.

You may hear something on your wife's I-130s at the end of this year / start of next, but you will likely have to delay action on that anyway due to not filing your step-children's I-130s yet (you will presumably want them all to immigrate at the same time).

If you're both resident in China then filing DCF is probably the fastest way to go. Is that how your wife's existing I-130 was filed, or did you send it to the US?

Edited July 6, 2014 by Hypnos

[Ron&Wenwen 7]

I understand that I need to file a new i-130 for my daughter and attach it to my wife's current I-130, but I don't understand why it will be another 6 or 7 months. Since my current PD is 2/19/2014, are you saying adding the second I-130 will cause another 5 or 6 month wait?

If the K3's are no longer being used, why in heck do they make it an option. I called USCIS back in March and they said nothing about needing a second I-130 for my daughter or the K3 was no longer being used. This is some confusing and mind blowing.

[Darnell 8,479]

is possible to ask for an expedite in a cover letter with the 2nd I-130. so that'll get you some speed.

After I-130 approval, the casefiles move to NVC. If you want to join them up at NVC - that's certainly possible.

expedite reasons at USCIS - (pick 1 or more)

1. primary beneficiary petition already filed.

2. age out on the derivative petition

K-3 stuff

For some time- there was a loophole where one filed only 1 I-130, then an I-129F, listing the child, and then when the I-129F was forwarded on by itself, it was local discretion at each IV Unit to allow for K-3 and K-4 visas to be chased after, with just that one I-130 filed. I say not rely on that loophole - I couldn't even tell you if Guangzhou IV even allows it.

A K-3 visa holder still has to adjust status in the USA - they have 2 years validity on the I-94 given at the POE, but they can't do anything with a K-3, on a K-3, no ssn , no work, no nothing save to transit back and forth during those 2 years and file for adjustment of status (another thousand bucks plus plus) . That's why it's deemed a non-immigrant visa - there ain't nothing given after POE - one must apply for the adjustment of status and chase a green card.

The K-3 visa designation was useful for some time, when the I-130 adjudications were taking 18 months to 2 years. Throw in some automation with FBI namechecks, and that gap has disappeared during the last 5 years.

Query - what is the current age of the child?

[Ron&Wenwen 7]

Hi Darnell,

I guess there is no simple way to apply for a CR1 visa. I was trying to follow the instructions and maybe I missed something in the process.

It was my fault I did not file a separate I-130 for my daughter. I will request expedite as you suggested on the second I-130 I will send off for on Monday.

My daughter will be 19 on July 18th.

[Darnell 8,479]

was she under age 18 at time of marriage date?

[Ron&Wenwen 7]

Yes she was under 18 at the time we were married last year.

[Darnell 8,479]

great - she's petitionable then. good luck with getting that 2nd I-130 out the door. GodSpeed, Sir !

[Ron&Wenwen 7]

Hi Darnell,

Thank you for your time and advice. I have already filled out the second I-130 and have already dropped it off at FedEx for overnight delivery, so it should be there Tuesday morning with an attached expedite request.

Thank you,

Ron

[Darnell 8,479]

That's great news !

[TBoneTX 47,498]

*** Thread moved from K-3 Process forum to the CR-1 Process forum -- OP is on the I-130 path. ***