Legal Question in Immigration Law in New York

i have filed an i 130 form for my spouse and i want to get him here as soon as possible. i have heard about the k3 form and it coud speed his time to come in, bit i saw some comments online that say the k3 takes about the same time and has more paper work involved. so i am a little doubtful on weather to do it or not. can you tell me approximatly how long it takes for a k3 form and how long it takes for an i130 until my husband comes into the states.

ps i have already sent my i130 on march 7, 2013 and the package was deliverd to the uscis on march 13, 2013. i havent recieve any kind of form from them that says they have received it. i tracked my package online.


Asked on 3/15/13, 10:55 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Please refer to the U.S. Department of State website for further information (http://travel.state.gov/visa/immigrants/types/types_2993.html):

"When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition."

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Answered on 3/16/13, 8:36 am


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