Opinions on filing parallel K3 as a backup for I-130/CR1?

[mrdonut]

I filed the I-130 for my PRC citizen wife in Beijing, DCF. For others that have DCFed: does anyone have experiences or opinions on filing a K3 in parallel as a backup?

 

The way it was explained to me, the process to follow is:

 

• Petitioner files I-130 for relative in Beijing (or other city)

• As soon as the petitioner gets a receipt notice that the I-130 is pending, the petitioner files a K3, sent to the US. There is no filing fee for this.

• If the I-130 is approved, processing of the K3 stops.

 

The K3 is just insurance in case something happens to the I-130. For example:

 

• They decide they want to investigate the I-130 for a year

• The I-130 is lost for a year

 

Has anyone done this backup approach?

Are there any negatives to doing it (aside from the time to fill out the K3 application and the postage fee)?

 

Thank you.

[Kyle]

A year for DCF? I highly doubt it. Our process took less than 3 months from I130 - Interview. What's going to get lost? If you're filing in China, you don't have the issue to customs of deal with. I think you'd just be wasting your money. Not to mention that one is for intent to immigrant and the other isn't. I fail to see what the positives are for fling for both - especially if you're already able to file directly to the consulate within China. Plus filing within China is cheaper!

Edited March 10, 2011 by Kyle (see edit history)

[dnoblett]

K3 is not an option for TWO reasons.

 

First: In order to file for a K-3 an I-130 needs to be in process at a USCIS center in the USA, the OPTIONAL I-129F for K-3 gets mailed to that Center. DCF involves I-130 being processed by DHS office overseas so K-3 was never an option for direct consulate filing.

 

Second: If you were to file I-130 and I-129F to USCIS in the states, USCIS has changed how they process the K-3 petition, they attach it to the underlying I-130 and approve them at the same time, then send both to NVC where the NVC closes the I-129F(K-3) and proceeds on with the CR-1 or IR-1 spouse visa. NVC has been doing this since Feb 2010.

 

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa. And since DCF involves quick approval of I-130 K-3 was never an option. K-3 was a band-aid for problems at USCIS centers in the USA.

 

Also, it is not logical to have TWO I-130 petitions being processed for the same immigrant one in China, and another in the states, USCIS would look at this as being very suspicious.

 

Also Your logic is flawed, there would be additional fees, I-130 Filed in the USA required for K-3 would also involve a fee.

 

MORE:

 

http://candleforlove...showtopic=40925

Edited March 10, 2011 by dnoblett (see edit history)

[mrdonut]

I think you'd just be wasting your money.

 

 

Supposedly the K3 is filed for free, since the fee for the I-130 was already paid at the time of DCF in Beijing. Not sure, but this is what I heard from an immigration attorney.

[mrdonut]

K3 is not an option for TWO reasons.

...

http://candleforlove...showtopic=40925

 

 

Thank you for sharing the details and the link. This is very helpful, and is certainly different than what I had heard from an immigration attorney in late 2010. Maybe the attorney was not up to date on the latest process.

[Randy W]

K3 is not an option for TWO reasons.

...

http://candleforlove...showtopic=40925

 

 

Thank you for sharing the details and the link. This is very helpful, and is certainly different than what I had heard from an immigration attorney in late 2010. Maybe the attorney was not up to date on the latest process.

 

 

 

K-3 IS an option, at least legislatively. No laws have changed in that regard. Like Dan says, however, they are routinely closed in favor of an underlying I-130 petition WHEN THEY ARE AT the NVC AT THE SAME TIME. An I-130 filed overseas, however, does not go through NVC.

 

It appears that your I-129F would be mailed to the Dallas lockbox, along with a copy of your I-797C receipt from the I-130, filed at the consulate in China. Itis unlikely, however, that this would provide any benefit.

[dnoblett]

K3 is not an option for TWO reasons.

...

http://candleforlove...showtopic=40925

 

 

Thank you for sharing the details and the link. This is very helpful, and is certainly different than what I had heard from an immigration attorney in late 2010. Maybe the attorney was not up to date on the latest process.

 

 

 

K-3 IS an option, at least legislatively. No laws have changed in that regard. Like Dan says, however, they are routinely closed in favor of an underlying I-130 petition WHEN THEY ARE AT the NVC AT THE SAME TIME. An I-130 filed overseas, however, does not go through NVC.

 

It appears that your I-129F would be mailed to the Dallas lockbox, along with a copy of your I-797C receipt from the I-130, filed at the consulate in China. Itis unlikely, however, that this would provide any benefit.

 

Correct doubtful that it will do anything, acording to I-129F instructions Page 5 it says I-129F cannot be adjuducated at a USCIS Office abroad, this is where the pending I-130 would be processed at the USCIS location abroad.

 

http://www.uscis.gov/files/form/i-129finstr.pdf