I-129F Wait Times Shorter Than I-130 For USCitizen in USA

[Doug]

Don't believe all you read about I-130 processing being so swift & an I-129F is not needed. Of course you must file the I-130, get a receipt number, then file the I-129F - with a copy of the receipt, & etc.

 

I-130 processing times for a USCitizen living in the USA is 13 months. This has continually gone up every time they update. The below is a new update, finally.

 

Processing Times

I-130, US Citizen for Spouse, at National Benefits Center.

USCIS National Goal - 5.0 Month(s)

USCIS National Average - 13.0 Month(s)

National Benefits Center - 12.0 Month(s)

Effective as of: September 30, 2013

California office is 7.7 months, so it says.

Vermont is 11.4

But note the national average!!! 13 mo.

 

 

 

I-129F

Processing Times

1). I-129F, K3/K4, Texas Service Center

USCIS National Goal - 5.0 Month(s)

USCIS National Average - 5.0 Month(s)

Texas Service Center - 5.0 Month(s)

Effective as of: September 30, 2013

California Service Center is also at 5 months.

 

K1/K2 is the same, 5 months.

[Doug]

Just for giggles, if you happen to be a Non-Citizen, getting your spouse here is quicker on an I-130. As of a few days ago this showed 5 months.

 

Processing Times

I-130, Permanent Resident for Spouse & etc, National Benefits Center

USCIS National Goal - 5.0 Month(s)

USCIS National Average - 9.4 Month(s)

National Benefits Center - 12.0 Month(s)

Effective as of: September 30, 2013

Edited November 20, 2013 by Doug (see edit history)

[Doug]

A month ago, the NBC was working on cases dated October 1, 2012 for I-130. Geez one day improvement in a month...

 

http://i42.tinypic.com/b8jrb.jpg

 

 

I-129F at Texas, still 5 months and holding.

http://i42.tinypic.com/2pttfeg.jpg

Edited November 20, 2013 by Doug (see edit history)

[dnoblett]

Note, the I-129F processing times are for K-1 fiancee, not a K-3 spouse.

 

Standard procedure at USCIS is to tie the two petitions together and is the majority of cases approve them together and send together to NVC where the I-129F gets administratively closed.

 

It has been a couple years since I have seen any K-3 cases because of the NVC closing them before they go to the consulate.

[Randy W]

The laws providing for the K-3 are still on the books, though, and there may be reasons why someone would want one. Possibly having to do with an over 18 K-4, or a third country marriage. Do any of our VJ co-members know of ANY K-3's in recent years? I have no clue as to how you would get it past NVC, if so.

 

When I was talking with our lawyer about our K-2, though, she showed me a memo from the State Dept. to the overseas consulates, stating that the over 18 K-4's should generally be denied, since they are unable to adjust status once in the U.S.. This was back in 2007.

[Randy W]

But yeah - those processing times of "5 months" for the I-129F, K3/K4, may simply indicate that NONE are being processed. So, of course, they're MEETING their goals.

Edited November 21, 2013 by Randy W (see edit history)

[dnoblett]

Correct, an over 18 K-4 probably would be denied if marriage that made the step child relationship happened after turning 18. The K-4 still needs an I-130 filed to adjust status from, and the step parent would not be able to provide the I-130.

[Guest ExChinaExpat]

Hopefully this is good news. I am now preparing an I-129F, so if it takes only 5-months or so then her daughter will be able to come before she turns 21 in October 2014. China is reporting that Gary Locke had a lot to do with shortening the visa wait time. He's not a China lover, so surely did it to allow Chinese people to leave quicker was a political move to further infuriate the CCP.

[Doug]

Note, the I-129F processing times are for K-1 fiancee, not a K-3 spouse.

 

Standard procedure at USCIS is to tie the two petitions together and is the majority of cases approve them together and send together to NVC where the I-129F gets administratively closed.

 

It has been a couple years since I have seen any K-3 cases because of the NVC closing them before they go to the consulate.

I did a lot of reading on Govt websites. It still says a K3/K4 can possibly beat out the CR1/2. You know I based a lot of what I chose to do on forums. Went to the source after seeing what they let me see Oct 31 on the new website. Guess I will get my answer in a day or two.

[Randy W]

Doug, you ARE making a good point - we should leave possibilities open that ARE open, regardless of what we THINK we know the outcome will be

 

The images are from https://egov.uscis.gov/cris/processTimesDisplayInit.do

[Randy W]

In a case like yours, there are points along the way where the I-130 case might get held up because of her connections to the government. The K-3 MIGHT just pull through, but it would still have to get past the NVC before being closed out.

 

Are you filing an I-129F? If so, let us know as they go along.

 

Thanks

[Randy W]

I'm seeing some I-129F for K-3 processing times on VJ for THIS YEAR - we'd be doing a disservice by telling people (or implying that) they're NOT AVAILABLE.

 

http://www.visajourney.com/content/k3historical

 

This chart says a lot - over 400 days processing at CSC, closer to 200 to 300 days at the other service centers. This is the time from NOA1 to NOA2 for I-130's

 

http://www.visajourney.com/timeline/images/130comparison.gif

 

The K-3 processing times are in the 60 to 200 day range.

 

. . . and the overall time from I-130 NOA1 to K-3 interview time - around 300 days

 

http://www.visajourney.com/timeline/images/k3history.gif

[Randy W]

On the other hand, the more detailed statistics page - http://www.visajourney.com/timeline/stats.php - shows that only 12 K-3 visas were issued in 2013, with none of those in China. On the THIRD hand, that may be because people are under the impression that they're not being issued, and, therefore, are not applying for them.

 

It's not clear if the numbers are VJ-only, or include information from other sources.

[Randy W]

This is an interesting note I found at the USCIS K-3/K-4 information page

K-3/K-4 Nonimmigrant Visas
http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

The Limitations of the K-3/K-4 Nonimmigrant Visa

When the K-3’s I-130 reaches the Department of State, an immigrant visa is immediately available to him or her such that the he or she and his or her children are no longer eligible for K-3/K-4 nonimmigrant status, but rather must immigrate as lawful permanent residents. If the K-4 does not have an approved I-130 at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.

Basically, that the K-3/K-4 are NO LONGER AVAILABLE once the "K-3’s I-130 reaches the Department of State". It's not clear that that is based on an actual law, or if it's simply another USCIS policy that is ripe for a lawsuit, like the over-21 K-2 policy was, but that's what you're up against with the I-130/I-129F horse race these days.

It looks to me from the charts on VJ that an I-129F (K-3) could very well make it to Guangzhou BEFORE the I-130 (CR-1/IR-1) is passed to NVC, making a K-3 possible - as some other countries have seen happen this year. The only remaining issue is the cost - a K-3 would still have to file for AOS once in the states - but that's a judgement call that we don't need to be making for the applicants. The I-130 would be at a disadvantage because another trip or two would be called for because of the longer wait times.

[dnoblett]

This is an interesting note I found at the USCIS K-3/K-4 information page

K-3/K-4 Nonimmigrant Visas

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

 

The Limitations of the K-3/K-4 Nonimmigrant Visa

 

When the K-3’s I-130 reaches the Department of State, an immigrant visa is immediately available to him or her such that the he or she and his or her children are no longer eligible for K-3/K-4 nonimmigrant status, but rather must immigrate as lawful permanent residents. If the K-4 does not have an approved I-130 at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.

Basically, that the K-3/K-4 are NO LONGER AVAILABLE once the "K-3’s I-130 reaches the Department of State". It's not clear that that is based on an actual law, or if it's simply another USCIS policy that is ripe for a lawsuit, like the over-21 K-2 policy was, but that's what you're up against with the I-130/I-129F horse race these days.

 

It looks to me from the charts on VJ that an I-129F (K-3) could very well make it to Guangzhou BEFORE the I-130 (CR-1/IR-1) is passed to NVC, making a K-3 possible - as some other countries have seen happen this year. The only remaining issue is the cost - a K-3 would still have to file for AOS once in the states - but that's a judgement call that we don't need to be making for the applicants. The I-130 would be at a disadvantage because another trip or two would be called for because of the longer wait times.

This is why in cases, of a K-4, the petitioner should file an additional I-130 for each step-child at the same time they file the I-130 for spouse, they would need to anyway when the K-4 adjusts status.