jeffmich2007

Anyone know how long it takes for a K3 visa to get approved ?

We filed I-130 back in Oct 2007 didnt get to file I-129F till Jan 2008 because the backlog now we still sit at VSC, had a couple touches online but guess that counts for nothing It's the NOA2 we need !

Whats the usual timeframe for approval ?

What's the longest i can expect to wait before i get approval ?

I'm missing my husband so much and now we are over our 6 months since we filed surely USCIS should nothave files sitting that long after the additional staff they took on to cope with backlog. It's great to see others get approved but i get downhearted when i see ppl that filed after us getting thier case dealt with...seems so unfair ! I thought USCIS work in date order according to thier website so to me People that filed say in Nov should not be dealt with before Oct or cases before ?

Thanks in advance for all your help
Michelle

LynannC

Hi Michelle

I don't think there are many of us using the K3. Because of all the delays at the beginning, and therefore a gap between filing I am guessing that the I-130 will get approved first. If that happens it will cancel out the K3. I know this is difficult and frustrating. I think some of the people who have been approved for November were filing in London. It does seem unfair that spouses who are together get a quicker process than those of us who are apart, but that's the nature of the beast. I am sure we will both hear something soon. Hopefully you'll get your NOA2 before the end of the month.

Hang in there, it will happen

Lyn

jeffmich2007

Hi Lyn

USCIS can not cancel out my I-129F if the I-130 gets approved first because i am specifically going K3 - only one I-130 was filed for me and the I-129F was so my son would do AOS with me in USA. This was the instructions of our attorney so we took his advice so i really hope that USCIS agent that gets our file reads the note inserted with our files that we shall be going K3 so lets hope they don't cancel my I-129F.

I am hanging in here, nothing else for it but it does suck when USCIS dont seem to be going by date order !

Good luck to you on your journey

Noorah101

Hi Michelle,

I would say, in general, a regular Immigrant Visa process takes around 8 to 10 months to process. Add to that several months for the I-129F approval, and I'd give a rough estimate of a K-3 approval at around 10 to 14 months.

Of course that's just a guesstimate and no one really knows for sure.

Best Wishes,
Rene

Rete

Where did Texas forward your petitions? CA or VT?

VT timeline is:

K-3 9/17/07
I-130 7/30/07


CA timeline is:

K-3 9/9/07
I-130 9/5/07

It is not boding well that the I-129F will be approved first. As for your attorney's note, it has been said before that there is no way of telling if the USCIS personnel adjudicating your petitions will note the request and/or adhere to the request. They are under no obligation to do so.

Wishing your wish comes true.

Rete

jeffmich2007

This whole Process gets me down especially when i see approvals for cases after our date of filing
I guess im just feeling it more because i have not seen my husband since last August so its hard being apart just like a lot ppl on here, yet i feel so alone at times

I was hoping to see approval this month since a lot ppl are saying they are approving both I-130 & I -129F together

I am hanging in here and hope that i see approval soon
our files are at Vermont Service

Thanks everyone for your input, feels like USCIS is an entity all of its own!!...no one seems to know really what goes on there !

Michelle

Noorah101

I totally understand how you feel, Michelle. Back in 2003 when I was going through the fiance visa process, everyone's case went through NVC in about 2 weeks at the most. My fiance's case was there for four months, going through security checks. It was disheartening to see those who filed at the same time I did, fly right by me and get their interviews and visas, while I was stuck calling NVC every Friday to see if it's been forwarded to the embassy yet. So I know exactly how you feel, seeing everyone pass you by.

But all you can do is remember that no two cases are alike, even if they are filed at the same time. Your turn will come, hopefully soon.

Rene

Noorah101

Michelle, I was just curious, what is your plan if USCIS doesn't read the note from the attorney, and they end up approving the I-130 and cancelling the I-129F? Do you have a plan set for that? You might want to get mentally prepared for that, just in case. Hopefully it won't happen, but it could.

Rene

jeffmich2007

I don't have a plan other than we will have to go ahead and file I-130 for my son, there is no other way. Our attorney assured us that they will approve the I-129F but you know i have little faith in him especially since i was so set in filing both I-130's at the same time but no no he said we did NOT need to do that! Convincing jeff it was the right thing to do. Ofcourse we got second opinion from larger Immigration Attorney in Washington (our attorney is in Naples FL) so that we were getting correct information, turns out the Washington Attorney said it was correct to file one I-130 and the I-129F and that there should be no probs so i guess we had put our minds at rest knowing it was done in accordance with USCIS K3 Procedure. The website does say you can do this and AOS when i get into USA so i guess they were correct.
I have lost all faith in USCIS and how they operate besides the fact they appove cases in all different date order and then i hear of the I-129F being cancelled. I just hope they adhere to what our attorney has noted in our files and approve both I-130 and I-129F at the same time...If they do cancel our I-129F then its another long wait for me to get there as i will never leave here without my son but you can be sure jeff will lose it with our Attorney because he is the one that said this was the way to file !
It will break my heart to wait another 10 months or whatever it takes for my sons file to be processed but i guess that's something i will have to be aware of and i am...I hope it don't happen that way.

There is always a chance it could happen so i sit here worrying about what's gonna happen next!

This is not a straight forward process ...the simplest part is filling out the forms and posting then ...we all worry more when it actually gets to USCIS until it is approved ...Hahahahaha! I have a few more grey hairs i must say ! LOL

I sympathise with what you went through because you had a very long wait...i'm sorry for you because it had to be hard on both you!
Look at you now your an inspiration to all that go through K1, K3 or CR1

Your a lovely person and always giving good advice
Thank you
I keep close watch on my online status but not had any touches since these dates :
I-129F - last touch 02/24/2008

I-130 - Last Touch 03/06/2008

I will keep you updated

Michelle

LynannC

Michelle

I know you have a note put on your file by the lawyer, but the official information does say the K-3 is only valid if the I-130 has not been approved. If the I-130 does get through first they will automatically cancel out the K-3/4.

I understand why you want the K-3 but as it seems to stand at the moment the I-130 might get through first, and so you need to think of a contingency plan for that happening.

Waiting for what seems like forever is not pleasant, especially when DCF filers get approvals in 4-6 months, and they're with their spouse while they wait. Unfortunately waiting is part of the choice we made when we married Americans and chose to move the the States.

We're also almost at the 6 month mark since we filed and have heard nothing. I would think you might hear something before us, but with the note on your file and other differences in circumstances we might end up hearing about the same time. My application is really straightforward. Neither of us have been married before, and there are no children involved. The only flag that might be raised for us is that my husband works on defense contracts and has an FBI file from when he worked at NASA. However I am inclined to think that his security clearances will actually go in our favour rather than delay us.

My moto for now is "this too shall pass." I keep telling myself this truth whenever I am inclined to get down. I know this time apart from your wonderful new husband is frustrating, lonely, seemingly endless, but it is only for a short time (a year really is only a short time in the grand scheme of life) and you will come out the other side eventually.

I know everyone is quoting 8-10 months for the I-130 process, but personally after 6 months without initial approval I'd say it is probably more likely to be 12 months for whichever one hits the NVC first.

Hang in there Michelle, you will survive the immigration process.

Lyn

meauxna

That's OK, I lost all patience quite a while ago. Michelle, we have been telling you how it is in reality since you started posting here. If you continue to believe that your attorneys are steering you right, then you really have no leg for complaining here, although I've been expecting this post for a while. I don't see how the attorneys are going to reunite you & family with your husband if they say 'oops, well, it went differently for you than planned'--seems like it will be cold comfort.

What I do not understand is this reluctance to file an I-130 for your child. It has to be done at some point, why wait?

By filing/adding the I-129f, you have reset your priority date to the I-129f's date, so you are not out of processing timelines as far as USCIS is concerned. They are processing I-129f for K-3 with a filing date of September, and you're at January--not October like you think.

Folinskyinla

Hi Michelle:

I've read this string to the end. Shall we say that an old attorney is shaking his head?

Also, I'm wondering if there is something not mentioned here. You complain that DHS is not handling the cases in order. They try to, but they are not required to -- and various things can cause a case to be delayed.

Noorah101

In my opinion, their biggest issue is that they did not file an I-130 for the son. They are basing everything on getting the K-3/K-4 visas. If that doesn't work out for them, they will have another VERY long delay while an I-130 is submitted and processed for the son.

If this had been me, I would have filed the I-130 for the son anyway, on my own, regardless of what the attorney did with the rest of my case. Jeff still CAN file an I-130 (and should, in my opinion). But they insist on following the strict orders of their attorney, who seems not to know that filing an I-130 for the son sooner rather than later would be in their best interest.

Rene

Folinskyinla

Hi:

OP used the term "attorney." I've seen enough cases where it turns out that there was a "consultant", "broker", "notario" or some such.

I would not be at all surprised that you are right, but I don't care to give advice in this one. She may very well have had bad advice OR there is something there we just don't know. And I don't care to dig -- "I am a lawyer but I'm not YOUR lawyer." [quotation marks because this is not directed at Rene].

jeffmich2007

Hi to All

I don't know what to say here anymore...I have came on here to find out advice and YES Jeff has talked to our Lawyer / Attorney about this NOT filing for my Son ( I-130) believe me i am as annoyed as anyone on here but I am NOT a Lawyer or Attorney so i don't know Immigration Law like some of you ppl on here so we took the advice of our Lawyer and i know he was focused on us going K3. BTW he is a bonafide Lawyer not a consultant. I am getting Jeff to call and let him know that yet again we are really concerned about our I-129F being cancelled should our I-130 being approved first and see what he says.

I will however just go ahead and file the I-130 for my son because i am very worried now.
I feel like some on here make me out to be stupid and i am not !!!

I just took advice of Immigration Lawyer ? Attorney ( whatever you want to call him )

I am sorry if some feel i have no right to complain to be honest I didnt really think i was a bother to anyone on here, going by some the previous replys I obviously I am.

I will get to the bottom of this situation with our Lawyer/ Attorney.

Good Luck
&
Thanks for replying to my questions.


Michelle