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trudger24

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david_dawei

david_dawei

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I just mailed in I 130 for K-3 on Nov 12th so now I hurry up and wait.

Trudger24 :toot:

also how do I enter my time line, thanks

welcome and take a deep, deep breath.. I can tell your excited.. :toot:

 

because the I-130 is not for a K-3 :happybday:

 

Get comfortable and get acclimated to the process and learn as much as you can.

 

Your I-130 will produce a receipt saying they got it (a form I-797, or since it is the first one, usually we refer to it as NOA1 or P1);

 

The approval take a few months (yes, another I-797, but we tend to call it a NOA2 or P2).

 

The trick is, during those months, USCIS half expects people to file a I-129F for the K3 (once they get the I-130 P1)... and if you do file a I-129F, you will stop the I-130 from going on.

 

What happens is, they will see a I-129F and then approve both of the petitions at the same time/date... and only the I-129F will continue on; if you still want the I-130 to continue, you have to file another form and pay more money... but so far it seems this is nothing but a waste of money since it takes too long for the I-130 to get moving again to make it worth pursuing.

 

So, you should take a hard look at which visa you really want; You must file the I-130 (which is for a CR1), and you have done that.. this will process and go forward if you don't file a I-129F/K3... Ergo, if you want the CR1, don't file the I-129F.

 

If you really want the K3 instead (I don't recommend it since you then have to adjust status in the US and there are other headaches that the CR1 avoids), then you can file the I-129F after you get the I-130 P1.

 

One alternative is to let the I-130 get approved BEFORE you file the I-129F; this way, the I-130 moves on and you file the I-129F after it is moving on.. thus, you don't pay that extra form and fee. The trade-off is your waiting to file your I-129F longer. In this case, it is presumed you would like to pursue the I-130 but want to use the I-129F as a 'safety net' in case something happens to the I-130...

 

That's the end of today's lesson... :)

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trudger24

trudger24

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I just mailed in I 130 for K-3 on Nov 12th so now I hurry up and wait.

Trudger24 :)

also how do I enter my time line, thanks

welcome and take a deep, deep breath.. I can tell your excited.. :(

 

because the I-130 is not for a K-3 :lol:

 

Get comfortable and get acclimated to the process and learn as much as you can.

 

Your I-130 will produce a receipt saying they got it (a form I-797, or since it is the first one, usually we refer to it as NOA1 or P1);

 

The approval take a few months (yes, another I-797, but we tend to call it a NOA2 or P2).

 

The trick is, during those months, USCIS half expects people to file a I-129F for the K3 (once they get the I-130 P1)... and if you do file a I-129F, you will stop the I-130 from going on.

 

What happens is, they will see a I-129F and then approve both of the petitions at the same time/date... and only the I-129F will continue on; if you still want the I-130 to continue, you have to file another form and pay more money... but so far it seems this is nothing but a waste of money since it takes too long for the I-130 to get moving again to make it worth pursuing.

 

So, you should take a hard look at which visa you really want; You must file the I-130 (which is for a CR1), and you have done that.. this will process and go forward if you don't file a I-129F/K3... Ergo, if you want the CR1, don't file the I-129F.

 

If you really want the K3 instead (I don't recommend it since you then have to adjust status in the US and there are other headaches that the CR1 avoids), then you can file the I-129F after you get the I-130 P1.

 

One alternative is to let the I-130 get approved BEFORE you file the I-129F; this way, the I-130 moves on and you file the I-129F after it is moving on.. thus, you don't pay that extra form and fee. The trade-off is your waiting to file your I-129F longer. In this case, it is presumed you would like to pursue the I-130 but want to use the I-129F as a 'safety net' in case something happens to the I-130...

 

That's the end of today's lesson... :(

Thanks David, I knew I-130 was for CR 1 and have the I-129F ready but you gave me a better understanding of what happens. It sounds like the CR-1 is a lot less work in the long run. so to keep the CR-1 going I must wait for it to be approved before sending I-129. from what I have read on this site it seems that CR-1 and K-3 are now taking about same amount of time right. If I wait to file I-129 I lose the time it takes to get to NOA2 for K-3 if have problem with CR-1

trudger24

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credzba

credzba

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Thanks David, I knew I-130 was for CR 1 and have the I-129F ready but you gave me a better understanding of what happens. It sounds like the CR-1 is a lot less work in the long run. so to keep the CR-1 going I must wait for it to be approved before sending I-129. from what I have read on this site it seems that CR-1 and K-3 are now taking about same amount of time right. If I wait to file I-129 I lose the time it takes to get to NOA2 for K-3 if have problem with CR-1

trudger24

 

I ended up going just I-130/CR1 and never filed the I-129.

It seems like I-129 is a waste of money because the total process time is very close between I-130 and I-129.

 

Best of luck to you for a fast and easy processing time.

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david_dawei

david_dawei

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Posted (edited)

I knew I-130 was for CR 1 and have the I-129F ready but you gave me a better understanding of what happens. It sounds like the CR-1 is a lot less work in the long run. so to keep the CR-1 going I must wait for it to be approved before sending I-129. from what I have read on this site it seems that CR-1 and K-3 are now taking about same amount of time right. If I wait to file I-129 I lose the time it takes to get to NOA2 for K-3 if have problem with CR-1

The main different boils down to adjustment of status: The CR1 does consular adjustment (using NVC for the main paperwork part) and the K3 requires a filing in the US all over again and a namecheck. There are a few reasons I tend to not like a K3 right now:

1) I've never much liked it, unless you could do both and allow it as a backup measure.

2) Once they changed the process, I speculated that because most people would file a I-129F and stop the I-130s, then that means fewer I-130s are being processed; ergo, it should be a little faster with less competition.

3) Given the comparison of adjusting via DOS/NVC vs USCIS, there is no comparison that the consular adjustment is easier; but the interview is maybe a little tougher.

4) While many K3s are reporting no interview needed for the adjustment, just as many are reporting a year or more of security checks...

5) A CR1 gets in the US and can immediately work and get a social security card... A K3 cannot.

 

The arguments in the past are, "get her here as fast as possible".. I would just advise not to think like this if possible... look at the entire process all the way to adjusting, and I think the CR1 makes more sense.

 

I came up with the idea to file the I-129F AFTER the I-130 gets approved and is pushed to NVC.. in that way, USCIS cannot hold that petition. If your lucky and on top of it, one can get through NVC in about 2-3 months with shortcuts; Sometimes people take 6 months and then complain the CR1 is slow... one must stay a step ahead during NVC and it will pay off.

 

So, the filing of the I-129F after the I-130 approval is only as a safety net... if the I-130 gets caught in a long security check, then the K3 will pass it; if the K3 gets to the consulate first it will get an interview slot; if the I-130 gets to the consulate even a day before the interview then the CR1 takes over that interview slot...

Edited by DavidZixuan (see edit history)
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tywy_99

tywy_99

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Posted

Let's don't forget the original intent of the K3 visa as it pertains to the LIFE act of 2001.

It's not like picking out what visas you want for dinner from the smorgageboard. The K3 visa is particularly important to LPRs and their families and was the driving force behind the creation of the K3 which closely resembles the K1 visa. The laws only apply differently with USC's and their families.

However, to address the situation, alot has changed concerning which visa is best; the K3 or IR1 but at present, the IR is probably the best route to go, IMO.

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