i am really sad

[NigeriaorBust 4,087]

Not sure why you put K3 visa here / it is a CR 1 you go for / no longer do they call it a K3

You may have been denied simply becasue the US citizen did not withdraw the K 1 visa application / many think this is not necessary but it is

you have 2 applications in their system / forget the K1 as you are married now / cancel the K1 by simply writing a letter to the immigraiton office handling the case

US citizen needs to wait, as others have said, and respond to the denial withdrawing the K1 at the same time

There is no K1 in play. In the various visa classes K3 still exists and sneaks through once in awhile. (0% of the time the I130 is faster and the K3 is closed because the I130 has preceded it. The CR1 is a better visa most of the time as it is cheaper and allows work on entry. The only time the K3 ( K4) is better is the fact it allows children to enter up to the age of 21. They don't have to withdraw the petition it is automatically a non issue because it requires a pending I130 ( Cr1) petition which they no longer have. They need to take a close look at where their response to the RFE was lacking and fix that in preparation to respond to denial.

[omololu 0]

Not sure why you put K3 visa here / it is a CR 1 you go for / no longer do they call it a K3

You may have been denied simply becasue the US citizen did not withdraw the K 1 visa application / many think this is not necessary but it is

you have 2 applications in their system / forget the K1 as you are married now / cancel the K1 by simply writing a letter to the immigraiton office handling the case

US citizen needs to wait, as others have said, and respond to the denial withdrawing the K1 at the same time

No i didnt file k1 visa.. i filled i130 and i129f. i130 was denied and i129f is still saying pending. i am married to my wife i dont need to go for k1.

[omololu 0]

I AM GRATEFUL TO YOU ALL I HAVE GAINED MORE WISDOM FROM YOU RESPONSES. I WILL KEEP YOU POSTED AS WE WAITING FOR THE LETTER TO ARRIVE IN OTHER TO AMELIORATE ALL OUR MISTAKES AND LAPSES . THE LETTER SHOULD COME IN ON THURSDAY OR FRIDAY. ONCE AGAIN THANK YOU

[raini7 29]

No i didnt file k1 visa.. i filled i130 and i129f. i130 was denied and i129f is still saying pending. i am married to my wife i dont need to go for k1.

i-129f is k1 visa

[B&Z 201]

i-129f is k1 visa

I-130 filed first + I-129f while I-130 still pending = filing in hopes of being granted a K3

Edited August 23, 2016 by B&Z

[JFH 12,189]

i-129f is k1 visa

It's also required for those hoping to pursue a K-3.

[Beth & Achraf 328]

K3's are dead, why do people keep filing for a K3?...... in reality it is no quicker , as the I-129 is tossed at NVC level if I recall correctly when both approved together, or has things changed since I was last here regularly in 2009?

[NigeriaorBust 4,087]

People file K3's because they are still listed as a visa on the USCIS site and their explanation makes it sound like you can be together faster. Were you an expert on these things when you first thought about filing ?

[Beth & Achraf 328]

People file K3's because they are still listed as a visa on the USCIS site and their explanation makes it sound like you can be together faster. Were you an expert on these things when you first thought about filing ?

Not an expert, But I did my homework before filing, I helped a lot of people here back then and was very well liked. K3 subject has been the same for years and years, not worth filing for to save time, cause it really don't save time, and cost more in the long run for AOS.

Edited August 23, 2016 by Beth & Achraf

[Anitafeliz 1,133]

K3's are dead, why do people keep filing for a K3?...... in reality it is no quicker , as the I-129 is tossed at NVC level if I recall correctly when both approved together, or has things changed since I was last here regularly in 2009?

According to nigeriabust they are still using k3 at uscis

OP said can i still use 129f after 130 is denied.

NO a 129f without a 130 is a k1.

So @nigeriabust no i did not give bad advice.

Or do you suppose he can keep the 129 running being married? And bring his spouse as a fiancee??

Knowing very well one of the requierements for k1 is free to marry which if his 129 kept running its course it would be a k1 not k3 since 130 is denied

Edited August 23, 2016 by Anitafeliz

[Dutchster 1,106]

According to nigeriabust they are still using k3 at uscis

OP said can i still use 129f after 130 is denied.

NO a 129f without a 130 is a k1.

So @nigeriabust no i did not give bad advice.

Or do you suppose he can keep the 129 running being married? And bring his spouse as a fiancee??

Knowing very well one of the requierements for k1 is free to marry which if his 129 kept running its course it would be a k1 not k3 since 130 is denied

If you google the situation before giving any kind of wrong advice, you'll find some answers to this 'confussion'. You can file for both at the same time, so that the spouse can enter as a non-immigrant while the I-130 is pending.

Edited August 24, 2016 by stephadams

[NigeriaorBust 4,087]

According to nigeriabust they are still using k3 at uscis

OP said can i still use 129f after 130 is denied.

NO a 129f without a 130 is a k1.

So @nigeriabust no i did not give bad advice.

Or do you suppose he can keep the 129 running being married? And bring his spouse as a fiancee??

Knowing very well one of the requierements for k1 is free to marry which if his 129 kept running its course it would be a k1 not k3 since 130 is denied

Where on earth did you make up such rules ?

You get married and file an I130 to chase a CR1 visa (unless you are married more than 2 years than it is a IR1) , after that you can use the form I129F to chase a K3, a visa class that years ago allowed US citizens to get their spouses here when CR1 visas took years. Just because the cr1 hit a snag doesn't change the visa class. It doesn't mean they need to be unmarried ( status counts at point of filing not after the fact ) Per the USCIS site

Eligibility

To be eligible for a K-3 nonimmigrant visa, an individual must:

• Be married to a U.S. citizen
• Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf

The couple still meet bullet 1 but it is the second that is the issue now. It has nothing to do with their marital status. Apparently you have seen people that are married abroad thinking they can file as a K1 and marry in the US and are trying to apply the "no you can't" advise there to this case when it doesn't apply. You advise would make about as much sense as saying an I130 is only for married people so if you want to petition your sibling you have to marry them . Same form different visas.

[JFH 12,189]

K3's are dead, why do people keep filing for a K3?...... in reality it is no quicker , as the I-129 is tossed at NVC level if I recall correctly when both approved together, or has things changed since I was last here regularly in 2009?

We also filed an I-129F after the I-130 was received. It costs nothing except postage and 20 minutes to complete the form and who knows? There are still some K-3s that are issued each year. People become desperate during the wait for I-130 approval and if there is a chance, however slim, that you can be together quicker and it costs nothing to file, of course people are going to give it a shot.

[Anitafeliz 1,133]

If you google the situation before giving any kind of wrong advice, you'll find some answers to this 'confussion'. You can file for both at the same time, so that the spouse can enter as a non-immigrant while the I-130 is pending.

I KNOW they asked can they keep one going while the other is expired..... So I GUESS YES OP Some folks Are SAYING KEEP 129 going with out the 130 good luck

Edited August 24, 2016 by Anitafeliz

[Anitafeliz 1,133]

Where on earth did you make up such rules ?

You get married and file an I130 to chase a CR1 visa (unless you are married more than 2 years than it is a IR1) , after that you can use the form I129F to chase a K3, a visa class that years ago allowed US citizens to get their spouses here when CR1 visas took years. Just because the cr1 hit a snag doesn't change the visa class. It doesn't mean they need to be unmarried ( status counts at point of filing not after the fact ) Per the USCIS site

Eligibility

To be eligible for a K-3 nonimmigrant visa, an individual must:

• Be married to a U.S. citizen
• Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf

The couple still meet bullet 1 but it is the second that is the issue now. It has nothing to do with their marital status. Apparently you have seen people that are married abroad thinking they can file as a K1 and marry in the US and are trying to apply the "no you can't" advise there to this case when it doesn't apply. You advise would make about as much sense as saying an I130 is only for married people so if you want to petition your sibling you have to marry them . Same form different visas.

I know 130 is for family.

IN this case its for a spouse.

THANK YOU for clarifying all your points