I have been reading through these forums and would like to thank all those who contribute their valuable time trying to help others.

This is my first post so let me start by including my timeline:

02/17/2007: Got married
04/11/2007: Mailed I-130 to Texas Service Center (USPS Express Mail)
04/12/2007: I-130 received by TSC (Delivery Confirmation)
04/25/2007: $190 check cleared
05/21/2007: Called USCIS 800 customer server number to find out why I have not yet received the a receipt for my I-130. Was told to just hang in there and it should come by June sometime. They said a receipt is not generated yet.
06/01/2007: Called again and was again told that a receipt was not even mailed yet but they will go ahead and get a duplicate issued so I can file K3. I was told that I should get the duplicate receipt within 5 business days.
Current: Still waiting for NOA1 for I-130 so I can file K3

In short, I have been waiting since April 12 for USCIS to send me a receipt for my I-130 application so that I can file K3 for my wife. It has been well over a month since they received my application and since they cashed the check for the I-130 application fee. I had to call the 800 customer service number to find out that the stamped numbers starting with letters WAC on the back of my check is my case number.

When I pulled its status on USCIS website on 05/21/2007, this is what it read:

Receipt Number: WAC 07149XXXX

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Approval notice sent.

On April 27, 2007, we mailed you a notice that we have approved this OS155A IMMIGRANT VISA AND ALIEN REGISTRATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I was not sure how it could be approved so fast so when I initially called USCIS (on 05/21/2007), they told me to just ignore what the case status page says and wait for a receipt to file my K3. However after a couple of days, the case status started showing following text and still reads this:

Receipt Number: WAC 07149XXXX

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On April 24, 2007, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

My question is: How long should I wait for the I-130 receipt? What are my options if I do not receive the receipt (NOA1) for I-130 at all? I have already confirmed they have the correct address for me so it is definitely not lost in the mail.

Also, I have read conflicting information about whether I should be able to file a K3 without the copy of actual NOA for I-130. USCIS own website and the instructions for I-129F states that I should include "evidence" that I have filed I-130 – it does not specifically ask for a receipt notice. Another immigration portal site (Link here) says that I should include "Copy of evidence that you filed Form I-130… Preferably, I-797C, Notice of Action, Receipt Notice"

Don't I have sufficient evidence since I already have a case number that I can check status for? Should a print out of case status from USCIS website and copy of both sides of the check be sufficient evidence? Is there anyone who has filed I-129F without sending copy of I-130 receipt? Should I indefinitely just wait for the I-130 receipt before filing I-129F? I need some suggestions and guidance from everyone here.

Thanks in advance!

Tareq,

If I were in your situation and wanted to pursue the K3 route I would not wait any longer for a Receipt Notice for my I-130. I would include a photocopy of the I-130 on-line status notice, a photocopy of the I-130 petition (perhaps even a photocopy of the entire I-130 submission), and a letter of explanation with the I-129f in lieu of a Receipt Notice.

Yodrak

I would print a copy of the status notification with the case number to use in place of the notice you didn't receive. In your cover letter, just include a short not indicating you never received the notice mentioned and file and list what you are using for evidence of filing.

Yea, at the worst case they will issue you an RFE to send your NOA1, you can send it then, atleast you will be earlier in the line than if you wait till you recieve your NOA1.


Good luck

I'm in the exact same situation as you. I'll be watching the response to get guidance.

Thanks for those who have responded so far. I will wait and check mail today and if I do not receive NOA1 for I-130 even today, I will go ahead and file I-129F on Monday with the following:

• Form I-129F with its application fee.
• Cover letter stating that I am including evidence that I have filed I-130. As evidence, I will include following:
  1. Print-out from USCIS case status website for my case that includes my I-130 case number
  2. Copy of both sides of the cashed check showing I-130 application fee was received by USCIS on April 25, 2007
  3. USPS delivery confirmation that I-130 was delivered on April 12, 2007

All other required documents that normally go with I-129F for a spousal K3 application.

What do you all think?

Hi iray,

When did you file the I-130? Please give us your timeline. Did you send your application to the Texas Service Center?

Thanks!

Tareq,
I filed the I-130 on April 26 (Nebraska Service Center). I basically went through the same senario as you. I have the online status report that says they received my I-130 on May 21. Although I have the postal receipt that shows they got in Apr. 26. I also called, and they say "wait 30 days".
I'm thinking the same as you. If I do not get anything in the next two days, I will file the 129 with the same evidence that you mention.

Keep me posted.

iray,

Point of clarification: The postal receipt tells you when USPS delivered it to the mailroom. The online status report tells you when a clerk opened the package and logged it in. Usually these dates may be a day or two apart, perhaps your package was lost in a corner somewhere for a while.

Yodrak

Yodrak
Thanks for that info. Yeah, my package was lost in a corner somewhere for almost a month!!

Tareq, Nice thread and very thorough explanation. I am not going to wait as long as you did if i am faced with the same situation. I will wait 30 days and then file for K3 with evidence assuming i can get the case number. Is there any other way of getting the EAC/WAC number if the cash has not been cashed after 30 days?

PS There are many cases when the check is cashed after delivery of NOA1.

Personally, I would have hoped to saved and made notarized copies of all my petition
and placed the copies as I had needed to. Then I would have called them until they said stop, while I would be contacting my senator or congressperson.
I would get all the assistance that I could get.

Hi,
You probably will not have to wait so long for your NOA1. I see that you mailed out the 130 on May 30, and they have been catching up on their receipting at CSC (many april filers in the April filers thread waited 20+ days for the NOA1, but they came in). The USCIS is saying they will be issuing NOA1s in a timely fashion gain by June 15 from both CSC and VSC. Hopefully, you'l get your's soon.

If your check has not cashed, more then likely you are not in the system, and calling USCIS will not help. For me, I got both of my NOA1s within 3 days of the check clearing. Remember, there is a slight delay (2-3 days) between when USCIS deposits the check and your bank will report it online or in a telephone system as having cleared. Once the check clears, you can call USCIS and they will (if the CSR is nice enough), give you your receipt number over the phone if don't have your check image available.




As for Tareq, you probably waited longer than you should have before pursuing other options. The USPS does not take that long to deliver mail, and once the check was deposited, they put you in the system, but they failed to get the NOA1 out to you.

You are right! I should have filed the day I found out about my case number. I kept thinking that it is USCIS and they are slow so maybe I would get my NOA1 in the mail today but that never happened.

Reason I am in a hurry is because I am planning to visit Pakistan in December and I want to have the visa stamped on her passport so that she can tag along when I come back.

I am ready to file I-129F on Monday without the NOA1. I'll see what happens. Hoping that since I am including enough evidence that I have already filed an I-130, they should not be picky about the NOA1 which they never sent me. I am realizing that if I wait any longer, who knows if they will ever send an NOA1. I have read here that another person got their NOA2 but never received their NOA1. So it's useless to wait because I want to pursue K3 and not CR1/IR1

Yes I would do the same thing so that way you dont have to delay your I-129F. The worst thing they can do is send it back to you stating what documents are insufficient. Give it a try and inshallah everything will be fine.
I also agree with you this is one of the best forum's in regards to gaining knowledge and support from everyone on K-3 and other immigraton processes.
Keep up the good work everyone.

Why would you want a K3 instead of a CR? CR is a MUCH better visa by FAR. Processing times on the CR are almost as fast as a K3 PLUS no need do AOS.
Believe me you will regret it like I do as we went thru hell adjusting status. No need with the CR-1.

Also sometimes USCIS outsourcing company makes mistakes to handling mailing.
And there is slight chance that when they forward the I-130 package from NSC or other service center to California Service Center, they make some mistake by placing the package mising or somewhere else.
If I remember correctly, last year or a couple of years ago, US CIS lost a couple of ten thousands petitioned paperwork from outsourced mail processing company or something like that.
When I looked at timeline, it seems they generated I-797 NOA1, and then deposit the check for processing fee at next day or so.

I want to get her here with me ASAP so it really does not matter which visa it is. I can wait for AOS while she is here with me, at least we will be together. I am pursuing K3 because we have not lived together since I came back right after marriage to process the paperwork. I am not sure what kind of evidence they will require to prove we are living together (which we are not because I am here in the US and she in Pakistan). But at this moment, I am just filing both K3 and CR-1 so whichever gets processed faster, I will pursue that one.

Tareq,
I'm in the same situation as you. Did not receive 797 for the I-130. I went ahead and filed the I-129F anyway on 6-12. I just got the 797 NOA1 for my I-129F today! Maybe your got yours today also?

not so good news..

Since i did not get the NOA1 today, i was bummed and decided to give them a call. Was told that it was mailed 9 days ago. I told them i did not get it. Was then told to wait 45 days. I explained that i need the NOA to file the I-129F and asked if i can use the check, case # and the printout from the site. she checked with a supervisor and the answer was NO. need to wait for the NOA!