Hi everyone,

I got the approval notices for my i-130 and i-129f applications today. From the notices, only the i-129f is being forwarded. The 130 notice says.

"The petition indicates that the personn for whom you are petitioning is in the United States and will apply for adjustment of status.....If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file form I-824 ..."

Question is, has anyone had any luck with the I-824 (option D) I just want to know whether it's really worth it at this point? Can I also call USCIS and tell them that they've made a mistake in thinking my wife is already in the U.S. and to simply forward it along to the NVC without having to take this extra time.

I know this process has been changed around october to perhaps speed things up, but shouldn't they let me choose without having to file something that NVC and VSC indicates them being 7 months behind in processing.

Has anyone had any luck wthi this? I really would prefer to have my wife come in with a CR-1 rather than a K3 and have to go through the AOS process.

Thanks

I still haven't seen a single one approved, but that's just me of course.

NY_IZMIR,

Why did you petition for a K3 visa if the immigrant visa is the one that you'd rather have?

Yodrak

I filed for the K3 after seing dismal processing times by VSC. I really really really need visa in my wife's hand by July because we're having a wedding reception overseas at the beginning of July and hope to come back to the states together afterwards. If the 130 was forwarded to NVC, then I thought I had a shot at getting the CR1 using James' shortcuts, hence my original question. But now that there's the additional 824 processing time added, I don't think we can make it anymore. I'm gonna call them tomorrow to see if there's a way they can fix their mistake. (Since there's absolutely no indication in any of my forms that my wife is in the U.S. which is the reasong they're citing for retaining the 130)

I just received an approval for both the I130 and I129f as well and the notice said the same thing about residing in the US. Our thought was to apply for both options and see what works out. Using the K3 would depend on if I can enter the US with the K3 and start the papers for the work permit yet keep my airline job in Canada and fly back and forth for work in Canada while waiting for approval. Has anyone else tried moving to the US and continuing to work in Canada? I don't even know if this is allowed. I hear they hold up the I130 awaiting further instructions from us when they know you have filed for the I129. What is the next step to get that I130 moving too?
Good luck!
Canadian girl

I called the USCIS today and talked to a 2nd level rep, and they said, yes the USCIS district office made a mistake, in saying the beneficiary was in the U.S. Told me that I had to file I-824. Then I said, well it's your fault, why should I have to file any more paperwork and money. Then he said, well I can't route anything from here. You have to contact the district office (VSC in my case) and today I sent them a letter stating my case. We'll see what happens.

You know, I was confused too when I got that letter. But I found out that since the change in procedure in processing I-130s & I-129Fs in the end
of October 2006, what is happening now is that the VCS is approving both at same time, forwarding them together to the NVC. Then, the NVC is
assigning a case number and only forwarding the I-129F (K-3) to the embassy abroad, and hold onto the I-130 until your spouse arrives in the USA.
You will then file an Adjustment of Status to recieve her greencard. Because you filed both, they assume you want to take the K-3 route.
I am not sure how long it will take to get the greencard after filing the AOS, maybe up to 6 months or maybe less... I am not sure because this is
a new process that the NVC is doing and those people who filed their I-129F petitions at that time are now receiving approvals and being forwarded to embassies. We'll just have to wait until the people who have arrived to USA on K-3 to hear what their experience is with receiving their greencards.
My guess it will take less time than before. Since prior to October, it was taking 6-8 months to get K-3 visa, now it is taking 6 months or less.
I wouldn't worry about filing the I-824, it may hold up your wife's visa... I would just take the K-3 route, bring her to USA on non-immigrant visa
and file AOS.

I hope this information is helpful!
Dayna

Dayna,

I'm afraid you've been somewhat misinformed. The new USCIS policy results in the USCIS retaining the approved I130 and not forwarding it to the NVC at all.

AOS may take 6 months, but for some people it takes years stuck in administrative processing. I'm not sure why AOS would be faster under the new policy?

I basically pointing this out because although the I824 doesn't seem like a good option, I don't see how it can interfere with the continued processing of the I129F because it will already be at the NVC and not connected with the I130 or I824 through USCIS.

But once the I130 is retained, I would still give the same advice as you and just pursue the K3

Yikes.... are you thinking, Riblet, that all of our I130's are now lost in limbo and our only choice is a K3? I just finished trying to understand the flow chart and James's shortcuts but does this new process means none of that will happen for me now? should I still try to see if NVC gives me a case number so I can follow the same timeline you did ie. case number followed by DS3032 and AOS fee bill or has all of this system been replaced with filling out this new I824 thingy. Help confused and scared!

The I130 should only be retained if the I129F is approved before or at the same time as the I130.

USCIS now assumes that anyone who files the I129F would prefer to pursue the K3, so the odds are that your I130 will be retained.

I'm slightly confused by your post, have you been approved yet?

Oops ..sorry to be confusing. I was a bit panicked by NY IZMIR's news. I HAVE been approved for both the I129 and the I130 at the same time from the California Service Center. I thought they were both then going to the NVC and I would follow the NVC flow chart from here on for the I130 and also follow up on the K3 to see which would happen quicker. My husband phoned to say the same notice arrived in the mail today that NY IZMER received ....saying the beneficiary was in the US and to apply for an I 824 if I needed to apply for a visa outside the US. I was wondering if that meant they have made a mistake with our petition and we cannot follow the usual I130 procedures...as you have. Do you think they have retained it in California and it's just a matter of contacting them and telling them to forward it to the NVC?

Unfortunately that notice indicates that your I130 has been retained based on the new policy, and the only way to have it forwarded is to file the I824, which I have yet to see approved for anyone. They have basically made the choice for you that you will enter on K3 and adjust status in the U.S.

riblet,
i must have been confused with what was told to me... i cant remember who it was on here who translated what the approval letter for
I-130 truly meant. i know that someone had said before that it is retained, but i guess i confused USCIS with NVC.
all i know is that my husband is going to continue with the K-3 then file AOS once he arrives to USA, since now that we filed the K-3
the I-130 won't be forwarded to the embassy abroad unless we file I-824.
right now, all i can concentrate on is the upcoming interview... this whole immigration/non-immigration/I-130/I-129F/K-3/AOS/etc/forms forms forms!
is making me go crazy! hahahah

It's making me crazy too Dayna...hang in there! I spoke with a US Immigration officer at the Toronto airport today to ask if I could enter the US on my approved K3 (activate it)and start the process to obtain permission to work (which I think is an EAD?) but return to Canada to continue working in the meantime. Technically my residence would be the US but he said the K3 would let me go in and out of the US as much as I need to continue to work in Canada until my work authority in the US comes through, followed by a transfer to the US with my company. I know this won't help those of you with long distances to travel to be with your loved ones. But for those who can visit frequently, like me, this might be an option to get the ball rolling and not have to quit your job and have no income during your wait for the EAD to be approved. I am counting on what the Officer said to be true!!
Monica