Filed I-129f and then I-130

[algman 1]

Hello,

We filed for I-129f in December 2020 then we got married on March 2021. Then we filed I-130 on July 2021 and both cases still pending.

Is there anything I can do to speed to process? Is it really that our I-129f considered void?

Thank you

[Crazy Cat 39,414]

The fiance visa process was void once you married.  Nothing you can doo to speed up the process.  

[JeanneAdil 6,227]

yes,  the 129 is for fiancee visa and now u are married 

u should have sent a letter to cancel the i 129 along with the Cr 1 petition

Nothing u can do to speed the process unless u have reason to have an expedite 

and the reasons must be for issues for the USC not the bene

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. Timely file the benefit request , or
  2. Timely respond to any requests for additional evidence;
• Emergencies and urgent humanitarian reasons;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States;
• U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
• Clear USCIS error.

[powerpuff 5,941]

~ Moved from IR1/CR1 Process to Progress Reports ~

[Dil & Malar 91]

2 hours ago, algman said:

Hello,

We filed for I-129f in December 2020 then we got married on March 2021. Then we filed I-130 on July 2021 and both cases still pending.

Is there anything I can do to speed to process? Is it really that our I-129f considered void?

Thank you

I am in the same boat.  I sent a request letter to cancel I129F for fiance.  But still it says "CASE RECEIVED".  After filing I130,  I once again filed I129F for K3 visa.  It does not cost money,  I know they are not granting K3 visa, but at least it will get their attention to my I130.

[algman 1]

4 minutes ago, Dil & Malar said:

I am in the same boat.  I sent a request letter to cancel I129F for fiance.  But still it says "CASE RECEIVED".  After filing I130,  I once again filed I129F for K3 visa.  It does not cost money,  I know they are not granting K3 visa, but at least it will get their attention to my I130.

Do you mean since I already filed for I-130, filing K3 is free?

[Dil & Malar 91]

Just now, algman said:

Do you mean since I already filed for I-130, filing K3 is free?

Yes @Algman.  Fill up I129F, attach the receipt notice of I130 and copies of the necessary docs

 

[algman 1]

1 minute ago, Dil & Malar said:

Yes @Algman.  Fill up I129F, attach the receipt notice of I130 and copies of the necessary docs

 

I am definitely going to do that. Thank you

[etrangais 927]

1 minute ago, algman said:

Do you mean since I already filed for I-130, filing K3 is free?

K3 is free, you only need to attach a copy of the NOA1 for your I-130

Rumor has it the K3 helps to speed up the process, but it is only anecdotal

We did and our I-130 was approved in 70 days, it may have helped and it may not

Good luck

[SteveInBostonI130 3,328]

19 hours ago, Dil & Malar said:

I am in the same boat.  I sent a request letter to cancel I129F for fiance.  But still it says "CASE RECEIVED".  After filing I130,  I once again filed I129F for K3 visa.  It does not cost money,  I know they are not granting K3 visa, but at least it will get their attention to my I130.

 

I have notice a few people doing that - filing K3 thinking it will speed up their I-130.  Logically, how would it speed up the CR1?  It is another form that will need to be reviewed by USCIS.  Although they have been administratively closing the K3 because of the ongoing CR1, they would still need to do their due diligence in reviewing the K3 and to see if there is a CR1 from the petitioner, and wait for that to be adjusted before closing the K3.

 

One recent poster from last week was excited that their K3 was denied, thinking it meant their CR1 would be proved soon.  Others responded to that post that their CR1 was approved when they got the notice of the K3 denial.

 

In their excitement, it seemed to not be noticed that his case took about a month longer than the normal processing time for his service center.  It is great he got approved, but it doesn't seem great if it took a month longer than average.

 

A K3 just adds more workload to a department that has a lot already.  It makes no sense that applying for a K3 somehow magically speeds up the process, unless it somehow makes USCIS work harder?  Like the K3 turns them into Santa's elves?

 

If someone thinks they legitimately qualifies for a K3 (I believe 3 we're granted in 2020 to military petitioners?), then submit one.  But knowing that the K3 will be denied and submitting it just because it is free is madness.  

 

[Dil & Malar 91]

@SteveInBostonI130 -  Thanks for offering the suggestion.  I agree USCIS is administratively closing the K3 application, and what I observed is they are adjudicating I130 and NOT waiting for I130 timeline.  K3 processing time runs faster than I130 especially.  In fact K3 is designed by congress to unite the family together using a non-immigrant visa before the immigrant visa process gets over with.  But I totally understand your point it takes more time for USCIS if they really process K3, but they deny without spending much time on K3 and really focusing on I130. 

[SteveInBostonI130 3,328]

4 hours ago, Dil & Malar said:

@SteveInBostonI130 -  Thanks for offering the suggestion.  I agree USCIS is administratively closing the K3 application, and what I observed is they are adjudicating I130 and NOT waiting for I130 timeline.  K3 processing time runs faster than I130 especially.  In fact K3 is designed by congress to unite the family together using a non-immigrant visa before the immigrant visa process gets over with.  But I totally understand your point it takes more time for USCIS if they really process K3, but they deny without spending much time on K3 and really focusing on I130. 

 

There is no proof that the K3 speeds up the I-130.  In fact, for the few people's timelines I reviewed who did both (K3 and I-130) it seemed to take a month or two longer than average.

 

For example, let's pick Nebraska service center,  For a K3, the processing time is 5-7 months.  I-130 at NSC is 4-7 months.  The poster I saw last week had their K3 denied after 8 months, and is hoping that meant the I-130 is approved.  He hasn't responded back confirming the latter (I-130 approved).  It took longer to process his I-130 than average, when he filed a K3.

 

What I have observed is that the K3 gets decided when the I-130 gets decided, and it seems to go through the normal I-130 timeline, if not longer.  From the timelines, it seems the K3 is just put into a pile to be adjudicated when the person's I-130 is ready to be reviewed. I would like to be shown a timeline where someone's I-130 was approved faster than the average filers for that month due to a separate K3 filing.  

 

Even if an agent does not spend "much time" on a K3, the agent still spends some time. They will have to spend time to review the petition, spend time to search for the I-130 from the petitioner, spend time to send the NOA1 and then spend time to send the denial letter. 

 

Also, if a person somehow gets the K3 approved, then it basically turns into a K1 scenario, with the exception of the marriage not being needed. That is, the beneficiary enters the US as a non-immigrant and will have to adjust status.  They will have the same downsides as a K1 recipient - not being able to work, not being able to drive (in most states), etc.

[Dil & Malar 91]

 

@SteveInBostonI130 -  Sometime I am hesitant to believe K3 pushes I130 further. but some how some of the posts I followed it happened.  I have seen the fast approvals certainly tagged with K3.  I agree with your point K3 is nothing other than K1 only thing is the marriage is not needed.  But the MAIN purpose of K3 is to bring the spouse sooner not to wait for I130 to be completed..  that is what USCIS claims..   yes it is non-immi visa no work authorization..   that is the main purpose of K3, not sure why USCIS puts K3 on hold until I130 comes in the line..    Anyway see this you referred.. 

 

See the post from joshuaAE at the end (poster from last week).. few postings above in the thread he claims the case moved from NSC to VSC.

 

[SteveInBostonI130 3,328]

1 hour ago, Dil & Malar said:

 

@SteveInBostonI130 -  Sometime I am hesitant to believe K3 pushes I130 further. but some how some of the posts I followed it happened.  I have seen the fast approvals certainly tagged with K3.  I agree with your point K3 is nothing other than K1 only thing is the marriage is not needed.  But the MAIN purpose of K3 is to bring the spouse sooner not to wait for I130 to be completed..  that is what USCIS claims..   yes it is non-immi visa no work authorization..   that is the main purpose of K3, not sure why USCIS puts K3 on hold until I130 comes in the line..    Anyway see this you referred.. 

 

See the post from joshuaAE at the end (poster from last week).. few postings above in the thread he claims the case moved from NSC to VSC.

 

 

Thank you, that is the post I was thinking about.  JoshuaAE posted that his K3 was filed in Oct 2021 and was denied last week.  His I-130 was sent in May, 2021, to NSC.  If the I-130 is now approved (he has not responded yet if his I-130 was actually approved), then it is 8 months from filing date.  NSC normal processing is 4-7 months for I-130.  Therefore, it looks like his I-130 took a month longer than normal.  Perhaps if he did not file the K3 in Oct, his I-130 might have been approved in Nov or Dec.  Perhaps the K3 delayed his I-130 because someone had almost reviewed and approved his I-130 but had to wait to review the K3.   Or maybe his I-130 would have been further delayed and the K3 helped in getting it reviewed 3 months after the K3 filing.  Regardless, his I-130 took 1 month longer than normal.  

 

In that same post Ovid3 mentioned they filed a K3 and got an approval for their I-130 when their K3 was denied.  Per Ovid3's timeline, they submitted the I-130 in Feb 2021 and was approved in Sep 2021 - 7 months, which is the tail end of the 4-7 months processing for NSC.  Again, this does not show any evidence of the K3 speeding up the processing of the I-130.

 

Another reference in there was for Crb1, who said their K3 was denied in April 2020 but their I-130 was approved in May 2020.  They filed the I-130 in June 2019.  I think the average processing time for I-130 was around 9 months back then, but it took Crb1 11 months.  Again, no evidence that the K3 speeded up the I-130.  In this case I think theirs was 2 months longer than average, but this was the start of Covid and maybe the 2 extra months was due to USCIS shutting down the service centers and working remotely.  I do have to mention, I submitted our I-130 in Feb 2020 and was approved in May 2020 - 3 months.  For us, the remote working due to Covid seemed to speed up our approval.  We did not submit a K3.

 

Only etrangais seems to have gotten their I-130 approved in record time - 3 months.  But, curiously, they stated their service center is Texas, which shows 4-7 months for K3.  Their case was approved faster than normal for even K3, which seems the K3 had no real impact.  But it could be argued that it may have helped.  Or just blind luck, like with me when our I-130 was approved in 3 months, in TSC (everyone else in my tracking group took 6 months or more).

[Dil & Malar 91]

@SteveInBostonI130  - I greatly appreciate your analysis..  good discussion..  we are certainly curios people trying to get to the bottom of it.. 😃Both JoshuaAE and Ovid3 started with NSC, but it is moved to TEXAS for both of them.. how does this factor changes your analysis & result.?

Per USCIS, K3 is designed to unite the family sooner than I130, but it is not happening then?   By the way, you are the luckiest, when the world got shutdown for pendemic, your I130 in record time approval.. CONGRATS.   In my case,  I filed my I130 on Nov 10th and immediately "actively reviewing",   I submitted K3, went to CSC and got WAC#, it is on Dec 1st.  When I was checking in EMMA live agent, she said,  I130 went to CSC on Nov 10th.  It is the day when I filed and that is the day it went actively reviewing.  I heard actively reviewing means nothing significant, I realized when it transfers it happens.  When I look at the CSC processing time, I am SHOCKED. 😭😭 😭😭  😭😭    and it is my second marriage..  GOD BLESS ME AND MY WIFE,