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May 19, 2008: I-130 Pending, Will a K-3 Petition Speed up the Process?

I-130 Pending, Will a K-3 Petition Speed up the Process?

I filed a Form I-130 for my husband in September 2007 and received notification in January 2008 that it was received. I am checking processing times that are being posted for our processing center (Vermont) every month but it seems it will take forever until it is time for my petition to be reviewed (right now they are working on I-130’s filed in July 2007). I read on some websites that submitting I-129F (for K-3 visa) might speed up the process. Please advise if that is correct and smart move to do. Also please advise if there is a fee for submitting I-129F since we already paid the fee for I-130. Basically-how do I get my husband to United States fast and what does “fast” accutally mean? I greatly appreciate any answer you might provide. Thank you.
— Anonymous

You are welcome.

As you are experiencing right now, the petitioning process for a spouse can be painstakingly long. This is especially true because there is nothing that can be done to “speed u” the process. According to the most recent processing times chart (updated April 15, 2008) provided by the United States Citizenship and Immigration Service (USCIS) for the Vermont Service Center, it is processing I-130 petitions that were filed prior to July 30, 2007. It is important for you to realize that the “receipt date” on the I-130 receipt is the only date that matters. The “notice date” merely indicates when that receipt notice was issued. As a result, the September 2007 date, not the January 2008 date, on the receipt notice is what you need to be concerned about. It is impossible to predict with any amount of certainty when the Vermont Service Center’s processing dates for I-130 petitions will advance past your specific September 2007 date.

As for a K-3 nonimmigrant visa for your spouse, that visa also has waiting period. According to the same processing time chart as mentioned above, the Vermont Service Center is processing K-3 petitions filed on October 18, 2007. As a result, if you file a K-3 petition today, there will still be a long wait before it is processed. There is no filing fee for a K-3 petition when it is filed by the same petitioner who filed the I-130 petition. Before you file a K-3 petition on behalf of your spouse, or attempt to “speed up” the process in any other way, you should contact an experienced immigration attorney who is very knowledgeable in family based immigration to review your entire immigration case and to discuss with you all of your possible options.

Michael Shane and Evan Shane, Immigration Attorneys

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