Sending k3 while i130 pending, please help with questions [merged threads]

[scaredCat 0]

Hello, can someone please tell me if I'm missing anything here?

 

I filed I130 online for my foreign spose who will go though consular process. I130 is currently pending.

To submit K3 successfully:

1 - I filled I129F form and printed

2 - Added ALL the evidence I already submitted with I130 as print out

3 - Mailed it out the package with I130 receipt notice to USCIS lockbox.

 

Is this all I needed? Thank you in advance if anyone can reply.

[Micam 32]

Seems like you have followed these steps: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#4  

Quote

• You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
• You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.
• After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

 

but need to make sure you include everything from the checklist here: https://www.uscis.gov/i-129f

 

Quote

Did you provide the following?

• Evidence of your U.S. citizenship:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
  • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service; 
  • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
  • A copy of your unexpired U.S. passport; or 
  • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport;
• Evidence you or your fiancé legally terminated any previous marriages (if applicable):
  • Final Divorce decree;
  • Annulment order; or
  • Death certificate for their prior spouse;
• One color passport-style photograph of yourself and one for your fiancé taken within 30 days of you filing this petition; 
• Evidence of legal name change (if applicable); and
• Evidence to support an International Marriage Broker Regulation Act waiver (if applicable).

....

 

If you are petitioning to classify your spouse as a K-3 nonimmigrant, did you provide the following?

• A copy of the Form I-797C, Notice of Action, showing you have filed Form I-130, Petition for Alien Relative, on behalf of your spouse; and 
• A marriage certificate.

 

I don't think you need to include EVERYTHING you sent with the I-130 but do make sure that it has included everything above. The link above also shows you which lockbox to send all of this to.

 

 

[scaredCat 0]

15 hours ago, Micam said:

Seems like you have followed these steps: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#4  

 

but need to make sure you include everything from the checklist here: https://www.uscis.gov/i-129f

 

 

I don't think you need to include EVERYTHING you sent with the I-130 but do make sure that it has included everything above. The link above also shows you which lockbox to send all of this to.

 

 

thank you for reply. I just want to make sure there is no downside and risk of sending k3 while i130 is pending for my spouse who lives abroad. do you have any thoughts on this?

[scaredCat 0]

Hello everybody, if someone can confirm me here before sending my k3 application for my wife, i will greatly appreciate it. I'm anxious about the process

I just have 3 questions about this.

 

I filed I130 online for my spouse who lives abroad. Our I130 is currently pending. I want to submit K3(I129F).

 

1 - There is no risk/problem with sending I129F while I130 is pending,

2 - I live in the US(Texas) and I will mail it to lockbox but I will live in canada for a while for work starting next month, is this a problem? Is this application something I can track while I'm in canada? I will be outside of the US for 3 months.

3 - I will fill/attach I-129F with all the SAME evidence we submitted for I130. Is this okay?

 

Thank you.

Edited November 9, 2023 by scaredCat

[TBoneTX 43,081]

There's no obvious downside.  Your action may result in USCIS's pulling your I-130 to match it with the new I-129F and perhaps approving the I-130, because it's been pulled.  The I-129F will be closed, and the CR-1 visa path would be next.

 

Some I-130 petitioners long in the queue might resent your action in that it's "jumping ahead," but there isn't a formal downside.

[scaredCat 0]

25 minutes ago, TBoneTX said:

There's no obvious downside.  Your action may result in USCIS's pulling your I-130 to match it with the new I-129F and perhaps approving the I-130, because it's been pulled.  The I-129F will be closed, and the CR-1 visa path would be next.

 

Some I-130 petitioners long in the queue might resent your action in that it's "jumping ahead," but there isn't a formal downside.

thank you for reply. is it ok if i send the SAME package that I Uploaded for I130? So my K3 will look like:

1 - I130 Reciept,

2 - Form I129F

3 - Same evidence/files we uploaded for I130

 

 

[pushbrk 12,124]

1 hour ago, scaredCat said:

Hello everybody, if someone can confirm me here before sending my k3 application for my wife, i will greatly appreciate it. I'm anxious about the process

I just have 3 questions about this.

 

I filed I130 online for my spouse who lives abroad. Our I130 is currently pending. I want to submit K3(I129F).

 

1 - There is no risk/problem with sending I129F while I130 is pending,

2 - I live in the US(Texas) and I will mail it to lockbox but I will live in canada for a while for work starting next month, is this a problem? Is this application something I can track while I'm in canada? I will be outside of the US for 3 months.

3 - I will fill/attach I-129F with all the SAME evidence we submitted for I130. Is this okay?

 

Thank you.

Your plan is fine.  No problems. It might speed up your I-130 and it might not, but no harm in trying.

 

[Chancy 6,233]

*** Merged related threads.  Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

[scaredCat 0]

Hello dear friends, I'm filing Form I-129F (K3) application for my spouse.

I cannot enter address because of alphabet letters, and some boxes don't have enough titles.

 

Is it ok if I computer type as much as i can, print the form, then hand write missing sections?

 

I heard that There is barcode that is printed after a PDF is filled out, and USCIS scans this code to autofill the application in their system. Either do it all typed, or do it all handwritten.So we shouldn't do both (computer type, print and hand type)

 

Can someone please help me make no mistake? Is it okay to computer type most of the form, then hand write missing information?

[OldUser 4,859]

I wouldn't risk it. Either all in hand writing or all typed.

[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to K3 Process & Procedures, as the topic is about filling out the I-129F form for spouse ***

 

[pushbrk 12,124]

6 hours ago, OldUser said:

I wouldn't risk it. Either all in hand writing or all typed.

 

6 hours ago, scaredCat said:

Hello dear friends, I'm filing Form I-129F (K3) application for my spouse.

I cannot enter address because of alphabet letters, and some boxes don't have enough titles.

 

Is it ok if I computer type as much as i can, print the form, then hand write missing sections?

 

I heard that There is barcode that is printed after a PDF is filled out, and USCIS scans this code to autofill the application in their system. Either do it all typed, or do it all handwritten.So we shouldn't do both (computer type, print and hand type)

 

Can someone please help me make no mistake? Is it okay to computer type most of the form, then hand write missing information?

 

It is perfectly fine to mix typed and hand written answers.  No risk at all.  Be aware though that the K3 visa is virtually obsolete.  Did you already file the I-130?

 

[OldUser 4,859]

12 minutes ago, pushbrk said:

Be aware though that the K3 visa is virtually obsolete.  Did you already file the I-130?

 

Good point

[TBoneTX 43,081]

Threads on the same topic are merged again.  Please post further questions in this thread only.

[scaredCat 0]

23 hours ago, pushbrk said:

 

 

It is perfectly fine to mix typed and hand written answers.  No risk at all.  Be aware though that the K3 visa is virtually obsolete.  Did you already file the I-130?

 

Thank you, I did computer fill 90% of it and handwrite some sections(like address, phone number)

yes I filed I130 online, it is pending.

Last questions if you don't mind:

Lets say(i know it is low chance) k3 is approved and spouse arrived US with K3 while I130 is pending, what happens? I130 is cancelled? or does spouse need to go back to country to complete consular process? or do we apply for adjustment of status while she is in the us?

On 11/9/2023 at 12:41 AM, TBoneTX said:

There's no obvious downside.  Your action may result in USCIS's pulling your I-130 to match it with the new I-129F and perhaps approving the I-130, because it's been pulled.  The I-129F will be closed, and the CR-1 visa path would be next.

 

Some I-130 petitioners long in the queue might resent your action in that it's "jumping ahead," but there isn't a formal downside.

Thank you,

Last questions if you don't mind:

Lets say(i know it is low chance) k3 is approved and spouse arrived US with K3 while I130 is pending, what happens? I130 is cancelled? or does spouse need to go back to country to complete consular process? or do we apply for adjustment of status while she is in the us?