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Micam

Confused about the K3 after filing I-130

By Micam in K-3 Spouse Visa Process & Procedures

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Micam Contributor

Micam   32

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

So my partner and I have just filed the I-130. We are currently looking into the K3 but I am a little confused by the I-129F and have some questions. It would be great if anyone could help or point me in the right direction of simple instructions (since all I can find is regarding the K1 visa).

 

1. We filed the I-130 online - are we able to do the same with the I-129F for the K3? Would it be a near identical process (ie I would re-submit all the paperwork) or would it just link up with the I-130 automatically?

2. How do we avoid paying twice? I can see it costs similar to the I-130, however I am under the impression that if we are doing this for the K3 it is free since we already paid for the I-130? 

3. When is the best time to file? I believe we have the NOA1 (the first receipt notice.. I think this is correct?), are we good to go? Is it better to wait a little while before doing this?

4. I have read that it needs you to provide criminal information, but it only looks like convictions..ie  am I right in thinking this is not the same as the police checks required for later down the line on the I-130?

 

I greatly appreciate any help! This seems somehow more confusing than filing for the I-130!

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

There is no online filing for i129f. Read the instructions and provide evidences as required for the spouse as K3. Evidences you submitted for i130 won't be linked to i129f. It will need its own evidences including i130 receipt notice. The instruction clearly says filing fee is not required for K3 petition.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Crazy Cat Grand Master

Crazy Cat   41,975

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 hour ago, Micam said:

So my partner and I have just filed the I-130. We are currently looking into the K3 but I am a little confused by the I-129F and have some questions. It would be great if anyone could help or point me in the right direction of simple instructions (since all I can find is regarding the K1 visa).

 

1. We filed the I-130 online - are we able to do the same with the I-129F for the K3? Would it be a near identical process (ie I would re-submit all the paperwork) or would it just link up with the I-130 automatically?

2. How do we avoid paying twice? I can see it costs similar to the I-130, however I am under the impression that if we are doing this for the K3 it is free since we already paid for the I-130? 

3. When is the best time to file? I believe we have the NOA1 (the first receipt notice.. I think this is correct?), are we good to go? Is it better to wait a little while before doing this?

4. I have read that it needs you to provide criminal information, but it only looks like convictions..ie  am I right in thinking this is not the same as the police checks required for later down the line on the I-130?

 

I greatly appreciate any help! This seems somehow more confusing than filing for the I-130!

K-3 visas are virtually non-existent. Only 5 were issued in 2019.  Even fewer have been issued since then.  The I-129F will be administratively closed and processed as a CR-1/IR-1.   You might want to read the guides here on VJ for helpful information.   Good luck, and welcome to VJ.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

SteveInBostonI130 Experienced

SteveInBostonI130   3,467

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted (edited)

Also, could you please fill out your timeline?  I am following people who attempt K3 to see if it makes a difference on their CR1/IR1 process.

 

EDIT:  Just the CR1/IR1 timeline would be fine.  It gets complicated when adding other timelines like the K3.

Edited by SteveInBostonI130
Mike E Grand Master

Mike E   11,740

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted (edited)
1 hour ago, Micam said:

So my partner and I have just filed the I-130. We are currently looking into the K3 but I am a little confused by the I-129F and have some questions. It would be great if anyone could help or point me in the right direction of simple instructions (since all I can find is regarding the K1 visa).

 

1. We filed the I-130 online - are we able to do the same with the I-129F for the K3? Would it be a near identical process (ie I would re-submit all the paperwork) or would it just link up with the I-130 automatically?

You follow the VJ guides

 

https://www.visajourney.com/guides/k3-spouse-visa/

 

https://www.visajourney.com/guides/k3-spouse-visa-flowchart/

 

 

 

 

Quote

2. How do we avoid paying twice? I can see it costs similar to the I-130, however I am under the impression that if we are doing this for the K3 it is free since we already paid for the I-130?

Filing I-129F is free when you have a pending I-130. 
 

Quote

 


 

 

3. When is the best time to file? I believe we have the NOA1 (the first receipt notice.. I think this is correct?), are we good to go? Is it better to wait a little while before doing this?

Good to go.  

Quote

4. I have read that it needs you to provide criminal information, but it only looks like convictions..ie  am I right in thinking this is not the same as the police checks required for later down the line on the I-130?

Follow the guides. 
 

Note that it is a near certainty that I-129F will be denied because USCIS continues to believe it’s myth that is  I-130 / CR-1 is faster process than I-130 / I-129F / K-3.  Most people who file I-129F do so because they think it will accelerate I-130 approval.
* Some people say it does not.

* Some people say it does but only for certain service centers.

* Some say you shouldn’t do it as it adds to the backload and harms everyone.   
* And some say there is no harm to trying. I am in this camp.  

Edited by Mike E
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
33 minutes ago, nelmagriffin said:

Greetings!

Avoid the hassle and do CR1/IR1 period.

OP is going for CR1/IR1. K3 is just to speed up the CR1/IR1 processing which has allegedly worked for some people.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Micam Contributor

Micam   32

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Thanks all! I really appreciate the advice. Thank you @Mike E for pointing me in the direction of the guides! That is what I was hoping to find. For some reason I couldn't find them. I know there are some comments that mention that the K3 almost doesn't exist, we are going to file the K3 in the hopes it pushes things along - I also believe it doesn't hurt to try. And hey, I may be that one lucky unicorn that actually gets to use it! 

 

 

Boiler Grand Master

Boiler   45,651

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You do want it to push it along, maybe.

 

You do not want it to be issued,.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

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

 

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

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