Matthew Udall

Oops, make that the I-130 "issues" for the kids.

Sheryl

    > I thought that you also have to have a k3 approval from ins along with
    > I130. So this means you can get a visa without having to apply for k3.
    > I don't know much about k3 cause i am working on k1 now. I would have
    > done k3 if i knew this was going to be a long wait.
Amy,

The K3's purpose is to join spouses and children in the United States
while waiting for I130 approval (normally a much longer process).
Mrs. Strickland's case is one of the somewhat rare cases that obtains
I130 approval prior to I129F approval for K3, and therefore the K3 is
not needed any longer and subsequently cancels. Generally speaking,
the K3s move more quickly through NVC and outlying embassies than
I130s do. That is why most people want the K3 to be approved before
the I130.

Like K1 fiance visas, K3 petitioners file the I129F as well. Unlike
K1 visas which are processed at various service centers around the US,
K3 marriage visas are processed through the Missouri Service Center
(MSC) only. That is why you see many gripes about the MSC on this
board. I, for one, have been waiting 185 days to hear back on my
129F. I wish I had gone the K1 route instead. It appears that K1
visas are obtained much more easily and quickly than K3s. Assuming
your objective is to get your loved one here asap, you are probably
better off with the K1.

Sheryl

Girard Bourque

Matt

Not to dispute your post, but just to let you know what I have been told,
here is what I heard about the K3/130 approvals and the consulate.

First while I was talking to one of the supervisors of the local INS
offices, she told me that in her experience she has noticed that some of the
consulates will give the K-3 visa if given the choice because it is less
work and quicker turn around time for them.

I talked to the consulate in Santo Domingo. They informed me that the time
to process a K-3 is about a month and half. The 130 atleast 3 months. He
then told me that they will process which ever package physically arrives at
the consulate first. His example was that if the K-3 arrives and then the
130 shows up 3 days later, they will process the K-3.

I also read on one of the consulate sites, that they do not concider the 130
approved until it arrives at the consulate. I think this is a good thing
because if my wife's 130 is approve today (doubtful) and the K-3 is approved
3 weeks from now, she will be here several months prior with the K-3 then
the 130.

Jerry

mrsstrickland

i was approved in august for my 130, so i am months down the line already, this is not as if i was just approved yesterday, i have spoken to anyone who would listen and they tell me the same thing, london has the final say, as they issue the visas, good luck to you all

sxsx

so if i send in my original approval of my 1-130 (by this you mean your second NOA yes ? ), to the embassy in london i can open a provisional file ??

Ps- how do you get them to email you ?

mrsstrickland

did you not send in your original approval with your packet 3, thats what they told me firstly, to send the original I-797 with packet 3, and they will open the file

sxsx

they never told me to do that, they just said if its in NVC then downlaod and send in apack three.

Then our lawyer in USA said forget it, they will just bin that, you have to wait till THEY send you pack three.

Realy confused now & panicking im missing a time cutting trick.
xx

mrsstrickland

i know my husband was reluctant to send our only original approval notice to london, but i figure as long as i put it recorded delivery and then i know someone has to sign for it, not sure how much time it cuts out, but as i said to my husband if it cuts a week, its worth it, at least i feel as if im doing things, i actually scanned through US embassy website in london, and they have changed it all around updated a few things, i thought it was worth giving a shot, because the packet 3 they said to file with them is just what NVC was gonna send, the only difference is if you take the NVC route you pay them the fees and i gather with london you pay them, im gonna give it a whirl, i havent got anything to lose

Matthew Udall

Hi Jerry, thanks for your reply/feedback. Since I've not done a K-3 yet, I've not needed to contact any particular consulate yet to see what they would say about this issue (what will they do if they have an approved I-129f and I-130 to choose from). I'm happy to hear your feedback and don't take your reply as any sort of a dispute of my posting (as my post was just speculation on my part and reports made to me by others).

Maybe all the Consulates have been given a directive for this issue but not all follow it. Maybe they all follow it. Maybe there is no policy in effect now, and they are free to do as they please.

I know the K-1 is processed through the immigrant visa processing line at the Consulates even thought its really a non-immigrant visa. I assume the K-3 would also be processed through the immigrant visa line too. If a consulate is one that has the I-864 pre-screened at the NVC, that might add additional time to I-130 visa processing compared to K-3 visa processing at a post.

A K-3'er can choose to process the AOS here in the states, and this makes me think about something my friend Folinskyinla has mentioned to me on more than one occasion... that Consulate officers cost more (to our government) than does a local INS officer working at a District Office. So from a strict economic argument, it would make sense for a Consulate to process the K-3 (if it indeed takes less Consular staff time compared to an I-130 immigrant visa).

Good luck with your cases everybody.

Regards,
Matthew Udall
Attorney

L D Jones

[email protected] wrote:
    > what is BTW

It is an acronym that stands for "By the way"

Here is a random page selection via google that describes others

http://www.booksnbyte-
s.com/recartsmystery/acronyms.html

bba1vol

Please post your 130 timeline Mrsstrickland

mrsstrickland

1st NOA thru TSC 04/04/2002
approval 08/14/2002

in between that i sent I-129f to MSC 1st NOA 05/09/2002 and that is in security checks in MSC, but because i have my approved I-130 it is void,

i hope this helps, and i can understand your anxiousness, all the waiting and not finding out anything is a killer, good luck

bba1vol

thank you
so since we filed the 130 in may of this year
there is a good chance we could get the 130
approved before the 129 ......we filed in texas
as well....... thank you for being so nice some
people who write in the forum are rude....
thank you again

another question.......you receipt on the 130
how many days did it say that it took for
an visa like this....ours first say 175=225 and went up to 500-600
days.....thanks again

mrsstrickland

i cant honestly remember how long it said, my hubbie has all of the documents, but i dont think those times mean anything, as long as one of you is a USC it shouldnt take so long, it could be that your I-130 may be approved quicker, because it seems that MSC are just approving what they want to, but keep the faith, its a long hard struggle up the mountain, but it will all be worth it in the end.