k3 visa

[gen_todd 6]

My husband filed i-130,after recieving the noa1 he filed i-129f to obtain a k3 visa,after few weeks he recieved a mail from uscis stating that our i-130 has been approved and sent to nvc.and same day another mail arrived and its our i-129 already approved too and been forwarded to the listed consulate.now we are both confused what to pursue..a k3 or the cr1 visa.

[Amhara 460]

Your K-3 will be administratively closed and the CR-1 process should begin.

Here is a source:

https://my.uscis.gov/helpcenter/article/2493

I wish I could find a better one, but since your I-130 has been approved, you are no longer eligible for the K-3 visa.

Edited September 8, 2015 by Amhara

[gen_todd 6]

Thank you so much but my husband whose now in u.s just called the uscis earlier and asked about it..they told him that both petition are still valid.

[Amhara 460]

I think it gets closed at the NVC level. It is quite counter-productive, and if we were married, we would have sent the I-129F too.

http://travel.state.gov/content/visas/english/immigrate/family/spouse-citizen.html

The Second Step: Applying for a Visa

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

[gen_todd 6]

Thank you so much for all the information amhara..its a very big help.my husband and i has been arguing this lol because i told him that k3 has been closed but now reading the link you sent to me and reading again the papers that uscis has sent to my husband..i found out that our i129f has been approved first by nvc before our i 130 was sent to nvc so now our i 129f petition was already forwarded to manila embassy phils.thank you again

[Greenbaum 12,258]

Thank you so much for all the information amhara..its a very big help.my husband and i has been arguing this lol because i told him that k3 has been closed but now reading the link you sent to me and reading again the papers that uscis has sent to my husband..i found out that our i129f has been approved first by nvc before our i 130 was sent to nvc so now our i 129f petition was already forwarded to manila embassy phils.thank you again

Most people do no use the K-3 because it is all but dead. I'm glad you asked the question as I learned something today from @Amhara. And to him/her thanks for the explanation.

[Amhara 460]

Thank you so much for all the information amhara..its a very big help.my husband and i has been arguing this lol because i told him that k3 has been closed but now reading the link you sent to me and reading again the papers that uscis has sent to my husband..i found out that our i129f has been approved first by nvc before our i 130 was sent to nvc so now our i 129f petition was already forwarded to manila embassy phils.thank you again

Yay! Then you should be good to go! Awesome!

[Ed and Gina 45]

While it is true that "most people don't use K3...that it is all but dead..."

Well, I went the K3 route for my wife and succeeded. It wasn't easy - inasmuch as I utilized my Congressman...also sent many letters to Congress and others - at the time, Obama was ram-rodding DACA through USCIS which had a very negative impact on those of us attempting to go through LEGAL channels of the immigration process. Nonetheless...it is true that few K3 visas go through. The sooner you apply, the better your chances. If your I-130 is approved at the same time as the K3, the I-130 takes precedence - the K3 is thrown out. If the K3 is approved before the I-130, you're in luck! The K3 will, ultimately, cost more money. You'll have to Adjust Status - $1070.00 (currently). That can take up to a year to get a Green Card. You'll want to submit Adjustment of Status paperwork ASAP!!! However, you need to have NOA2 for the I-130 - or, so it seems. Our NOA2 came 18 months after submitting the original paperwork!!! My wife was here for 13 months before we got the NOA2 for the I-130.

So, there are things to consider. If you go the I-130 route...your spouse will get a Green Card within a few weeks of arriving in the US. So - depends on your situation.

Good Luck.

[Ed and Gina 45]

Having more thoroughly read your message...that both the I-130 and the I-129F were approved on the same day...ultimately, the I-130 will take precedence. Once the embassy realizes that there is an approved I-130, your I-129F will be closed out. Keep us posted.

[Amhara 460]

Our NOA2 came 18 months after submitting the original paperwork!!! My wife was here for 13 months before we got the NOA2 for the I-130.

WOW! I was thinking that OP's K-3 worked because their case went through CSC, but your case went through TSC and you got yours! You still waited an extremely long time, but it could have been 13 months longer????? That really blows my mind......gosh

[Ed and Gina 45]

You don't have a choice of which to pursue...the consulate will make that decision...and they will, most likely, close the K3. The I-130 overrides the K3.

[Amhara 460]

I found out that our i129f has been approved first by nvc before our i 130 was sent to nvc so now our i 129f petition was already forwarded to manila embassy phils.

You don't have a choice of which to pursue...the consulate will make that decision...and they will, most likely, close the K3. The I-130 overrides the K3.

If the I-129F left the NVC before the I-130, wouldn't the consulate work the K-3 visa? Would they hold the K-3 visa back for the NVC to process the I-130?

[Ed and Gina 45]

If the I-129F left the NVC before the I-130, wouldn't the consulate work the K-3 visa? Would they hold the K-3 visa back for the NVC to process the I-130?

One would think so...however...the I-130 takes precedence over the K3. The K3 case will be closed and the I-130 will proceed. If both were approved on the same day...the I-130, ultimately, overrides the K3. Eventually, the embassy will become aware that there is an approved I-130. You can get all the way up to your K3 interview only to be told that the I-130 is in process and that the K3 case will be closed. It's clearly stated on both USCIS and NVC websites.

[gen_todd 6]

After how many calls to nvc.my husband finally got our case number and just waiting for the packet to be sent.he is doing pretty good job.by the way we get married last june 7 and he start sending application june 15.we cant believe our application has moving too fast than what we expected.