Filing a I-129F for a K3 after filing a I-130, insrtuctions sketchy.

[TomandMalou]

Hello,
I apologize ahead of time for this will be a little long winded! I want to make sure that I write everything correctly!
I just submitted my wife's paperwork for the I-130 (Petition for alien relative) for her to come and be with me here in the United States. We were married in her country (Philippines).
I just started reading about the K3 visa and how she could be here while the I-130 was being reviewed/approved. Great news I thought! However, according to the directions for the I-129F, "You wish to have your spouse enter as a nonimmigrant awaiting approval of a form I-130, see item # 9.
Item # 9: basically says "submit documents required in items 1, 2 and 6, but may omit documents in item # 5".
So far, no problem. But this is where it starts!
Item # 1 and 2 refer to something that I have never seen before. Something called "International Marriage Broker regulation act" (IMBRA)? I have no documents from this company or organization. We met online and not through any "marriage broker".
Then Item 6 refers to "What if a document is not available"?
Item 5 are the documents that I need to show that I am a U.S. Citizen. I know that I just sent them all that information in the I-130, but could they need it again?
Could it be that they are referring to some incorrect numbers?
Any help would be GREATLY appreciated! I had no problem at all doing the I-130. The more that I understand, the faster I can get this done, and get my wife here with me in the U.S.!!
Thank you!!

[rayb]

Tomand,

1. You needn't bother submiting a K3 I-129F petition. USCIS no longer supports this procedure. They will accept the petition, then join it with your I-130, approve both at the same time, then forward only the I-130 to the NVC. The K3 app then sits on a USCIS shelf somewhere.

2. I have tried to use the k3 option a half dozen times in the last three years, for stalled I-130's, to get a child here with the mother, etc., and the primary I-130 was still given priority.

3. Having said the above, if you still want to submit the K3 I-129F (because you have nothing better to do), include everything that was in your I-130 packet, plus the Receipt Notice of Action for the I-130, then mail it off. There is no fee for it.

--Ray B

Hello,
I apologize ahead of time for this will be a little long winded! I want to make sure that I write everything correctly!
I just submitted my wife's paperwork for the I-130 (Petition for alien relative) for her to come and be with me here in the United States. We were married in her country (Philippines).
I just started reading about the K3 visa and how she could be here while the I-130 was being reviewed/approved. Great news I thought! However, according to the directions for the I-129F, "You wish to have your spouse enter as a nonimmigrant awaiting approval of a form I-130, see item # 9.
Item # 9: basically says "submit documents required in items 1, 2 and 6, but may omit documents in item # 5".
So far, no problem. But this is where it starts!
Item # 1 and 2 refer to something that I have never seen before. Something called "International Marriage Broker regulation act" (IMBRA)? I have no documents from this company or organization. We met online and not through any "marriage broker".
Then Item 6 refers to "What if a document is not available"?
Item 5 are the documents that I need to show that I am a U.S. Citizen. I know that I just sent them all that information in the I-130, but could they need it again?
Could it be that they are referring to some incorrect numbers?
Any help would be GREATLY appreciated! I had no problem at all doing the I-130. The more that I understand, the faster I can get this done, and get my wife here with me in the U.S.!!
Thank you!!

[TomandMalou]

I-129F K3 visa information

Hi Ray,
I thank you for taking the time to send in your thoughts. My only question to you would be why are they (INS) telling me to file this petition if they are no longer going to accept it? I have called them several times looking for answers, and they truly have none. They just point you in the direction of the forms, and it is all up to you to figure it out.
If I do not file the I-129F, I have been given an estimate of approximately 5 months before my wife will be able to come over. Is this realistic in your opinion?
Again, I thank you for your help and thoughts.
Tom

Tomand,

1. You needn't bother submiting a K3 I-129F petition. USCIS no longer supports this procedure. They will accept the petition, then join it with your I-130, approve both at the same time, then forward only the I-130 to the NVC. The K3 app then sits on a USCIS shelf somewhere.

2. I have tried to use the k3 option a half dozen times in the last three years, for stalled I-130's, to get a child here with the mother, etc., and the primary I-130 was still given priority.

3. Having said the above, if you still want to submit the K3 I-129F (because you have nothing better to do), include everything that was in your I-130 packet, plus the Receipt Notice of Action for the I-130, then mail it off. There is no fee for it.

--Ray B

[rayb]

Toman,

Maybe I wasn't clear. Your K3 I-129F petition will be accepted by USCIS, but it won't get to the Embassy where your wife will interview because an approved i-130 will have processing priority. This change in K3 priority occurred about 6+ years ago when the K3 process had outlived its usefulness (to counter complaints of long I-130 processing).

An I-130 petitoin for a CR-1 spousal visa may get approved in 5 or 6 months by USCIS, but it then goes to the National Visa Center for about 3 more months of processing, then to the consulate abroad where your wife will be interviewed.

--Ray B

Hi Ray,
I thank you for taking the time to send in your thoughts. My only question to you would be why are they (INS) telling me to file this petition if they are no longer going to accept it? I have called them several times looking for answers, and they truly have none. They just point you in the direction of the forms, and it is all up to you to figure it out.
If I do not file the I-129F, I have been given an estimate of approximately 5 months before my wife will be able to come over. Is this realistic in your opinion?
Again, I thank you for your help and thoughts.
Tom