Wait Time

[jhenry85 0]

If aplication for I-129F and I-130 have been submitted in May when is the estimated time to recieve information on if the visa was granted or not?

[Ian H. 207]

Hi,

Approval of the petition doesn't indicate approval for a visa. The approved petition only means that a relationship exists for immigration purposes.

In order to apply for a visa, the case has to be sent to the NVC for processing and then to the embassy/consulate where you will actually apply for a visa. You have to meet all of the requirements for a visa, ie financial support, medical, civil docs, no inadmissibility, etc.

[jhenry85 0]

ok so when i check it through the uscis case status is says it been received and processing. So at this point is all I'm doing is waiting for them to make a decision and from there I'll meet with an embassy consulate?

[Ian H. 207]

One of two things will happen because the K3 visa has a very odd chance of being issued:

If the I-129F is approved and sent to the NVC before the I-130, the case will be forwared to the embassy and you will be able to apply for a K3 visa.

If the I-130 is approved first or more likely at around the same time as the I-129F, the I-130 will prevail and the other will be closed. You will then have to proceed with NVC processing for a CR1 visa. After NVC processing you will have to follow the steps required at the embassy like medical and apply for the visa.

Therefore, right now all that is going on is that your petitions are being processed. After one or both is approved you will be able to follow one of the paths I mentioned above.

[jhenry85 0]

oh ok i see!! Thanks so much for your information!

[Ian H. 207]

You're welcome. Also keep in mind that if you do end up getting the K3 visa, you will have to adjust status when you enter the US. You will not be an LPR automatically. So you will have to apply for an EAD in order to work. I think you don't need an AP to travel because I'm pretty sure the K3 is multiple entry unlike the K1.

If you end up getting the CR1 (more likely) you will become an LPR when you enter the US and can work or travel right away.

[NikLR 13,220]

After AOS you still need AP to travel but you can travel multiple times before filing the AOS.

[Ian H. 207]

I thought the AP was only required if the K3 is expired, aren't they valid for like 2 years at a time?

I got it from USCIS, unless it's outdated.

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

[dwheels76 5,463]

oh ok i see!! Thanks so much for your information!

Honestly you need to be reading up on the NVC Process and getting prepared for when your I-130 is sent there. Alot to know and its changing everyday and right now its 3 to 6 months there so knowing how to operate through NVC is vital.

Like right now while you wait you can have all your tax documents together. Making sure you have filed the last 3 years. But read the wiki below.

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