I-130/I-129F question

[benc]

if i sent in a I-130 and a I-129F ( Cr1/K3 ), will i get 2 case # from NVC for each application?

[david_dawei]

I'm fairly certain yes since they are two separate, independent cases which are 'merged' later if both arrive at the consulate prior to the interview; but I'm sure someone will have a definitive answer.

 

My personal opinion; You don't want to go through Hong Kong... so probably should not of filed the I-129F/K3...

 

We used to highly recommend HK but their favorable practice appears to have changed to denying and pushing K3s to pursue the CR1 at GUZ. Also, seeing that your a prior K1 denial, I would bet alot of money on this...

 

but it's just my opinion. you may have other information which you feel makes the option worth attempting. I would just consider how her confidence will be by the time she gets to a CR1 interview if denied in HK.

[dnoblett]

What David said.

 

Also considering that USCIS has been in the habit of approving both I-130 AND I-129F on the same date and sending to NVC, if you use the electronic processing available for CR-1/IR-1 cases, you WILL get the CR-1 case processed and through to an interview before K-3 would come up for an interview.

[splinterman]

What David said.

 

Also considering that USCIS has been in the habit of approving both I-130 AND I-129F on the same date and sending to NVC, if you use the electronic processing available for CR-1/IR-1 cases, you WILL get the CR-1 case processed and through to an interview before K-3 would come up for an interview.

 

 

There's some new information posted about K-3's and their headaches for the consulate on Attorney Roth's blog

 

http://www.arctec.com/blog/

 

Might be worth reading if anyone is considering a K-3...

Edited September 30, 2009 by splinterman (see edit history)

[dnoblett]

I will post my stock K-3 vs CR-1 post.

 

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[benc]

noted

 

but since my wife have a SS# when she was here before she got a divorce and went back to her home country. so that SS# is still valid.

and when she make it back... i'm not in a rush to push her back into the work force.

 

i know the cost difference between the 2. money doesn't matter.. i only care about when can she come back home.

 

I will post my stock K-3 vs CR-1 post.

 

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[benc]

David, i read why some people get denied when they go to interview in hong kong. one reason is that they have no ties there., but i do since i have relative there.

 

also.. i receive my K3 # already.. but have not receive the one for the I-130. Should i call NVC to get the #? so i can start the electronic processing? or should i wait for the snail mail?

 

I'm fairly certain yes since they are two separate, independent cases which are 'merged' later if both arrive at the consulate prior to the interview; but I'm sure someone will have a definitive answer.

 

My personal opinion; You don't want to go through Hong Kong... so probably should not of filed the I-129F/K3...

 

We used to highly recommend HK but their favorable practice appears to have changed to denying and pushing K3s to pursue the CR1 at GUZ. Also, seeing that your a prior K1 denial, I would bet alot of money on this...

 

but it's just my opinion. you may have other information which you feel makes the option worth attempting. I would just consider how her confidence will be by the time she gets to a CR1 interview if denied in HK.

[dnoblett]

noted

 

but since my wife have a SS# when she was here before she got a divorce and went back to her home country. so that SS# is still valid.

and when she make it back... i'm not in a rush to push her back into the work force.

 

i know the cost difference between the 2. money doesn't matter.. i only care about when can she come back home.

Again the K-3 was developed at a time when USCIS was taking a very long time to process I-130 petitions for immigrant visa, the intent of the K-3 was to allow the prospective immigrant the ability to enter the USA and wait for I-130 approval, and then either adjust status or proceed with the normal immigrant visa process and return to home country to interview for their immigrant visa.

 

Since USCIS has approved the I-130 already and since Guangzhou has started a fast track program with NVC doing electronic document processing with NVC, in is most likely that if you do the electronic processing you can get interviewed long before K-3 case clears customs in China.

 

What's New?

 

NVC Electronic Processing Program

 

Immigration processing goes electronic! Shorten your immigrant visa processing time dramatically. The immigrant visa petition Electronic Processing Program can assist in shortening your visa petition wait time.

http://guangzhou.usembassy-china.org.cn/nv...etitions.html#5

 

MORE: http://candleforlove.com/forums/index.php?showtopic=37703

[david_dawei]

David, i read why some people get denied when they go to interview in hong kong. one reason is that they have no ties there., but i do since i have relative there.

 

also.. i receive my K3 # already.. but have not receive the one for the I-130. Should i call NVC to get the #? so i can start the electronic processing? or should i wait for the snail mail?

I now see... you have dual citizenship (with HK)... I should of read your history first, seeing you had a past denial... so that makes more sense than most going through HK. I'll only add this: I see a trend rarely spoken here, which is that people with chinese backgrounds are more often denied...

 

The 3 name thing is a valid find by the consulate; I don't think they would push it as 'falsifying a document' (saying no aka in the petition when there were), but I hope your second petitions explain that in a cover letter. Also, your interview questions were atypical... and I don't think it's just because her past marriages; I see it as part of the larger issue I mention above.

 

For these reasons, I still think HK may tell you to just process through GUZ (with a blue slip)... but, you should just follow the advice of your lawyer and not some theorist on CFL

 

but look forward to seeing what happens... good luck.

 

 

Since USCIS has approved the I-130 already and since Guangzhou has started a fast track program with NVC doing electronic document processing with NVC, in is most likely that if you do the electronic processing you can get interviewed long before K-3 case clears customs in China.

That may be true for people doing K3 through GUZ, but I do not know the track record comparison for those trying K3 through HK. HK has traditional been faster because the P3/P4 period is extremely fast, but I'm not sure if the CR1 has caught up with that pace or not.

[benc]

Is this for real? so you are telling me that i'm being discriminated because I have a chinese background?

 

I'll only add this: I see a trend rarely spoken here, which is that people with chinese backgrounds are more often denied...

[david_dawei]

Is this for real? so you are telling me that i'm being discriminated because I have a chinese background?

 

I'll only add this: I see a trend rarely spoken here, which is that people with chinese backgrounds are more often denied...

I didn't say that... there are patterns over the years and some tend to stick out and not have much explanation behind them... everyone must know their own case which extends beyond just the couple... backgrounds to both sides matter.

 

Maybe it's just that those with a chinese background are not looking at the backgrounds as much as they should since it's obviously a different background than native USCs. If you want to discuss it, we can offline.