Full Version: Time consideration to reaaplication of I-130
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion
Hello to all VJ members.I am new here and I am glad to have encountered this site.It's very informative and enlightening.Here's my story...my husband flied and mailed together the I-130 and I-129f last January.The INS gave us a receipt for the I-129f but nothing for the I-130. We were thinking it was processed until recently INS mailed a letter to my husband informing him that they cant process the I-129f since "there's no pending or approved I-130".And it's been 7 months already.He then verified the check he issued as payment for the I-130 against his bank statement and realize that it was not deducted.I know we made a mistake of not cheking it earlier but we cannot undo what is past.May I know then if any members here can help or give us pieces of advice what to do next? If we reapply, how many days or months we should wait? Your knowledge will be of great help to us.We are very sad of the development but being here at Visajourney helps a lot.God bless to all VJ members and thank you in advance.
1) you can not file together, you must file the I-130, wait for the NOA1 with your case number on it, and then you file the I-129f with a copy of the noa1 as part of the required documentation.
2) You need to read the help here, and instructions carefully and you would have known #1 step. If you can not folow the directions easily, I suggest you hire someone to help. I tell you this because each mistake costs you much time as you see.
3) It is my opinion you can only start again. File the I-130, then when you get I-797C Notice of Action form (noa1) then you file the I-129f forms, and include a copy of your noa1 form.
4) The total timeline for wait varies by country. If you look at the time lines for people from your country doing the same process you can get an estimate. For me, my wife is from China, it will take me about 1 year for her to come home with me. It is too long, but nothing I know can be done.
'Credzba' date='Jul 19 2007, 05:41 PM' post='1059633'
1) you can not file together, you must file the I-130, wait for the NOA1 with your case number on it, and then you file the I-129f with a copy of the noa1 as part of the required documentation.
This is no longer correct. You can now file both petitions together and send them directly to the appropriate service center. That would be either California or Vermont.
2) You need to read the help here, and instructions carefully and you would have known #1 step. If you can not folow the directions easily, I suggest you hire someone to help. I tell you this because each mistake costs you much time as you see.
This is true but one must be aware of the most current procedures.
3) It is my opinion you can only start again. File the I-130, then when you get I-797C Notice of Action form (noa1) then you file the I-129f forms, and include a copy of your noa1 form.
You must start again but you can file both petitions together. The fees change July 30 but the new I-130 fee is 5 dollars more than the two fees together are now and the I-129F fee for K3 is zero.
4) The total timeline for wait varies by country. If you look at the time lines for people from your country doing the same process you can get an estimate. For me, my wife is from China, it will take me about 1 year for her to come home with me. It is too long, but nothing I know can be done.
Correct.
If I were you, I'd give careful consideration before filing the I-129F. It is not likely to save you more than a month or two (depending on the Consulate abroad) and the K3 ends up costing a lot more, particularly when you consider the applicant can't work until a few months after arrival. The I-130 alone results in a CR1, or IR1 visa which qualifies the immigrant to work as soon as they arrive and receive a green card within weeks.
1) you can not file together, you must file the I-130, wait for the NOA1 with your case number on it, and then you file the I-129f with a copy of the noa1 as part of the required documentation.
This is no longer correct. You can now file both petitions together and send them directly to the appropriate service center. That would be either California or Vermont.
2) You need to read the help here, and instructions carefully and you would have known #1 step. If you can not folow the directions easily, I suggest you hire someone to help. I tell you this because each mistake costs you much time as you see.
This is true but one must be aware of the most current procedures.
3) It is my opinion you can only start again. File the I-130, then when you get I-797C Notice of Action form (noa1) then you file the I-129f forms, and include a copy of your noa1 form.
You must start again but you can file both petitions together. The fees change July 30 but the new I-130 fee is 5 dollars more than the two fees together are now and the I-129F fee for K3 is zero.
4) The total timeline for wait varies by country. If you look at the time lines for people from your country doing the same process you can get an estimate. For me, my wife is from China, it will take me about 1 year for her to come home with me. It is too long, but nothing I know can be done.
Correct.
If I were you, I'd give careful consideration before filing the I-129F. It is not likely to save you more than a month or two (depending on the Consulate abroad) and the K3 ends up costing a lot more, particularly when you consider the applicant can't work until a few months after arrival. The I-130 alone results in a CR1, or IR1 visa which qualifies the immigrant to work as soon as they arrive and receive a green card within weeks.
Thank you so much for your replies.Those mean a lot to us.So, if the I-130 and I-129f can be filed together would that mean that they either lost or misplaced it? How can we track the application? Thank you in advance and God bless!
QUOTE(selawji @ Jul 19 2007, 06:59 PM) 
Thank you so much for your replies.Those mean a lot to us.So, if the I-130 and I-129f can be filed together would that mean that they either lost or misplaced it? How can we track the application? Thank you in advance and God bless!
It is not an application. It is a petition. You are going to have to file a new one. You will probably never know what happened to the first one.
QUOTE(selawji @ Jul 19 2007, 08:59 PM)
Thank you so much for your replies.Those mean a lot to us.So, if the I-130 and I-129f can be filed together would that mean that they either lost or misplaced it? How can we track the application? Thank you in advance and God bless!
Good advice here, huh?
I'm troubled by the black hole my cancelled petition is likely in - similar to your concern.
I was leaning toward both the I-130 and the I-129F, and paying the $200 (to somewhere?) to keep them both processing at the same time. But I still need to find out how to do it ahead of time to decide.
My wife-to-be will not need to work, we just want to be together sooner. We miss each other a lot. And the phone cards, airfare, and time off work are hurting my wallet anyway!
Tracking the application is online and from the number on the back of the cancelled check. It starts with 3 letters in CAPS.
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
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