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Request advice on risky option

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Old Jun 3rd 2004, 12:29 pm
  #1  
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Default Request advice on risky option

Okay, I really don't know if it's risky or not, but figured that maybe it would get people to read my post.

I have filed the I-130 and I-129F for a K3 Visa, approaching the 90 day point since NOA1.

Here's the deal: I'm frustrated, just as you all are, with the speed, or lack thereof, of the approval process. I am considering another option. My wife lives in Japan, which has DCF, and does not have a residency requirement for the USC. I will be visiting her in August and am considering cancelling the current I-130 and I-129F petitions and just doing DCF while I'm there. Does anyone know the Pros/cons of this method? I guess what I'm concerned with is whether or not cancelling the current petitions would affect our ability to do the DCF. Anyone know? Any other concerns/risks I should know about?

Of course, the final decision will be made based on what will get her to the US first, so if Missouri helps me out here and makes some good progress in June....
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Old Jun 3rd 2004, 6:57 pm
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Default Re: Request advice on risky option

Hey, I don't know exactly what the best way is (cancelling the filed I-130 and I-129, or just letting them sit there while you DCF) but it's not risky I don't think. I don't know too much about the K3 but quite a bit about DCF and if you have the chance to DCF I'd highly recommend it! Maybe you should do a search on this topic at the Marriage Based Visa forum of this board, you should find some answers there because it's been asked before. If you can't find anything just repost this question there! Good Luck!

Elaine
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Old Jun 4th 2004, 5:53 am
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Default Re: Request advice on risky option

Originally posted by sherlock
Does anyone know the Pros/cons of this method? I guess what I'm concerned with is whether or not cancelling the current petitions would affect our ability to do the DCF. Anyone know? Any other concerns/risks I should know about?

Of course, the final decision will be made based on what will get her to the US first, so if Missouri helps me out here and makes some good progress in June....
sherlock,
IIRC, Japan was taking about 4 months to process the DCF/IV. If you file the I-130 abroad in August and add four months (an estimate!), does that work out sooner than the K3?
I think you've left it a bit late for DCF to make a difference at this point. At any rate, you can withdraw any pending petitions after or at the overseas filing, so you don't have to 'plan' for that part.

After K3 entry, your spouse can always *not* file AOS and return to Japan for IV processing when the stateside I-130 matures.
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Old Jun 4th 2004, 11:55 am
  #4  
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Default Re: Request advice on risky option

sherlock <member25217@british_expats.com> wrote in message news:<[email protected]>...
    > Okay, I really don't know if it's risky or not, but figured that maybe
    > it would get people to read my post.
    >
    > I have filed the I-130 and I-129F
    > for a K3 Visa, approaching the 90 day point since NOA1.
    >
    > Here's the
    > deal: I'm frustrated, just as you all are, with the speed, or lack
    > thereof, of the approval process. I am considering another option. My
    > wife lives in Japan, which has DCF, and does not have a residency
    > requirement for the USC. I will be visiting her in August and am
    > considering cancelling the current I-130 and I-129F petitions and just
    > doing DCF while I'm there. Does anyone know the Pros/cons of this
    > method? I guess what I'm concerned with is whether or not cancelling the
    > current petitions would affect our ability to do the DCF. Anyone know?
    > Any other concerns/risks I should know about?
    >
    > Of course, the final
    > decision will be made based on what will get her to the US first, so if
    > Missouri helps me out here and makes some good progress in June....

READ at http://www.visajourney.com/forums/in...pg=compare#dcf

for Direct Consular Filing
 

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