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Posted

Hi everyone

 

So, i"ve filed my i130 ONLINE back in early June and received my NOA1in the following week. 

As for my online process, should i file i485 as soon as possible or should i wait for my NO2 to come?

 

Is it beneficial to apply for a K3 while wait for the NO2 of i130? (Potomac center is being super slow and my new estimation is May of 2021), has anyone been through this path? 

Any advice?

 

Thanks. 

Filed: Citizen (pnd) Country: China
Timeline
Posted
2 minutes ago, taessica said:

Is it beneficial to apply for a K3 while wait for the NO2 of i130? (Potomac center is being super slow and my new estimation is May of 2021), has anyone been through this path? 

Any advice?

 

No, while the K3 may officially remain on the books as viable; in practice, it's not viable at all.  Procedural changes at USCIS and State Department since the K3 first came into existence have now rendered it virtually unobtainable.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

Posted
13 minutes ago, taessica said:

Hi everyone

 

So, i"ve filed my i130 ONLINE back in early June and received my NOA1in the following week. 

As for my online process, should i file i485 as soon as possible or should i wait for my NO2 to come?

 

Is it beneficial to apply for a K3 while wait for the NO2 of i130? (Potomac center is being super slow and my new estimation is May of 2021), has anyone been through this path? 

Any advice?

 

Thanks. 

The I-485 is only filed if you're filing for adjustment of status.  Are you currently in the USA?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
17 minutes ago, taessica said:

As for my online process, should i file i485 as soon as possible

If the beneficiary is currently in the US then an I-485 can be filed.

19 minutes ago, taessica said:

Is it beneficial to apply for a K3 while wait for the NO2 of i130?

Sure you can file the I-129F but it doesn't make the I-130 approval faster.  And of you were to get a K3 you would end up paying more for a process that takes the longer to get a green card than an normal spousal.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
3 minutes ago, Paul & Mary said:

If the beneficiary is currently in the US then an I-485 can be filed.

Sure you can file the I-129F but it doesn't make the I-130 approval faster.  And of you were to get a K3 you would end up paying more for a process that takes the longer to get a green card than an normal spousal.

I was wondering because the estimation of i130 gets delayed every week from the email sent by visajourney. So I thought would it be nice to just have my spouse come USA asap while we wait for the i130 NO2. 

11 minutes ago, NikLR said:

The I-485 is only filed if you're filing for adjustment of status.  Are you currently in the USA?

yes, and my spouse is outside USA

Posted
1 minute ago, taessica said:

I was wondering because the estimation of i130 gets delayed every week from the email sent by visajourney. So I thought would it be nice to just have my spouse come USA asap while we wait for the i130 NO2. 

yes, and my spouse is outside USA

Okay the beneficiary is NOT in the USA?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
23 minutes ago, Ryan H said:

 

No, while the K3 may officially remain on the books as viable; in practice, it's not viable at all.  Procedural changes at USCIS and State Department since the K3 first came into existence have now rendered it virtually unobtainable.

Really? is there a source about this change? can you please elaborate more on this?

Just now, NikLR said:

Okay the beneficiary is NOT in the USA?

correct

Posted
Just now, taessica said:

Really? is there a source about this change? can you please elaborate more on this?

It appears non were issued this past fiscal year (sept data not yet posted). There were 5 the year before and all from Latin America.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
Just now, taessica said:

Really? is there a source about this change? can you please elaborate more on this?

correct

Then no I-485 will be filed. 

 

Also the K3 is obsolete because of both USCIS and NVC policy.  It is USCIS policy to match up the I-130 and I-129F together.  It's NVC policy to close any I-129F that arrives at the same time or after the I-130. Only an advancing I-129F would cause the K3 to be processed.  It's a terrible visa that costs more than double the CR1/IR1.  The NVC policy is easy to google. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
1 minute ago, taessica said:

Really? is there a source about this change? can you please elaborate more on this?

K-3 is extremely rare: https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

 

Odds are the I-129F would be administratively closed: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html

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.

In Fiscal Year 2020, only 3 visas were issued in the whole world: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

Posted
11 minutes ago, taessica said:

Really? is there a source about this change? can you please elaborate more on this?

correct

Look on page 2 of this annual report from up to 2019, and search for the K3 line.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf

 

As you can see the K3 issuance has been on a steady decline. 182 in 2015, 102 in 2016, only 15 in 2017, 6 people in 2018, and 5 people in 2019 got K3's. And this is out of millions of petitions. Like already said, the chances that you will get K3 is extremely low.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)
20 minutes ago, Paul & Mary said:

It appears non were issued this past fiscal year (sept data not yet posted).

Sept. data was posted a few days ago: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

In FY2020, 3 were issued. 1 in Nov 2019, 1 in Jan. 2020, and 1 in Mar. 2020.

4 minutes ago, Unlockable said:

As you can see the K3 issuance has been on a steady decline.

Looks like zero since the late March 2020 DOS announcement of reduction of visa services because of Covid.

Edited by HRQX
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
15 hours ago, taessica said:

I was wondering because the estimation of i130 gets delayed every week from the email sent by visajourney. So I thought would it be nice to just have my spouse come USA asap while we wait for the i130 NO2. 

yes, and my spouse is outside USA

 

Hello,

 

As others have stated, K3 is obsolete.  It is still there for you to sbumit, but the chances of approval has dropped to nearly 0.  

 

If your spouse is outside the US, she cannot enter and adjust status (I-485).  She can enter the US temporarily if she has a ESTA or tourist visa, but she must return to her country to finish the CR1/IR1 process.  

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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