I have originally filed for a K-3 but switched now to CR-1. After a long and protracted struggle I finally
was able to obtain paperwork from my attorney. I am worried about the wording on the approved
I-130 petition, I think, it already told me in Sept 6,2007 that the K-3 would go nowhere, meaning I
wasted nearly 7 months. But my legal English knowledge is not so good, therefor I hope some of you
"oldtimers" can shed light on this and tell me if I am right or wrong. I especially worry about the ineligibility
to adjust status, what does that mean? And the person we are petitioning for was/is not in the US, don't
understand that.
Here is what the approved I-130 said :
"The above petition has been approved. The petition indicates that the person for whom you are petitioning
is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not
eligible to file an adjustment of status application. This determination is based on the information submitted
with the petitions and any relating files. If the person for whom you are petitioning believes that he or she
is eligible for adjustment of status, then he or she should contact the local INS office for more information.
Because the person for whom you are petitioning is not eligible to adjust, we have send the approved
petition to the Department of State, NVC, NVC processes all approved immigrant visa which consular post
is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that
consulate.
This completes all INS action on this petition. If you have any questions about visa issuance please contact the
NVC directly."

For whatever reason they thought he was here and on a visa you can't adjust from here. What they are saying is that they approved it and it will go to the embassy in his home country ( I am assuming that he is the benificary )

That's how I read it as well. However, my attorney filed for the I-129F after this approved I-130 was received. I
wonder now, if the reason nothing ever happened is because the form states "this completes INS action".

It is being passed off to the consulate which isn't the INS.

The letter clearly says: "the petition indicates". So check out what you wrote precisely on this form, and i'd specially look at question 22. I think this refers to that.

This letter also sounds familiar, I am positive this has already come up in another thread but I cannot find it.

I do indeed think that one the I-130 is approved, there is no point in still filing the I-129F for K-3 (since that form was particularly intended to shorten time at USCIS).

Good luck.

Also, have you contacted NVC already and are you in the process of submitting your paperwork? The letter states it was sent to NVC.

I'm sorry if this sounds harsh but it is very important. You must disregard every previous reply in this thread. They are all dead wrong.

The notification is indeed confusing but we've seen it many times since November, 2006. It's the wording they use when they are holding your I-130 in the expectation your spouse will enter on a K3 visa and then adjust status. What indicated this to them is the filing of the I-129F for spouse.

If you compare this notice to the one for your I-129F, you should see that the other one says the petition will be sent on to the Consulate abroad. Actually it will be or has gone through NVC on the way.

Please read the Nov. 14, 2006 press release at this link.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

I'm sure this has been posted more than a hundred times, as has the following sentence.

If you want an immigrant visa, don't file an I-129F for spouse.

YouToo,
I am so dissapointed to hear this. This notice of action usually signifies that your I129f petition was approved either prior or along with your I130. This means your documentation for you I130/CR1 was never forward to the NVC. Have you checked the status of you I129f?

You need to get right on this by first seing if your I129f had been approved and forwarded. If this was the case your embassy would have this petition by now, plus you should have been notified. I know you said in the past that time was more important then money. The CR1 is much better then the K3 as I explained to you in the past. But if your I129f had been approved that would have happend when or prior to your I130.


You need to contact the USCIS to have your I130 pettion removed from storage and forwarded to the NVC if your I129f has not been approved.

Good luck

The I-129F was filed after receipt of this notice. The attorney says he never received a receipt number
from USCIS. Nothing has happened to that I-129F since it was filed in Sept of last year and I now have started the
CR-1 process. I guess, though, that the K-3 process is still underway and pending somehow. I just think this is very, very strange and am not sure, what the notice really means and how to interpret it.

I am obviously not a seasoned VJer, so I shouldn't have responded to this thread in the first place. Sorry about that, Youtoo.

But Pushbrk, about your previous post:



How can this be the case, when his attorney only submitted the I-129F petition for K-3 AFTER this approval for I-130 was received?
If the I-129F wasn't even filed when USCIS made this decision, how can the I-129F have already (preemptively?) affected it?
As I said, I have not followed this in past years, as some of you have. But it seems logical that the answer can only lie in what was written on the I-130 petition, no? How do you explain this?

It's a good question. I expect the answer lies in some error by his attorney or in some errant information posted here. The wording on the NOA2 definitely indicates there is no I-130 CR1 process alive and moving at the moment the notice was printed.

We have a language barrier here, so no doubt there is some confusion.

There is definitely confusion about the exact facts.... what I gather from the previous posts is:

- The I-129F was only sent in after I-130 approval so he didnt apply for K-3 but for IR-1/CR-1
- After USCIS had approved the I-130, his attorney sent in the I-129F petition (I really wonder why)

Pushbrk, the I-130, when I read the quote of the first post again, states that it was sent to NVC. What do you mean the wording of the approval notice indicates there is no I-130 CR-1 process alive? (why would they say they send it to NVC, if they really keep it at USCIS level?)

Also Youtoo mentioned he has now started the CR-1 process. He could only do this if he has heard from NVC no?

I think the solution in all of this lies in going back to the basics: Youtoo, where in the immigrant visa process are you now? Have you received a case number from NVC etc? If you say you have started the CR-1 process, what do you mean precisely?
And what I really cannot figure out is, have you been waiting all this time for approval of your I-129F, even though your I-130 was already approved in September? If so, why?

I just looked at your timeline Youtoo (hadnt done that before, sorry about that), so never mind my previous question about where in the process you are.
I see you are at NVC level and have already paid your IV Bill.
So at least you should be moving along quite fast now (since in the past weeks NVC seems to be moving so much faster, judging from Loto's (and others') posts.

I still do not understand why your attorney has only submitted I-129F after I-130 approval (seems pointless) and why you have waited all this time to proceed with your immigrant visa process, even after your I-130 was approved and your case was passed to NVC. But I truly hope you'll get your visa soon!

Best of luck

Crap! Some of the confusion is coming from me because I responded after only reading the first sentence.

"The above petition has been approved. The petition indicates that the person for whom you are petitioning
is in the United States and will apply for adjustment of status."

However, the statement goes on to say the case was sent to NVC. The K3/I-129F is a dead issue because it was filed after the I-130 was already approved.

What is the attorney doing about the correspondence from NVC? Probably ignoring it waiting for an I-129F approval that will never come. Sad situation but we covered this for Youtoo months ago.

That is correct. Even now the attorney tells me that he is confident the I-129F will be approved any day now;
that's 8 months after he filed. He never encouraged me or even suggested an option to file for the CR-1. I
decided on this by myself after trying to educate myself on VJ.com. It seems that was the smarter option,
yet as mentioned I lost 8 months in the process because the way I read it the approval notice, I should have
filed for CR-1 right then and there. I feel encouraged by all your responses and thank you all for your patience.
Let's hope that this is one of my last posts before the journey has reached it's destination.

Sorry, was too late to edit my post but I wanted to know if this wording is the standard on an
approved I-130 form or is it different case by case?

As I'm sure you've been informed multiple times, the CR-1 visa results from filing the I-130 alone, so it is in fact the initial path you took. It was only months later after the I-130 was approved that you filed the I-129F for K3.

I think your lawyer has been ignoring the correspondence from NVC about your CR1 visa path because he doesn't understand the I-129F will never be approved.

Let me guess, the lawyer already has all the money he's going to get, so he has no motivation to follow through with anything at this point.

I've seen two standard wordings. Yours doesn't match either. That's why I think your lawyer made a mistake in the initial filing that gave the impression your spouse would adjust in the US. So, they're telling you that you said she would adjust in the US but she isn't eligible so they forwarded the petition to NVC. I'm willing to bet anything your attorney has heard from NVC and ignored their correspondence.

If you don't get control of this process for yourself, absolutely no progress will occur.

I really think, like I wrote before, that this might be a consequence of what was filled in in question 22 of the Form I-130. This question says:

"Complete the information below if your relative is in the United States and will apply for adjustment of status". Is it possible this item 22 was filled in anyway? It would make sense that USCIS would consequently say: "the petition indicates" (etc).
In this item, you can fill in the USCIS office in which your relative would apply for adjustment of status.
It also says: "If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in (to be filled in).
Again, I am a newbie at this, but what was filled in here probably caused the wording of your approval notice.

About your attorney: you should ask him this question: what was the point in filing an I-129F petition only after the I-130 was approved? If you were going for K-3, then why didn't he file this petition immediately when receiving the I-130 NOA1?

In any case, I'd say he should have followed this up more closely. There is no excuse for this waste of time, and waiting for an I-129F approval that - as Pushbrk said - will probably never come (you also said that according to your attorney, he didn't even get an NOA1 for it?).
If he on top of this also ignored NVC correspondence, as Pushbrk suggests, then that's unbelieveable. He should have at least discussed all the options with you.

I of course don't know the particulars about your case. But i'm an attorney myself (albeit not a US one) and stories like these make me angry. They give all of us a bad name. If you do a job, then do it well or don't do it at all.

I really think, like I wrote before, that this might be a consequence of what was filled in in question 22 of the Form I-130. This question says:

"Complete the information below if your relative is in the United States and will apply for adjustment of status". Is it possible this item 22 was filled in anyway? It would make sense that USCIS would consequently say: "the petition indicates" (etc).
In this item, you can fill in the USCIS office in which your relative would apply for adjustment of status.
It also says: "If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in (to be filled in).
Again, I am a newbie at this, but what was filled in here probably caused the wording of your approval notice.


Item 22 is only filled out saying : If your relative is not eligible......and says consular post : Tokyo, Japan.

About your attorney: you should ask him this question: what was the point in filing an I-129F petition only after the I-130 was approved? If you were going for K-3, then why didn't he file this petition immediately when receiving the I-130 NOA1?

He states that he never received NOA1 on the I-130, therefor had no file number to reference the I-129F to.


In any case, I'd say he should have followed this up more closely. There is no excuse for this waste of time, and waiting for an I-129F approval that - as Pushbrk said - will probably never come (you also said that according to your attorney, he didn't even get an NOA1 for it?).
If he on top of this also ignored NVC correspondence, as Pushbrk suggests, then that's unbelieveable. He should have at least discussed all the options with you.


[font=Comic Sans MS]He has mailed all paperwork to me now, however, no NVC correspondence is included.[/font]

I of course don't know the particulars about your case. But i'm an attorney myself (albeit not a US one) and stories like these make me angry. They give all of us a bad name. If you do a job, then do it well or don't do it at all.
[/quote]

[quote name='pushbrk'

Let me guess, the lawyer already has all the money he's going to get, so he has no motivation to follow through with anything at this point.
[/quote]

You are right, again! He has all the money and shows absolutely no incentive to help out any further.
I hope and hope that my CR-1 application will go through without any problems. When everything is finished and I have returned to the U.S. I intend to take him to court and get my money back.

Then it is time for you to take control of the process by calling NVC about the status of your I-130.

Call them at 603.334.0700 then use menu options 1 and 5 to talk to a real person. Have that NOA2 in hand when you do. Please let us know what you find out.

Thanks. I will do that and will post results. Again, I am most grateful for all your help!!!