VISA Processing Times Between VISA Journey and USCIS do not Match

[AbhiRash 1]

Hi,

 

I currently filed an I-130 and I-129f for my wife who lives in India. We received notice of action from USCIS back in January.  Currently, USCIS last updated their processing times as of Feb 21st 2017.  

 

Both of my petitions went to TSC which USCIS shows they are currently processing August 2016 I-130 and I-129f applications, but VISA journey is stating December 2016 I-130 applications at TSC.

 

How are the processing dates on VISA journey verified and scrutinized for accuracy?  And why is VISA journey's processing times 4 months ahead?

 

I called USCIS to confirm their dates of August 2016 I-130 applications.

[Ben&Zian 4,398]

11 minutes ago, AbhiRash said:

Hi,

 

I currently filed an I-130 and I-129f for my wife who lives in India. We received notice of action from USCIS back in January.  Currently, USCIS last updated their processing times as of Feb 21st 2017.  

 

Both of my petitions went to TSC which USCIS shows they are currently processing August 2016 I-130 and I-129f applications, but VISA journey is stating December 2016 I-130 applications at TSC.

 

How are the processing dates on VISA journey verified and scrutinized for accuracy?  And why is VISA journey's processing times 4 months ahead?

 

I called USCIS to confirm their dates of August 2016 I-130 applications.

 

Why did you file I-130 and I-129f? I-129f is for fiance visa/K-1.....

 

But anyways, the USCIS timeline is generally out of date or behind a bit. The timelines here are based off the information given from users so naturally each time line will be a bit different; but the VJ time line are fairly reliable; but as with everything it is case by case. 

[geowrian 22,337]

First thing I'll note is that K-3 is basically obsolete. It's technically possible to get approved all the way through, but we're talking in numbers of only a handful of cases per year...the rest are administratively closed at NVC.

 

Second, although you sent the I-129F to the Texas lockbox, TSC does not process I-129Fs. CSC should be the one handling your case. You NOA1 should show this in the lower left corner.

 

Third, while the dates were updated a week ago, check the line at the top: "as of: December 31, 2016". The data on the website is only recent up to the end of 2016. It's 2 months out of date already. The data on VJ is based on its members' actual timelines. I myself have checked the cases (see my signature) for Nov. and some Dec. filers, who are being processed regularly for I-129Fs. Nov. and some Dec. filers are definitely being processed right now (for I-129Fs).

Edited February 27, 2017 by geowrian

[geowrian 22,337]

8 minutes ago, Ben&Zian said:

Why did you file I-130 and I-129f? I-129f is for fiance visa/K-1.....

I believe the OP field for a K-3 (filing both forms plus his profile saying K-3).

[Ben&Zian 4,398]

7 minutes ago, geowrian said:

I believe the OP field for a K-3 (filing both forms plus his profile saying K-3).

 

 

Ah. My mistake on that part. Missed that small part about K-3.

[AbhiRash 1]

I want to first thank everyone for providing feedback.  

 

This is where my confusion is.  You are correct to state if you go to the USCIS processing times website it does state last updated December 31st 2016.

 

But I just spoke with a USCIS representative this morning and pointed that out to him.  He said look at the bottom right of the page which states last updated February 21st 2016?  So the representative said don't look at the top date.

 

Can someone elaborate with confidence on processing dates because I don't want to get my wife's hopes up by letting her know they're working on December 6th 2016 I-130 applications which is what VISA Journey states when USCIS is stating August 2016 for I-130 applications at TSC.

 

My wife and I just got married in December 2016 and I sent in the 130 for spousal VISA petition in January.  This went to TSC.  

 

I was also informed I could send in the I-129f as k3 because this could have a faster processing time and could help my wife get approved sooner.  That's why I sent both.  When I received the NOA for I-129f from USCIS the address was TSC.

 

 

[Georgia16 2,858]

33 minutes ago, AbhiRash said:

Hi,

 

I currently filed an I-130 and I-129f for my wife who lives in India. We received notice of action from USCIS back in January.  Currently, USCIS last updated their processing times as of Feb 21st 2017.  

 

Both of my petitions went to TSC which USCIS shows they are currently processing August 2016 I-130 and I-129f applications, but VISA journey is stating December 2016 I-130 applications at TSC.

 

How are the processing dates on VISA journey verified and scrutinized for accuracy?  And why is VISA journey's processing times 4 months ahead?

 

I called USCIS to confirm their dates of August 2016 I-130 applications.

K-3 is very very rarely given so you are most likely looking at a CR-1 route.

 

The data in here is only based on the data that members enter so a lot of it is wrong and many don't so it or don't complete it. In my case it was almost right though. The USCIS updates it once in a while and show the last case they are working on BUT you have to go with that date (USCIS) your case is NOT outside of normal processing time until that date has passed.

 

Also there are different service centers some are faster then others and no people don't decide where they will send their application it is all depended on which state you live in.

[geowrian 22,337]

17 minutes ago, AbhiRash said:

I want to first thank everyone for providing feedback.  

 

This is where my confusion is.  You are correct to state if you go to the USCIS processing times website it does state last updated December 31st 2016.

 

But I just spoke with a USCIS representative this morning and pointed that out to him.  He said look at the bottom right of the page which states last updated February 21st 2016?  So the representative said don't look at the top date.

 

Can someone elaborate with confidence on processing dates because I don't want to get my wife's hopes up by letting her know they're working on December 6th 2016 I-130 applications which is what VISA Journey states when USCIS is stating August 2016 for I-130 applications at TSC.

 

My wife and I just got married in December 2016 and I sent in the 130 for spousal VISA petition in January.  This went to TSC.  

 

I was also informed I could send in the I-129f as k3 because this could have a faster processing time and could help my wife get approved sooner.  That's why I sent both.  When I received the NOA for I-129f from USCIS the address was TSC.

 

 

The page was updated to show the Dec. 31st table on Feb. 21st. Prior to that, it showed the Nov. 30th table. The USCIS customer service line is only going to go by what the official website shows.

 

I don't actively track I-130s personally, but there's about 10-12+ month lead time for a CR-1 visa. The data on the VJ stats page is fairly close but is still only an estimate. For TSC with an I-130, expect about 83 days form NOA1 to NOA2. It's certainly possible somebody form Dec. was approved already...it could be an expedite, dumb luck, or just bad data entry. But expect roughly 3 months from filing to approval  of the I-130 (assuming no RFEs). I suggest following the I-130/CR-1 threads here for the month you filed...they normally do a good job of letting people know about updates.

 

Congrats on the marriage!

Okay, I-130s can be processed at TSC...ignore my CSC comment above then.

 

Right, but that process is obsolete now. Only 182 K-3s were issued in 2015 (compared to 30,947 K-1s and 315,352 immediate relative visas that year). K-3 was relevant back when CR-1s were taking several years to process. Now they take 10-12+ months, so they are (at best) only a couple of months faster.

https://www.avvo.com/legal-answers/is-the-k3-visa-obsolete--should-i-apply-for-my-hus-1433103.html

https://rapidvisa.com/the-k3-spousal-visa-is-obsolete/

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2015AnnualReport/FY15AnnualReport-TableXVIB.pdf

Edited February 27, 2017 by geowrian

[AbhiRash 1]

I just to add clarification on my wife's petition.  I'm a US citizen who filed on behalf of my wife. I filed for IR (immediate relative) status not CR (conditional relative) status.  

 

Also the I-129f form has the option to file for K1 (fiance) or K3 (spousal) status.  So I selected K3 since we already married.

 

CR has no relevance to our case.  

 

Does anyone know if filing for immediate relative as US citizen expediates the case process?

[geowrian 22,337]

1 minute ago, AbhiRash said:

I just to add clarification on my wife's petition.  I'm a US citizen who filed on behalf of my wife. I filed for IR (immediate relative) status not CR (conditional relative) status.  

 

Also the I-129f form has the option to file for K1 (fiance) or K3 (spousal) status.  So I selected K3 since we already married.

 

CR has no relevance to our case.  

 

Does anyone know if filing for immediate relative as US citizen expediates the case process?

You can't choose which one to file for...CR or IR. You will get the relevant one based on the length of your marriage: CR-1 for <2 years, IR-1 for >= 2 years of marriage. And to clarify, you didn't file for either one yet...you only submitted petitions. Once approved, then your spouse can file a DS-260 for the actual visa.

 

Yes, the I-129F is where you would choose the K-3 option. It's still technically on the books. We're just saying that there is an extremely small chance your K-3 will be approved - it will likely be closed at NVC and then treated like a normal CR-1/IR-1 visa process (with the I-130 petition remaining open).

 

I'm not sure what you're asking re: immediate relative and expediting your case. CR-1/IR-1 are immediate relative visas. I think you're misunderstanding what "CR" means - it's not "conditional relative", it's "conditional resident". Both IR-1 and CR-1 are for immediate relatives.

[AbhiRash 1]

Thank you for the clarification geowrian.  I have a few more questions.

 

1.  I've read since I (US citizen) married my wife, indian national, in India the K3 petition should have been submitted in the country of marriage.  

 

Is this true?  Because my understanding was I needed to start the petition first by sending the I-130 and then send the I-129f after the NOA receipt was received.   I submitted both applications in US after coming back home.

 

Should I instruct my wife to call the US embassy in her jurisdiction for clarification?  

 

My understanding is there is nothing we can do at the moment but wait for NOA2 for medical exam and interview.  

 

Is this correct?

[Georgia16 2,858]

2 minutes ago, AbhiRash said:

Thank you for the clarification geowrian.  I have a few more questions.

 

1.  I've read since I (US citizen) married my wife, indian national, in India the K3 petition should have been submitted in the country of marriage.  

 

Is this true?  Because my understanding was I needed to start the petition first by sending the I-130 and then send the I-129f after the NOA receipt was received.   I submitted both applications in US after coming back home.

 

Should I instruct my wife to call the US embassy in her jurisdiction for clarification?  

 

My understanding is there is nothing we can do at the moment but wait for NOA2 for medical exam and interview.  

 

Is this correct?

I really think you need to prepare yourself that you are not getting the K-3 visa.

[geowrian 22,337]

20 minutes ago, AbhiRash said:

Thank you for the clarification geowrian.  I have a few more questions.

 

1.  I've read since I (US citizen) married my wife, indian national, in India the K3 petition should have been submitted in the country of marriage.  

 

Is this true?  Because my understanding was I needed to start the petition first by sending the I-130 and then send the I-129f after the NOA receipt was received.   I submitted both applications in US after coming back home.

 

Should I instruct my wife to call the US embassy in her jurisdiction for clarification?  

 

My understanding is there is nothing we can do at the moment but wait for NOA2 for medical exam and interview.  

 

Is this correct?

The I-130 can be submitted from any country. The same goes for the I-129F, albeit as noted above, that will likely be administratively closed once it reaches NVC. Where you married doesn't matter in terms of where you file the petition. Maybe you read something about DCF (which generally requires 6+ month residency and is filed withg the embassy abroad)...?

 

Correct - you're just waiting at this point. Track your cases and follow them up in case you get an RFE or something, but there's nothing you need to be doing now other than hoping/praying for a quick and positive processing. You should track the I-129F, but don't be surprised when it gets the NOA2, sent to NVC, then closed. The I-130 is the one that should remain open, get processed & approved, is sent to the embassy, and then your spouse can proceed with the medical/interview/etc.

[AbhiRash 1]

Where is this information coming from which states K3 is no longer offered or severely limited?  

 

I can prepare myself for this outcome if it is true the first 130s are processed in a reasonable amount of time.

 

But the USCIS has this option still available in their website.  My understanding was it was "water under the bridge" if 129f for k3 did expedite visa it would allow the spouse to come to the US sooner while the visa petition was in process.  With additional expenses.

 

So just to confirm, given our situation, 130 is the only most likely route for US VISA?

 

K1 is out of the question since this applies to fiance status only.  

[AbhiRash 1]

Thanks for the update everyone