mukherji933

Which is quicker - from the time of filing and I-130 to visa interview
date - Direct Consular Filing or K3?

This related to India.
DCF will be in Delhi. Interview will be in Mumbai, regardless of DCF or
K3.

TIA

Noorah101

Here is a link to a poster with the same quesiton in April 2005: http://britishexpats.com/forum/showt...ight=DCF+Delhi

DCF is almost always quicker than K-3, and yields a better outcome - an immigrant visa instead of a non-immigrant visa.

Just curious though...can one have an interview in an embassy other than the one they DCF through?

Rene

meauxna

India "DCF" cases area actually I-130s filed with the USCIS office in New Delhi.
The visa application can take place at the Consulate serving the beneficiary's residence.

PS: I vote DCF too, faster and more complete IF you can go to India for 60+ days. The 60 days presence before filing is an absolute requirement.

mukherji933

meauxna wrote:
    > > Here is a link to a poster with the same quesiton in April 2005:
    > > http://britishexpats.com/forum/showt...6&highlight=D-
    > > CF+Delhi
    > >
    > > DCF is almost always quicker than K-3, and yields a better outcome -
    > > an immigrant visa instead of a non-immigrant visa.
    > >
    > > Just curious though...can one have an interview in an embassy other
    > > than the one they DCF through? :confused:
    > >
    > > Rene
    > India "DCF" cases area actually I-130s filed with the USCIS office in
    > New Delhi.
    > The visa application can take place at the Consulate serving the
    > beneficiary's residence.
    > PS: I vote DCF too, faster and more complete IF you can go to India for
    > 60+ days. The 60 days presence before filing is an absolute
    > requirement.
    > --
    > Posted via http://britishexpats.com

To do DCF, one has to wait 60 days. I dont know how long it will take
for the interview AFTER the DCF is done. So, assuming 3 months, it
would take 5 months from the time I would arrive in Delhi to interview
date.
I really don't care about which visa she gets - immigrant or non. I
just want the quicker route.

Does K3 take 5 months or longer? If one takes the 60 days into acount,
I would think the K3 is the shorter route, no?

mukherji933

Rene,

DCF is quicker if you discount the 60 days wait time, no?

What is the timeline for K3 from filing the I-130 to getting interview?
I searched all sorts of forums but cant get any CURRENT info.

The NBC is now processing I-129Fs from december 2, 2005. So, assuming
just about 10 days or so to get the initial I-130 receipt notice, plus
another 20 days to file and receive NOA for the subsequent I-129F, it
seems like 2 months for the I-129F to be processed. Add another 1.5 to
2 months for interview = 3.5 to 4 months for K3 - am I correct?

DCF would be - 60 days + 3 months after filing = 5 months????

Folinskyinla

Hi:

Whichever one works faster is quicker. It is INHERENT in the K-3 process that the I-129F is filed AFTER filing of an I-130. There is nothing preventing you from sending in that I-129F stateside once you file the I-130 at the consulate.

Sometimes belt and braces is better than the most elegent solution.

meauxna

There are factors other than 'time' that make one route a better/not choice.

You can look at I-129f timelines (for K-3) at visajourney.com. I'm not current on them, but I can't imagine it's going to beat an internal case like yours. With Mumbai (or anywhere in India) you have to allow for longer Consulate times. With DCF, your advantage is in getting the petition through much, much more quickly.

MrF: did you have some insomnia last night? That is a very interesting idea, to file I-129f in the US after a locally filed I-130. I wonder if that has ever worked to someone's advantage?

mukherji933

Folinskyinla wrote:
    > > Which is quicker - from the time of filing and I-130 to visa
    > > interview
    > > date - Direct Consular Filing or K3?
    > >
    > > This related to India.
    > > DCF will be in Delhi. Interview will be in Mumbai, regardless
    > > of DCF or
    > > K3.
    > >
    > > TIA
    > Hi:
    > Whichever one works faster is quicker. It is INHERENT in the K-3
    > process that the I-129F is filed AFTER filing of an I-130. There is
    > nothing preventing you from sending in that I-129F stateside once you
    > file the I-130 at the consulate.
    > Sometimes belt and braces is better than the most elegent solution.

Folinskyinla:
I am thinking I will file an I-130 and then an I-129F (K3). After
completing 60 days stay, I will file DCF. If they accept my DCF, will I
have to withdraw BOTH the I-130 and I-129F previously filed ?
Thanks.
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Noorah101

Mukherji,

You might want to double check, but it sounds to me like you can't file the I-130 at the consulate (DCF) until *after* you've been present in India for 60 days.

The way you stated it, sounds like you intend to file the I-130 right away.

Hopefully someone knows about this technicality.

Rene

mukherji933

Noorah101 wrote:
    > > Folinskyinla wrote:
    > > > > Which is quicker - from the time of filing and I-130 to visa
    > > > > interview
    > > > > date - Direct Consular Filing or K3?
    > > > >
    > > > > This related to India.
    > > > > DCF will be in Delhi. Interview will be in Mumbai, regardless
    > > > > of DCF or
    > > > > K3.
    > > > >
    > > > > TIA
    > > > Hi:
    > > > Whichever one works faster is quicker. It is INHERENT in the K-3
    > > > process that the I-129F is filed AFTER filing of an I-130. There is
    > > > nothing preventing you from sending in that I-129F stateside once
    > > > you
    > > > file the I-130 at the consulate.
    > > > Sometimes belt and braces is better than the most elegent solution.
    > >
    > > Folinskyinla:
    > > I am thinking I will file an I-130 and then an I-129F (K3). After
    > > completing 60 days stay, I will file DCF. If they accept my DCF, will
    > > I
    > > have to withdraw BOTH the I-130 and I-129F previously filed ?
    > > Thanks.
    > > > --
    > > > Certified Specialist
    > > > Immigration & Nat. Law
    > > > Cal. Bar Board of Legal Specialization
    > > > Posted via http://britishexpats.com
    > Mukherji,
    > You might want to double check, but it sounds to me like you can't file
    > the I-130 at the consulate (DCF) until *after* you've been present in
    > India for 60 days.
    > The way you stated it, sounds like you intend to file the I-130
    > right away.
    > Hopefully someone knows about this technicality.
    > Rene
    > --
    > Posted via http://britishexpats.com

Rene,

What I intend to do is this:
File an I-130 after we get married and then follow-it up with an
I-129F, making it a K3 case.
Then 60 days later, try to do a DCF - if they accept it, I will
withdraw the original I-130 and I-129F.
Reason I want to file K3 is because there is no guarantee of them
accepting DCF.
Suppose I don't file K3 first, and then they end up not accepting DCF
after 60 days, then I would have wasted 60 days - is that making sense
?

Thanks.

mukherji933

Noorah101 wrote:
    > > Folinskyinla wrote:
    > > > > Which is quicker - from the time of filing and I-130 to visa
    > > > > interview
    > > > > date - Direct Consular Filing or K3?
    > > > >
    > > > > This related to India.
    > > > > DCF will be in Delhi. Interview will be in Mumbai, regardless
    > > > > of DCF or
    > > > > K3.
    > > > >
    > > > > TIA
    > > > Hi:
    > > > Whichever one works faster is quicker. It is INHERENT in the K-3
    > > > process that the I-129F is filed AFTER filing of an I-130. There is
    > > > nothing preventing you from sending in that I-129F stateside once
    > > > you
    > > > file the I-130 at the consulate.
    > > > Sometimes belt and braces is better than the most elegent solution.
    > >
    > > Folinskyinla:
    > > I am thinking I will file an I-130 and then an I-129F (K3). After
    > > completing 60 days stay, I will file DCF. If they accept my DCF, will
    > > I
    > > have to withdraw BOTH the I-130 and I-129F previously filed ?
    > > Thanks.
    > > > --
    > > > Certified Specialist
    > > > Immigration & Nat. Law
    > > > Cal. Bar Board of Legal Specialization
    > > > Posted via http://britishexpats.com
    > Mukherji,
    > You might want to double check, but it sounds to me like you can't file
    > the I-130 at the consulate (DCF) until *after* you've been present in
    > India for 60 days.
    > The way you stated it, sounds like you intend to file the I-130
    > right away.
    > Hopefully someone knows about this technicality.
    > Rene
    > --
    > Posted via http://britishexpats.com

Rene,

What I intend to do is this:
File an I-130 after we get married and then follow-it up with an
I-129F, making it a K3 case.
Then 60 days later, try to do a DCF - if they accept it, I will
withdraw the original I-130 and I-129F.
Reason I want to file K3 is because there is no guarantee of them
accepting DCF.
Suppose I don't file K3 first, and then they end up not accepting DCF
after 60 days, then I would have wasted 60 days - is that making sense
?

Thanks.

Noorah101

My only comment would be to avoid having 2 of the same petition going on at the same time. I think it might cause confusion and mess things up along the way. If you try file a second I-130, but they don't get the message to cancel the first one, it could get messy.

Forgive my ignorance, but I thought when you file the I-130 at the consulate, that IS doing DCF. So you want to go to India, marry, and then file the I-130 and I-129F stateside? Then wait 60 days and try re-filing the I-130 via DCF?

Either I'm not following your logic, or I don't understand the process.

Rene

mukherji933

Noorah101 wrote:
    > > Noorah101 wrote:
    > > > > Folinskyinla wrote:
    > > > > > > Which is quicker - from the time of filing and I-130 to visa
    > > > > > > interview
    > > > > > > date - Direct Consular Filing or K3?
    > > > > > >
    > > > > > > This related to India.
    > > > > > > DCF will be in Delhi. Interview will be in Mumbai, regardless
    > > > > > > of DCF or
    > > > > > > K3.
    > > > > > >
    > > > > > > TIA
    > > > > > Hi:
    > > > > > Whichever one works faster is quicker. It is INHERENT in the
    > > > > > K-3
    > > > > > process that the I-129F is filed AFTER filing of an I-130.
    > > > > > There is
    > > > > > nothing preventing you from sending in that I-129F stateside
    > > > > > once
    > > > > > you
    > > > > > file the I-130 at the consulate.
    > > > > > Sometimes belt and braces is better than the most elegent
    > > > > > solution.
    > > > >
    > > > > Folinskyinla:
    > > > > I am thinking I will file an I-130 and then an I-129F (K3). After
    > > > > completing 60 days stay, I will file DCF. If they accept my DCF,
    > > > > will
    > > > > I
    > > > > have to withdraw BOTH the I-130 and I-129F previously filed ?
    > > > > Thanks.
    > > > > > --
    > > > > > Certified Specialist
    > > > > > Immigration & Nat. Law
    > > > > > Cal. Bar Board of Legal Specialization
    > > > > > Posted via http://britishexpats.com
    > > > Mukherji,
    > > > You might want to double check, but it sounds to me like you can't
    > > > file
    > > > the I-130 at the consulate (DCF) until *after* you've been present
    > > > in
    > > > India for 60 days.
    > > > The way you stated it, sounds like you intend to file the I-130
    > > > right away.
    > > > Hopefully someone knows about this technicality.
    > > > Rene
    > > > --
    > > > Posted via http://britishexpats.com
    > >
    > > Rene,
    > >
    > > What I intend to do is this:
    > > File an I-130 after we get married and then follow-it up with an
    > > I-129F, making it a K3 case.
    > > Then 60 days later, try to do a DCF - if they accept it, I will
    > > withdraw the original I-130 and I-129F.
    > > Reason I want to file K3 is because there is no guarantee of them
    > > accepting DCF.
    > > Suppose I don't file K3 first, and then they end up not accepting DCF
    > > after 60 days, then I would have wasted 60 days - is that making sense
    > > ?
    > >
    > > Thanks.
    > My only comment would be to avoid having 2 of the same petition going on
    > at the same time. I think it might cause confusion and mess things up
    > along the way. If you try file a second I-130, but they don't get the
    > message to cancel the first one, it could get messy.
    > Forgive my ignorance, but I thought when you file the I-130 at the
    > consulate, that IS doing DCF. So you want to go to India, marry, and
    > then file the I-130 and I-129F stateside? Then wait 60 days and try re-
    > filing the I-130 via DCF?
    > Either I'm not following your logic, or I don't understand the
    > process. :(
    > Rene
    > --
    > Posted via http://britishexpats.com

Hi Rene,

    >From what I read on posts and also info from Delhi consulate, if there
is a pending I-130 (and a pending I-129F in case of K3) at the time of
DCF and if DCF is accepted, then the officer accepting the DCF will ask
the petitioner to withdraw the pending I-130 (and I-129F). Petitioner
has to then send a certified letter to the service center stating that
he is withdrawing the original petition and show the officer at the
Delhi consulate proof of this certified letter. The DCF then comes into
effect.

The reason I want to file for K3 is because there is no guarantee that
my DCF will be accepted.

Noorah101

I understand. Sounds like you've done your research. Good luck and let us know how it turns out.

Best Wishes,
Rene

mukherji933

Noorah101 wrote:
    > > Noorah101 wrote:
    > > > > Noorah101 wrote:
    > > > > > > Folinskyinla wrote:
    > > > > > > > > Which is quicker - from the time of filing and I-130 to
    > > > > > > > > visa
    > > > > > > > > interview
    > > > > > > > > date - Direct Consular Filing or K3?
    > > > > > > > >
    > > > > > > > > This related to India.
    > > > > > > > > DCF will be in Delhi. Interview will be in Mumbai,
    > > > > > > > > regardless
    > > > > > > > > of DCF or
    > > > > > > > > K3.
    > > > > > > > >
    > > > > > > > > TIA
    > > > > > > > Hi:
    > > > > > > > Whichever one works faster is quicker. It is INHERENT in
    > > > > > > > the
    > > > > > > > K-3
    > > > > > > > process that the I-129F is filed AFTER filing of an I-130.
    > > > > > > > There is
    > > > > > > > nothing preventing you from sending in that I-129F stateside
    > > > > > > > once
    > > > > > > > you
    > > > > > > > file the I-130 at the consulate.
    > > > > > > > Sometimes belt and braces is better than the most elegent
    > > > > > > > solution.
    > > > > > >
    > > > > > > Folinskyinla:
    > > > > > > I am thinking I will file an I-130 and then an I-129F (K3).
    > > > > > > After
    > > > > > > completing 60 days stay, I will file DCF. If they accept my
    > > > > > > DCF,
    > > > > > > will
    > > > > > > I
    > > > > > > have to withdraw BOTH the I-130 and I-129F previously filed ?
    > > > > > > Thanks.
    > > > > > > > --
    > > > > > > > Certified Specialist
    > > > > > > > Immigration & Nat. Law
    > > > > > > > Cal. Bar Board of Legal Specialization
    > > > > > > > Posted via http://britishexpats.com
    > > > > > Mukherji,
    > > > > > You might want to double check, but it sounds to me like you
    > > > > > can't
    > > > > > file
    > > > > > the I-130 at the consulate (DCF) until *after* you've been
    > > > > > present
    > > > > > in
    > > > > > India for 60 days.
    > > > > > The way you stated it, sounds like you intend to file the I-130
    > > > > > right away.
    > > > > > Hopefully someone knows about this technicality.
    > > > > > Rene
    > > > > > --
    > > > > > Posted via http://britishexpats.com
    > > > >
    > > > > Rene,
    > > > >
    > > > > What I intend to do is this:
    > > > > File an I-130 after we get married and then follow-it up with an
    > > > > I-129F, making it a K3 case.
    > > > > Then 60 days later, try to do a DCF - if they accept it, I will
    > > > > withdraw the original I-130 and I-129F.
    > > > > Reason I want to file K3 is because there is no guarantee of them
    > > > > accepting DCF.
    > > > > Suppose I don't file K3 first, and then they end up not accepting
    > > > > DCF
    > > > > after 60 days, then I would have wasted 60 days - is that making
    > > > > sense
    > > > > ?
    > > > >
    > > > > Thanks.
    > > > My only comment would be to avoid having 2 of the same petition
    > > > going on
    > > > at the same time. I think it might cause confusion and mess things
    > > > up
    > > > along the way. If you try file a second I-130, but they don't get
    > > > the
    > > > message to cancel the first one, it could get messy.
    > > > Forgive my ignorance, but I thought when you file the I-130 at the
    > > > consulate, that IS doing DCF. So you want to go to India, marry,
    > > > and
    > > > then file the I-130 and I-129F stateside? Then wait 60 days and try
    > > > re-
    > > > filing the I-130 via DCF?
    > > > Either I'm not following your logic, or I don't understand the
    > > > process. :(
    > > > Rene
    > > > --
    > > > Posted via http://britishexpats.com
    > >
    > > Hi Rene,
    > >
    > > >From what I read on posts and also info from Delhi consulate,
    > > >if there
    > > is a pending I-130 (and a pending I-129F in case of K3) at the time of
    > > DCF and if DCF is accepted, then the officer accepting the DCF will
    > > ask
    > > the petitioner to withdraw the pending I-130 (and I-129F). Petitioner
    > > has to then send a certified letter to the service center stating
    > > that
    > > he is withdrawing the original petition and show the officer at the
    > > Delhi consulate proof of this certified letter. The DCF then comes
    > > into
    > > effect.
    > >
    > > The reason I want to file for K3 is because there is no guarantee that
    > > my DCF will be accepted.
    > I understand. Sounds like you've done your research. Good luck and let
    > us know how it turns out.
    > Best Wishes,
    > Rene
    > --
    > Posted via http://britishexpats.com

Thanks Rene. I will keep you posted. Sincere thanks to all your help -
you have been very helpful. I wish you the best.