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

[Doug]

 

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.

 

Yes, of course. But the time for processing is all screwed up now for I-130, especially if your a US Citizen. So, if I can bring her here on the K3 and stepdaughter on K4, that is fine with me. Govt site says I can get her a work permit also. I am out of the big vacation time I used to have, so a visit on K visas is fine if they will do it.

 

I talked with an Immigration Service Officer (ISO) yesterday (THANKS BUCKY BOB FOR THE ADVICE). She was real nice compared to the information folks you normally get who give you a hard time if you want to speak to an ISO. Anyway, stepdaughters I-130 was touched on 11-11-13 but not my wife's. She said they are actually working on 2-12-2013 applications (I-130) in MO. at the NBC. Our I-130s are at the NBC in MO. Made me feel calmer. She added that because of anticipated changes coming in immigration, greencard holders have tied up the system and the phone lines lately, and yes the greencard holder can get their spouse here quicker than a USC, she said, and it makes her mad also. She was Hispanic herself.

 

Now maybe your right and my I-129F will be refused or something. They have only had it a couple of days now. I will report. (This is what I get for purposely waiting to submit and concerned if they pull her greencard if she got here too early, to go back and finish her job, on contract. That's another story.) We will see.

 

OK yesterday morning I posted a screenshot in post #3 that was changed by yesterday afternoon. That is why the ISO was confused about my saying 12-13 months to get from NOA1 to NOA2. Hmm, the Perm Res info is removed. I must not be the only USC complaining.

http://i44.tinypic.com/zx19xf.jpg

 

That is a 4 month improvement, but still 9 months of sitting in a stack to be reviewed for correctness.

 

Hope I-129F is accepted, but perhaps I-130 will catch up with electronic transfer to China. I-129F I believe will go through customs shipping thing like it used to be. regardless things are very behind.

Edited November 21, 2013 by Doug (see edit history)

[tsap seui]

Here's hoping you get some good luck on this Douggie.

 

Wenyan and I went through the 4 year 10 month waiting period and came out just fine from the drudgery. The bastards from the State Department's actions still come to haunt me though as our son is struggling with his SAT testing . He's number 8 in his 12th grade class, on the National Honor Society and carries a 3.9 grade point average, yet, his english skills show up on the 1,200 SAT score he got. If he could have come over when he was age 10 back in 2007 instead of age 15 in 2011 that damned SAT would have been a 2,000. Lil' rabbit and I are more than okay but he is sure paying the price for what the sorry assholes did.

 

tsap seui

[Doug]

Yeah thanks Tsapper. I guess we have 6 months on the I-130, before NOA2, and 5 on I-129F so I-130 will probably pass it along the way. For someone new today, geez 9-13 months just for NOA2, I would def file I-129F.

 

But to your point, the govt, creates problems for a marriage. In trying to protect us, they are a contributing cause to bad things happening which can lead to divorce. We are citizens and should be trusted unless proven otherwise. I think it boils down to fear out of not policing bad immigrants and exporting them back. If we enforced a few things, these early checks not so necessary. Where is a Democrat removing this communist thing anyway? hahahahaha.

[Ryan H]

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.

 

Earlier this year, one member from Canada had a K3 make it all the way to the Consulate (the I-129F became separated from the I-130 and made it to the NVC first); however, once the IV unit in Montreal got wind of an approved I-130 on-station at the NVC (it did eventually catch up), the IV unit at the Consulate closed the K3 and told the person to follow the steps for the CR-1.

[Randy W]

 

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.

 

Earlier this year, one member from Canada had a K3 make it all the way to the Consulate (the I-129F became separated from the I-130 and made it to the NVC first); however, once the IV unit in Montreal got wind of an approved I-130 on-station at the NVC (it did eventually catch up), the IV unit at the Consulate closed the K3 and told the person to follow the steps for the CR-1.

 

 

Where did these statistics, showing 12 K-3's that went all the way to interview (and apparently approval) come from?

 

http://www.visajourney.com/timeline/stats.php

 

Overall Statistics by Visa Type (for the last 360 days)

 

 

Visa Type Total Records Avg. Total Days to Interview

K1 . . . . . . . . . . 2966 . . . . . . . . . . . . . . 268

K3 . . . . . . . . . . . . 12 . . . . . . . . . . . . . . 186

 

Edited November 30, 2013 by Randy W (see edit history)

[Randy W]

The FACTS about K-3's, from the LIFE Act (Legal Immigration Family Equity Act) of 2000 - the law which created them

 

http://www.uscis.gov/sites/default/files/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-70259/0-0-0-72758/0-0-0-77964.html

 

K Visas

What are the Requirements to Obtain Classification as a K3 or K4 Nonimmigrant?

In order to obtain classification under K3 the applicant must demonstrate that his or her marriage to a U.S. citizen is valid, he or she is the beneficiary of an immigrant visa petition (I-130) filed to accord status to the applicant as the spouse of a citizen pursuant to INA 201(b)(2)(A)(i), he or she is the beneficiary of an approved nonimmigrant visa petition (currently form I-129F) in such form as the INS determines is appropriate for the purpose of the issuance of a K3 visa, and that he or she wishes to enter the United States to await the approval of the I-130 petition or the availability of an immigrant visa.

The nonimmigrant visa petition must have been filed in the United States by the U.S. citizen spouse of the applicant. In order to obtain classification under K4 the alien must establish that he or she is the child of an alien entitled to K3 classification.

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa” in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

What Happens if the I-130 has Been Approved but not yet Received at the Processing Post?

Despite the fact that an approved immigrant visa petition may not have been received at post, it may have been forwarded to NVC where many approved immediate relative visa petitions are sent for pre-processing. The Department recognizes that if the petition has actually been approved many alien spouses may prefer to process their immigrant visas rather than the K3 visa. Therefore, when the alien applies for the nonimmigrant K3 visa he or she will be asked by the consular officer whether they wish the consular officer to determine from the NVC whether the approved immigrant visa petition has been received from INS. Subject to the special circumstance noted in the next section, if the applicant wishes, the petition will be forwarded to the processing consular post so the applicant may file an immigrant visa application.

What Happens if an Intending K3 Applicant Opts to have the Immigrant Visa Petition Forwarded Abroad From NVC in Order to Apply for an Immigrant Visa, but the K3 Processing Post is not Authorized to Issue Immigrant Visas?

In that case immigrant visa petition will have to be forwarded to and the applicant will have to file the immigrant visa application at the consular post designated by the Deputy Assistant Secretary of State for Visa Services to process immigrant visa applications for nationals of the country in which the K3 processing post is located.

Must an Applicant for a K3 or K4 Visa Apply at a Particular Consular Post?

Yes. If the marriage of the alien to the U.S. citizen occurred abroad, the LIFE Act requires that the visa be issued in the country in which the marriage took place. In those countries in which there is no consular post, the Department has determined that the alien must apply at the consular post designated by the Deputy Assistant Secretary of State for Visa Services to accept immigrant visa applications from nationals of that country. For spouses married in the United States, since the K3 and K4 visas are a subcategory of the K (fiancé(e)) visa, the rules regarding the place of application applicable to other K visas will apply, i.e., in general, applications must be filed in the country of residence of the alien spouse.

 

 

In a nutshell - the K-3 was intended to allow the beneficiary of an immigrant visa petition (I-130) to "enter the United States to await the approval of the I-130 petition". Once the I-130 petition is approved, and a visa number is available, THEN (and ONLY then) will the K3 no longer be available. BUT - the I-130 must CATCH UP to the K-3, either at the NVC, or at the consulate, at which point, the K-3 will automatically be denied. The applicant may CHOOSE to wait for the I-130 to catch up.

[Ryan H]

 

 

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.

 

Earlier this year, one member from Canada had a K3 make it all the way to the Consulate (the I-129F became separated from the I-130 and made it to the NVC first); however, once the IV unit in Montreal got wind of an approved I-130 on-station at the NVC (it did eventually catch up), the IV unit at the Consulate closed the K3 and told the person to follow the steps for the CR-1.

 

 

Where did these statistics, showing 12 K-3's that went all the way to interview (and apparently approval) come from?

 

http://www.visajourney.com/timeline/stats.php

 

Overall Statistics by Visa Type (for the last 360 days)

 

 

Visa Type Total Records Avg. Total Days to Interview

K1 . . . . . . . . . . 2966 . . . . . . . . . . . . . . 268

K3 . . . . . . . . . . . . 12 . . . . . . . . . . . . . . 186

 

 

 

One of two things

• Improper completion of timeline (most likely)
• Users didn't post their experience

[Doug]

I-129F was sent to NBC in MO. Processing is working on June 5, 2013. 4 month improvement. Not sure that will help, since I-130 has e-file later. Gave the ISO a grilling of questions. He disclaimed all the times posted on government websites. He was just trying to console me, CRAP. Best way so far, talk to a Hispanic woman.

 

Websites still show 5 months for Perm-Resident processing, and aprox 9 months if a US Citizen wants processing. Time to write Ted Cruz. No one will listen to him, but maybe since his father immigrated...

[tsap seui]

Go gettum cowboy. "It ain't nuthin' but a wait, and a wake up." Well, with a coupla papers filed in between.

 

tsap seui

[Doug]

Well I have been pretty pissed off the past few months about this abuse of USCs, but oh well... cooled off now....I can't paste in a scanned newspaper article from the Fort Worth Star Telegram that is a reprint from the NY Times about us US Citizens having to wait extra long for USCIS processing CR1/2, article quotes 14 & 15 months. Yet the last time I looked a permanent resident filling for their spouse takes 5 months or less at the CSC. Anyway, when I figure out how to paste something I will as proof. Article mentions an official stating it WAS due to signing up the illegal kids in the US. So moving around resources. Oh well, I am cooled off now to even come here to post.

 

Looking at the processing dates I feel it was a correct move to file the I-129F even if they cancel it at the NVC. The reason is the 5 months or less processing times for an I-129F. Since they put the I-129F files with the other I-130s then they have a date to meet for the I-129F. I did not think of this until I woke up 3 months after filing the I-130s. That makes 7 months for the I-130 and 4 months for the I-129F for me. It came a month early in fact. I am somewhat pleased.

 

I recommend anyone filing an I-130, file an I-129F as soon as you have a receipt number. It cost nothing, but it puts you on a path of USCIS processing in 5 months or less. Otherwise you have a long wait. I would like to see someone file I-129F ASAP after the I-130 just to verify.

 

As an update:

February 12, 2014 all 3 of my cases were moved from the NBC to the Texas Service Center in Mesquite, 2 I-130s & one I-129F.

March 17 notice was sent to me for all 3 cases being approved an will be sent to NVC.

March 20 got an SMS and email that my wife's I-130 was sent to the NVC in New Hampshire.

 

I can't file for efiling on the I-130 because I have no NVC number yet, which I guess will start with GUZ.

 

NVC may cancel the I-129F, but I wish they would not as the approval is valid only until July. Not sure what the July date really means, but it sure sounds good. Of course it will go by mail through customs if they don't drop it. It did get my wife assigned an "A" number with I-129F, so we will see if that number sticks with the I-130.

 

Bottom line, if going for a CR-1, CR-2, file the I-129F ASAP after getting your I-130 in, IF YOUR A US Citizen!!!

Edited March 21, 2014 by Doug (see edit history)

[Randy W]

. . .

 

I recommend anyone filing an I-130, file an I-129F as soon as you have a receipt number. It cost nothing, but it puts you on a path of USCIS processing in 5 months or less. Otherwise you have a long wait. I would like to see someone file I-129F ASAP after the I-130 just to verify.

 

As an update:

February 12, 2014 all 3 of my cases were moved from the NBC to the Texas Service Center in Mesquite, 2 I-130s & one I-129F.

March 17 notice was sent to me for all 3 cases being approved an will be sent to NVC.

March 20 got an SMS and email that my wife's I-130 was sent to the NVC in New Hampshire.

 

I can't file for efiling on the I-130 because I have no NVC number yet, which I guess will start with GUZ.

 

NVC may cancel the I-129F, but I wish they would not as the approval is valid only until July. Not sure what the July date really means, but it sure sounds good. Of course it will go by mail through customs if they don't drop it. It did get my wife assigned an "A" number with I-129F, so we will see if that number sticks with the I-130.

 

Bottom line, if going for a CR-1, CR-2, file the I-129F ASAP after getting your I-130 in, IF YOUR A US Citizen!!!

 

By law (the INA), the I-129F is valid ONLY until the I-130 is approved - that is, the K-3 is no longer an option. In practice, however, the I-129F won't be closed out until it catches up to the I-130 and someone actually closes it out, whether at the NVC, or at the consulate. Sounds like that's about to happen in your case. But I agree - we've been too quick to TELL people to actually NOT file the I-129F, when it's FREE and it may just (possibly) work to their advantage.

 

Yes, the "A" number should stick. But the July validity date is meaningless (as it is for the K-1), since the consulate can simply extend the date as needed.

[Doug]

Click on image to make larger.

http://i60.tinypic.com/2v1upf5.jpg

 

http://i59.tinypic.com/28sngxf.jpg [http://i59.tinypic.com/vy6vck.jpghttp://i57.tinypic.com/2hej23k.jpghttp://i58.tinypic.com/34j2el2.jpghhttp://i58.tinypic.com/6z944m.jpg

 

Of course I was the biggest idiot in my own situation. If this is really cleared up by summer, then OK. Just emphasizing that you file both for now.

Edited March 23, 2014 by Doug (see edit history)

[dnoblett]

Andrew from Australia should have filed the I-130 at the consulate in Australia before heading to the USA for work. I believe they offer DCF there.

[Ryan H]

Andrew from Australia should have filed the I-130 at the consulate in Australia before heading to the USA for work. I believe they offer DCF there.

 

There is no USCIS field office in Australia so DCF wasn't an option.

[Doug]

It's been over 30 days and no correspondence from the NVC. No NVC number. No responses from the 6 emails I have sent. Their phone number never works. Nothing on their website helps unless you have an NVC number. Feel like I'm in a hole again. Will try again early morning and see if their phone works. If nothing then I guess back to USCIS and get someone to track it.

 

Think I'll go mow the lawn and drink a DP.