K3 after 'DCF' fails/is 'DCF' risky?
Nov 19th 2003, 7:15 pm
#1
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K3 after 'DCF' fails/is 'DCF' risky?
Just a few questions re. something that was posted on another thread (see quote)
Does this mean that if DCF (the consular application for an IR1) fails for whatever reason, a K3 is not possible? And, if so, if DCF fails, can you DCF over and over again until you eventually get approved?
And now for the oddball question - is DCF considered more risky than a K3 (or a K1, but then of course before marriage)?
Just curious.
Elaine
From http://travel.state.gov/state167548.html
May IR1 Petition Beneficiaries Opt for K3 Processing?
-----------------------------------------------------
30. According to the LIFE Act, a K3 visa may be issued when "an immigrant visa is not immediately available to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "available" only when the actual approved I-130 petition has been received by the IV-issuing consular post. If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.
May IR1 Petition Beneficiaries Opt for K3 Processing?
-----------------------------------------------------
30. According to the LIFE Act, a K3 visa may be issued when "an immigrant visa is not immediately available to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "available" only when the actual approved I-130 petition has been received by the IV-issuing consular post. If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.
And now for the oddball question - is DCF considered more risky than a K3 (or a K1, but then of course before marriage)?
Just curious.
Elaine
Nov 19th 2003, 7:27 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
PS - I'd like to add that this is not a totally off-the-wall question.... We will be going for DCF (IR1 and IR2 in Amsterdam), and even though I don't expect any problems I'm still nervous... just like to know what happens if DCF goes wrong.
Elaine
Elaine
Nov 20th 2003, 3:31 am
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Re: K3 after 'DCF' fails/is 'DCF' risky?
If the petition is denied.....you can
1--appeal
2--get your husband one of those one speed bikes and teach him Dutch real
fast
just what are you nervous about?
e
"HunterGreen" <member15421@british_expats.com> wrote in message
news:[email protected]...
> PS - I'd like to add that this is not a totally off-the-wall
> question.... We will be going for DCF (IR1 and IR2 in Amsterdam), and
> even though I don't expect any problems I'm still nervous... just
> like to know what happens if DCF goes wrong.
> Elaine
> --
> Posted via http://britishexpats.com
1--appeal
2--get your husband one of those one speed bikes and teach him Dutch real
fast
just what are you nervous about?
e
"HunterGreen" <member15421@british_expats.com> wrote in message
news:[email protected]...
> PS - I'd like to add that this is not a totally off-the-wall
> question.... We will be going for DCF (IR1 and IR2 in Amsterdam), and
> even though I don't expect any problems I'm still nervous... just
> like to know what happens if DCF goes wrong.
> Elaine
> --
> Posted via http://britishexpats.com
Nov 20th 2003, 9:30 am
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Anyone? Is the K3 route off after a failed DCF?
Nov 20th 2003, 11:58 am
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Re: K3 after 'DCF' fails/is 'DCF' risky?
HG,
DCF is simply the filing of an I-130 petition at an overseas consulate rather than at a US Service Center.
If an I-130 cannot be approved you need to know the reason why and address it, because the same reason may make it possible that an I-129f petition for the same person also cannot be approved.
Regards, JEff
DCF is simply the filing of an I-130 petition at an overseas consulate rather than at a US Service Center.
If an I-130 cannot be approved you need to know the reason why and address it, because the same reason may make it possible that an I-129f petition for the same person also cannot be approved.
Regards, JEff
Originally posted by HunterGreen
Just a few questions re. something that was posted on another thread (see quote)
Does this mean that if DCF (the consular application for an IR1) fails for whatever reason, a K3 is not possible? And, if so, if DCF fails, can you DCF over and over again until you eventually get approved?
And now for the oddball question - is DCF considered more risky than a K3 (or a K1, but then of course before marriage)?
Just curious.
Elaine
Just a few questions re. something that was posted on another thread (see quote)
Does this mean that if DCF (the consular application for an IR1) fails for whatever reason, a K3 is not possible? And, if so, if DCF fails, can you DCF over and over again until you eventually get approved?
And now for the oddball question - is DCF considered more risky than a K3 (or a K1, but then of course before marriage)?
Just curious.
Elaine
Nov 20th 2003, 12:53 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Originally posted by HunterGreen
Just a few questions re. something that was posted on another thread (see quote)
Does this mean that if DCF (the consular application for an IR1) fails for whatever reason, a K3 is not possible? And, if so, if DCF fails, can you DCF over and over again until you eventually get approved?
And now for the oddball question - is DCF considered more risky than a K3 (or a K1, but then of course before marriage)?
Just curious.
Elaine
Just a few questions re. something that was posted on another thread (see quote)
Does this mean that if DCF (the consular application for an IR1) fails for whatever reason, a K3 is not possible? And, if so, if DCF fails, can you DCF over and over again until you eventually get approved?
And now for the oddball question - is DCF considered more risky than a K3 (or a K1, but then of course before marriage)?
Just curious.
Elaine
Now it depends upon what you define as "failure" -- do note that in the DCF process, the consulates have no authority whatsoever to deney an I-130.
So if you fail to obtain approval of the I-130 at the consulate [which although is not a denial, it would be construed as failure, if I read you correctly], there is nothing to prevent the filing of the I-129F for K-3.
If your I-130 is approved, but you are denied the VISA, then you can't do the K-3.
Nov 23rd 2003, 3:47 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Thank you both for your replies. It took me a while to get back to this, because I wanted to research some things. Especially Folinskyinla's reply had, and actually still has, me a bit puzzled.
Surely this doesn't mean the consulate will always approve the I-130... so if it's not a denial, than what is it called that could go wrong?
That could be because the Affidavit of Support or any other forms are missing information/not reaching the poverty limit/something like that? (I was of the impression that an approved I-130 always meant getting a visa).
And this is, by the way, what I was talking about/referring to - getting denied the visa.
Thanks again!
Elaine
do note that in the DCF process, the consulates have no authority whatsoever to deney an I-130.
If your I-130 is approved, but you are denied the VISA, then you can't do the K-3.
And this is, by the way, what I was talking about/referring to - getting denied the visa.
Thanks again!
Elaine
Nov 23rd 2003, 4:04 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
HG,
An approved petition means that you meet the qualifications to apply for the relavant visa.
It does not mean that the consulate must approve your visa application.
Regards, JEff
An approved petition means that you meet the qualifications to apply for the relavant visa.
It does not mean that the consulate must approve your visa application.
Regards, JEff
Originally posted by HunterGreen
.... (I was of the impression that an approved I-130 always meant getting a visa).
And this is, by the way, what I was talking about/referring to - getting denied the visa.
Thanks again!
Elaine
.... (I was of the impression that an approved I-130 always meant getting a visa).
And this is, by the way, what I was talking about/referring to - getting denied the visa.
Thanks again!
Elaine
Nov 23rd 2003, 4:17 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Thanks Jeff.
I know this is probably speculation, but what are things that could lead to this non-approval?
Elaine
I know this is probably speculation, but what are things that could lead to this non-approval?
Elaine
Nov 23rd 2003, 4:55 pm
#10
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Re: K3 after 'DCF' fails/is 'DCF' risky?
prostitution, drugs, criminal record. false application to INS, illegal stay in U.S. to name a few.
Originally posted by HunterGreen
Thanks Jeff.
I know this is probably speculation, but what are things that could lead to this non-approval?
Elaine
Thanks Jeff.
I know this is probably speculation, but what are things that could lead to this non-approval?
Elaine
Nov 23rd 2003, 5:07 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Oh okay.... no worries there then. Thanks lpdiver.
Elaine
Elaine
Nov 23rd 2003, 5:10 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Originally posted by HunterGreen
Oh okay.... no worries there then. Thanks lpdiver.
Elaine
Oh okay.... no worries there then. Thanks lpdiver.
Elaine
Elaine, can you post your timeline too please?
Nov 23rd 2003, 7:23 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Originally posted by HunterGreen Surely this doesn't mean the consulate will always approve the I-130... so if it's not a denial, than what is it called that could go wrong?
All of that comes before the visa application.
Nov 23rd 2003, 8:25 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Originally posted by Eileen
If the petition is denied.....you can
1--appeal
2--get your husband one of those one speed bikes and teach him Dutch real
fast
just what are you nervous about?
e
If the petition is denied.....you can
1--appeal
2--get your husband one of those one speed bikes and teach him Dutch real
fast
just what are you nervous about?
e
I'm just nervous I guess because I want everything to go right. We don't have anything out of the ordinary in our pasts and I think our case will be pretty straightforward.
I am very confident we will have no problems on the one hand.... and then on the other hand I sometimes just get nervous because I tend to think about the ''what if's'' a bit too much. But that's just me.
Also I just like to ask questions.... find out what makes things happen etc... I like knowing a lot about a lot of things, just for the sake of knowing it. I guess the two got mixed and made for my post! Thanks for your reply, Eileen.
Elaine
Nov 23rd 2003, 8:33 pm
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Re: K3 after 'DCF' fails/is 'DCF' risky?
Originally posted by dutchman2001nl
Elaine, can you post your timeline too please?
Elaine, can you post your timeline too please?
I am a little bit embarrassed now to admit that we haven't started yet. I just like having my ducks in a row, and being prepared... that's why I started reading this newsgroup about 2 years ago. I've educated myself on the process a lot since then, and since our plans are starting to work out recently (just our own little timeline of what we want and can do at certain points in time), I've started reading (and posting) here again.
So there is no timeline to post yet, but I will as soon as there is.
Elaine