I need help! I can not find the processing times on the USCIS website for the I-129F for the K3 Visa..does anyone know what they are? I filed the I-130 on June 21, 2007 and received my reciept 2 weeks later. I then sent the I-129F for a K3 Visa for my husband who has returned to Mexico to wait out the process. We have an 11 month old and I am currently 6 months pregnant..My 11 month old was born 2 months early and I am considered high risk for this one as well. My Dr. gave me a letter to put in with the I-129F stating that he is following me very closely and that it would be of great help to have my husband back in the US to help me with basic daily activities, including child care. Will this help? I sent the I-129F on July 12, 2007 and haven't heard anything..do I receive a receipt like with the I-130? Does anyone have any recent experiences with the K3 Visa? Thanks so much.
My heart goes out to you in your situation. How horrible to be seperated from your husband during a high risk pregnancy! I don't have good news for you though. K-3's take a while to process. Did he go back to Mexico voluntarily (not voluntary departure) or was he deported?
OK, if he was here illegally, he will be under a ban to reenter and his k-3 will be denied. You/he/both of you need to prepare an I601 application and have it ready to give to the adjucator in Juarez at the time of his k-3 interview. Without a 601, he will have to face a ban for I'm assuming the illegal entry or overstay. That's the bad news. Preparing an approvable 601 is also a LOT of work.
The good news is that Juarez will process his 601 in 2 days. You however need help with your 601 application, refer to the site I gave you at immigrate2us.net and you will find lots of resources on preparing a 601 to be filed in Mexico. At the bottom of the site there is a small window that you can choose from. Don't be discouraged, it is definitely possible, and considering your unique medical circumstances, probable, but only with a polished and complete application package.
Originally posted by myhusbandswife: Thank you so much for all of your help. What happens if he gets an approved I-130 before a K3?
The I130 generally is and needs to be approved BEFORE the k-3, if not it will be approved at the same time. It will only be in your benefit if the 130 is approved sooner, nothing to be concerned about which gets processed first, the I130 will always be before a k-3.
Now in your husband's situation, the I130 will be approved, but the k-3 denied. Be prepared with a 601 for the k-3 interview.
I guess I don't understand why he couldn't just come in on the I-130 if it is approved...also, I thought the K3 visa was to get him home now while we wait for a decision on the I-130? Why is it approved at the same time? I am so confused! Thanks again!
Originally posted by myhusbandswife: I guess I don't understand why he couldn't just come in on the I-130 if it is approved...
OK, the I130 is your petition for your alien relative (your non-US spouse). The name is a little confusing, but the only purpose that the I130 serves is to validate that you are relatives indeed. It asks for copies of birth certs, marriage certs, etc. It's kind of like a glorified biographical form, but with documentation that substantializes the relationship. When an I130 is approved, it means that the docs you submitted were indeed valid and your marriage (in this case) is valid. The relationship is valid in USCIS's eyes, but no immigration benefit attached. This approval is only used in conjunction with other forms, like the k-3 in your case.
also, I thought the K3 visa was to get him home now while we wait for a decision on the I-130?
No. This is not a correct assumption. The k-3 is what will get him here. The k-3 is the actual request to approve his permanent immigration to America. Like I previously mentioned, your hubby's k-3 will be denied because of the inadmissibility factors, that's why he will need a waiver (I-601) that will say, please consider these factors and approve the k-3. Why is it approved at the same time? I am so confused!
Well, it doesn't need to be approved at the same time, just before the k-3 will be approved. The k-3 won't be approved without the USCIS knowing that your marriage is valid, that's why you need the I130. I'm trying to make this as simple as possible, your k-3 will not be approved without the I130, for reasons stated above. But you guys also have an extra "inadmissibility factor", the fact that he was here illegally. So in addition to the I130, you will also need an additional application packet, the I601. Thanks again!
Originally posted by myhusbandswife: I guess I don't understand why he couldn't just come in on the I-130 if it is approved...also, I thought the K3 visa was to get him home now while we wait for a decision on the I-130? Why is it approved at the same time? I am so confused! Thanks again!
yes, you should get a receipt for I-129F as well (so called NOA 1).
You have 2 processes going on:
1. sending I-130 -> NOA1 confirming the receipt -> approval of I-130 or NOA 2 -> NVC (some documents will be mailed to you) -> embassy informed about approval of I-130 -> interview for an IMMIGRANT visa CR/IR-1
2. sending I-129F (after having NOA1 for I-130) -> NOA1 -> approval of I-129F or NOA2 -> NVC -> embassy informed about approval -> interview for an NON-immigrant visa K3
now, USCIS announced that NVC will keep I-130 after the approval and not send to the embassy if I-129F has been filed as well, and that indicated on the petition. In reality, it seams that the embassies are still informed (file forwarded) when either I-130 or I-129 is approved.
I-130 doesn't have to be approved for K3. I-129F doesn't have to be approved to get CR/IR-1.
It is either way, and it is about the timing (which goes through first). Approval of I-130 used to take years, so I-129 was introduced to reunite families sooner. Nowdays, the process for each may take about the same time (so persuing K3 is making less sense as one gets non-immigrant visa and has to adjust status in the USA).
In any case, at the interview (for either K3 (based on approved I-129F) or CR/IR-1 (based on approved I-130)) your husband will be denied visa and hopefully given the opportunity to submit the waiver.
actually all this is a very important info,and the 2 days waiver thing is just great as well...but there is another obtion and if this work ,,he may be able to go to the u.s before even the i-130 or the i-129f even get proved,,,(humanitarian parole)this might get him here within 2 months if its get proved,,,the only problim is hes previous illegal entery,,but to me i think he have an option ,,bcoz of hes baby's setuation,,and iam sorry for that (myhusbandswife),,i wish u a good luck and i will pray for ur kids also,,this is a good reason for hes humanitarian parole to get proved,,and lately ,,it takes 30 to 45 days to get an answer,,i dont wanna give u a hope ,but iam almost 70% sure that he might get it,,i understand thae fact he was illegal,,but this have nothing to do with it,,if he gets prove they will let him inn,,but then later hes ganna have to leave for hes visa interview,and there where he will propably will be denied ,,but the 2 days waiver thing is great news,,and at the embassy where they ganna check all this,,the humanetarian is for a human right reasons,,they may say yes and they may say no ,,but u won't lose anything if u try,,but make sure u will have an attorney hande the humanetarian process,,bcoz its a huge amount of paper work,,and u have to submit a big letter,,and lawyers always know's better,,bcoz they know what the uscis wanna c,,,but u dont,,try it,,and hopefully this will work,,,iam in ur setuation exactly,,but exept that i wasn't illegal,,and i wasn't deported or anything,,and i have thoes two forms pending and iam working on the humanetarian parole thing bcoz my wife needs like 6 or 7 surgery's in her lower back and she have a heart condetion,,,and i spoake to my atorney today on hes cell,,and he said in my case ,,,he think there is a 60 to 65% chance,,and i think ur setuation is little worse(i mean u may have more chances) bcoz the'r baby's,,but the only problim is hes previous illegal entery,,does he have any criminal records ?and if yes then this will make it even worse,,iam not saying worse that he will never come back,,but i mean more delay's,,good luck and thnx needhelpfast.
...................................................................................................................................... impossibility is a word found only in the dictionary of fools
...................................................................................................................................... impossibility is a word found only in the dictionary of fools
taking advice from Mike2007 is very unwise...he acts like he 'knows it all' - even claiming that if you call his 'attorney', why, this attorney won't charge you a nickel!!!! Now really...what immigration attorney on this planet doesn't want $$$ by the carload?? Why else are they in this 'profession?' -- and mind you, Mike2007 is not an American citizen, nor an immmigration attorney....he used to clean stables but was fired because he lacked the mental capacity to carry out even that menial task....
hahahahahahah ur so cute someone12,,what a joke ur,,ok wait a minuite,,hahaha,u said why that immigration attorney is not charging ?and there is no professional adviser workes for free?why r u in here then?ur saying that your a (p legal)?and p legal dont give a free advise either?so why r u on in here 24/7 then?bcoz ur a loser and bull s h i t e r also,,and nothing but a big pic of trash ,,,huh,,i clean stables? hahaha,,i have master degree in hotels managment,,ppl like u are tho one who clean stables,, yes i know it all ,,and listen myhusbandwife,,dont listen to this stinky donkey,,,hes an idiot,,just go ahead and check all that out and u will be fine,,,someone12 ,,i got a job for u and they offer good money too,,they need some stinky indians like u to scare the kids and they will pay u pretty good money ,,,and also they will offer u a hourse ,so u get back to ur tent,,good luck myhusbandswife
...................................................................................................................................... impossibility is a word found only in the dictionary of fools
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