Filing a K3 after I130 to expedite the process? NOA 1 to NOA 2 in just 4 months?

[billding 59]

I just saw here on VJ someone doing this. Does this actually work? Is it even legal?

 

If it is, I feel pretty dumb.

 

Hope the VJ veterans can chime in! TIA!

 

@Greenbaum @Hank_ @geowrian @missileman @payxibka

Edited September 10, 2019 by TXBill

[payxibka 10,044]

8 minutes ago, TXBill said:

I just saw here on VJ someone doing this. Does this actually work? Is it even legal?

 

If it is, I feel pretty dumb.

 

Hope the VJ veterans can chime in! TIA!

 

@Greenbaum @Hank_ @geowrian @missileman @payxibka

Are you k1?

[billding 59]

1 minute ago, payxibka said:

Are you k1?

Yes but I was just wondering if that works. We were thinking of getting married in the Philippines but when we realized how long the spouse visa took we opted for the k1.

[payxibka 10,044]

4 minutes ago, TXBill said:

Yes but I was just wondering if that works. We were thinking of getting married in the Philippines but when we realized how long the spouse visa took we opted for the k1.

There is anecdotal evidence only.   Nobody can say for sure if filing the i129f after the i130 is or has any effect on the i130, with that said,  it is not proven and maybe just an internet legend

Edited September 10, 2019 by payxibka

[Hank_ 9,171]

5 minutes ago, TXBill said:

Yes but I was just wondering if that works. We were thinking of getting married in the Philippines but when we realized how long the spouse visa took we opted for the k1.

 

There is only a couple months difference in the visa process between the spouse visa and fiancee visa.  The big delay is with the K-1 getting the green card after filing AOS .. spouse gets their green card/I-551 stamp upon entry in the USA, the K-1 can be waiting upwards of 10-12 months for the green card, and upwards of 6 months for an EAD.     That is a lots of time sitting home twiddling your thumbs.

 

 

There is a whole topic on the K-3/ I-130 "game" already

Edited September 10, 2019 by Hank_

[Crazy Cat 39,151]

@payxibka and @Hank_ are correct.  I'll just add that this:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US  
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[JulienR 92]

Read this :

It is more than anecdotal at this stage, there has been dozens of cases now, none unsuccesfull to my knowledge.

 

[Crazy Cat 39,151]

Just now, JulienR said:

Read this :

It is more than anecdotal at this stage, there has been dozens of cases now, none unsuccesfull to my knowledge.

 

I see no logical reason for this method to work.   There are thousands and thousands of I-130s already in the queue.  How/Why should filing an I-129f allow someone to jump the line?  

 

The only reason I can imagine is if there is one or 2 adjudicators in Nebraska (the only SC I have heard about) who are processing them incorrectly........just my opinion.

[billding 59]

10 minutes ago, missileman said:

I see no logical reason for this method to work.   There are thousands and thousands of I-130s already in the queue.  How/Why should filing an I-129f allow someone to jump the line?  

 

The only reason I can imagine is if there is one or 2 adjudicators in Nebraska (the only SC I have heard about) who are processing them incorrectly........just my opinion.

It's in Nebraska. According to @Joe & Dhee.

There's an explanation on their profile how they did it.

 

I read somewhere online (I closed the window I can't find it anymore) that some do this because when they file the i129f it forces the service center to look into their file and seeing that they submitted to the i130 they get NOA2/approval since their file is already open/being reviewed.

[JulienR 92]

5 minutes ago, missileman said:

I see no logical reason for this method to work.   There are thousands and thousands of I-130s already in the queue.  How/Why should filing an I-129f allow someone to jump the line?  

 

The only reason I can imagine is if there is one or 2 adjudicators in Nebraska (the only SC I have heard about) who are processing them incorrectly........just my opinion.

I agree, it does not make any sense and no one has an explaination, but the fact is a lot of people have tried and been successful. To my knowledge no K3 has been granted so far so there seem to be no risk in trying anyway, worst case it doesn't do anything. They might pick up on the loophole at some point though and close it. 

[Crazy Cat 39,151]

55 minutes ago, TXBill said:

It's in Nebraska. According to @Joe & Dhee.

There's an explanation on their profile how they did it.

 

I read somewhere online (I closed the window I can't find it anymore) that some do this because when they file the i129f it forces the service center to look into their file and seeing that they submitted to the i130 they get NOA2/approval since their file is already open/being reviewed.

That has not been the case until just very recently........That's why I think there is at least one rogue adjudicator in Nebraska....and it is blatantly unfair to the I-130 filers who have been waiting for months longer.......just my opinion.

[billding 59]

6 minutes ago, missileman said:

That has not been the case until just very recently........That's why I think there is at least one rogue adjudicator in Nebraska....and it is blatantly unfair to the I-130 filers who have been waiting for months longer.......just my opinion.

I agree. Thanks for your opinion appreciate it

[Crazy Cat 39,151]

2 minutes ago, TXBill said:

I agree. Thanks for your opinion appreciate it

But it might work......go for it........

[geowrian 22,335]

As noted, there is scattered anecdotal evidence that filing an I-129F for a K-3 may result in faster processing than an I-130. I also concur that it doesn't make sense for this to happen, so if it's even true (the sample size is so small to know), it's likely due to a small handful of inexperienced IOs. It is certainly not something I would rely on, has not been the case in the past, and I would definitely not abandon your K-1 process to start a K-3 one.

[billding 59]

14 minutes ago, missileman said:

But it might work......go for it........

Already waiting in noa2 thanks though