What Happens if a Spouse's I-130 is Processed Before Her I-129f K-3 Petition
Hello everyone,
I am an American citizen and my wife is Chinese. I'm am currently living in the USA and she is currently still living in China. I submitted her I-130 petition to the Chicago lockbox back in July and recieved the I-797 back saying that it was accepted and routed to the California Service Center for processing. Thinking that processing would take a year or more, I then submitted an I-129F petition to the Dallas lockbox with the K-3 Spousal visa option so that she could come to the US on a K-3 visa and we could wait here together for her I-130 to go through instead of being separated for a year. I was notified yesterday that the I-129F petition was accepted, and it was also routed to the California Service Center for processing.
I then looked up the processing times for the I-130 for a spouse and the I-129F for the K-3 spouse option at the California Service Center. To my surprise, they are both listed as 5 months. The I-130 was sent there nearly a full month before the I-129F got there. So that brings me to my question - Is it possible that her I-130 might be processed first, sent to the NVC, and then she could just go through the I-130 process directly and completely skip over the I-129F for K-3 spousal visa process? It seems like that would shorten the whole visa processs significantly - the Guangzhou, China embassy allows eFiling of the I-130 documents but not the I-129F as far as I know, and it would be one less step we would have to take for her to get her green card. Or would they delay processing her I-130 because I have submitted an I-129F with K-3 option? Can anyone shed some light on this?
Any help is greatly appreciated.
Re: What Happens if a Spouse's I-130 is Processed Before Her I-129f K-3 Petition
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Quoting
steve12345
I was notified yesterday that the I-129F petition was accepted, and it was also routed to the California Service Center for processing.
That's in order for the I-129F to be processed along with the I-130.
After the I-129F and I-130 are transmitted to the National Visa Center (NVC), the NVC should discontinue the I-129F and process the I-130 such that the foreign national spouse is able to enter the U.S. on an immigrant visa instead of the non-immigrant K-3 visa.
Re: What Happens if a Spouse's I-130 is Processed Before Her I-129f K-3 Petition
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Quoting
Mr. Knowitall
That's in order for the I-129F to be processed along with the I-130.
After the I-129F and I-130 are transmitted to the National Visa Center (NVC), the NVC should discontinue the I-129F and process the I-130 such that the foreign national spouse is able to enter the U.S. on an immigrant visa instead of the non-immigrant K-3 visa.
Is that because they realize that the I-130 would be processed first? Otherwise, why would they discontinue the I-129F (K-3)? Isn't the whole point of the K-3 so that she could be here with me during the long wait it normally takes for the I-130 to be processed? Wouldn't discontinuing my I-129F be the kind of important thing that they should mention to me?
Re: What Happens if a Spouse's I-130 is Processed Before Her I-129f K-3 Petition
If the USCIS receives your I-129F petition after it receives the I-130, but before processing the I-130, then it will normally adjudicate both at the same time. If they process the I-130 first, such that it reaches the NVC first, then the NVC administratively closes the I-129F based upon the reasoning that you have no need for a K-3 visa following I-130 approval.
Re: What Happens if a Spouse's I-130 is Processed Before Her I-129f K-3 Petition
Quote:
Quoting
Mr. Knowitall
If the receives your I-129F petition after it receives the I-130, but before processing the I-130, then it will normally adjudicate both at the same time. If they process the I-130 first, such that it reaches the NVC first, then the NVC administratively closes the I-129F based upon the reasoning that you have no need for a K-3 visa following I-130 approval.
That makes sense, thank you very much for the info!