how is it USCIS approves both petitions of one person, then only one petition of another..? I know that both of mine arrived at CSC at the same time...not like one was late getting there...Now I'm faced with one at NVC and wondering what's gonna happen with the other..Is there an expiration date on a I-130 petition?


I-130 Timeline:
4/03/07...mailed I-130 to TSC
4/21/07...I-797C NOA received
4/24/07...Check cashed
7/12/07...Received email saying "I-130 Approved"


I-129F Timeline:
4/23/07...mailed I-129F to Chicago
5/01/07...received NOA1 (dated 4/27/07)
5/03/07...touched
5/11/07...transferred to CSC
5/16/07...Received NOA1
6/04/07...touched (email saying Case is now pending)
6/05/07...touched
6/06/07...touched

I hate to be the one to tell you this, but normally when both forms are approved at the same time, they stop processing the I-130 and just hold it. Only the I-129F continues on because they assume you will be applying only for the K3 visa. It is ridiculously difficult to get the I-130 active again and transferred to the NVC. At this point, your best option is just to pursue the K3 visa. You can read the guides and other posts for more info but that's the basic idea.

I don't understand your statement!!!...You say "when both forms are approved at the same time"...Both of mine WERE NOT approved at the same time...and then you say "it is rediculously difficult to get the I-130 active again and transferred to the NVC"...I've already been notified that is being transferred to NVC in NH...are you saying that mine is inactive?

The responder misread your timeline. The I-129F will continue at its own speed. That they were not both approved is definitely unusual considering how close together they were filed. There have been some problems with notices lately. If I were you, I'd call NVC with both case numbers and see what they actually have on hand. Wait a week or so. It could be that both petitions are approved and you just don't know it yet. If so, the original response is correct.

No, I don't think lvivlovers misread. Since some time in 2006 USCIS decided that it was a waste of time to process both the I-130 and the K3 because the K3 always gets finished first.
So, if you file both, they now normally hold the I-130 to use for AOS after the spouse arrives on the K3.

Given that you have received notice that they forwarded your petition to VSC, it is strange.
It seems almost as if they have not actually processed your K3, so the CSC went ahead and processed your I-130.

No matter, I-130 is better anyway, so if it is going faster than your K3, just focus on the I-130.

Yes, that is normal but it is not what is indicated in the misread timeline.

"Thanks pushbrk !!!!"....still a little unclear..Anyways, I think I'm still in a holding pattern..I also think Credzba misread my post too...It was NOT transferred to VSC, but was Transferred to NVC in Portsmouth, New Hampshire..Now, I got a hardcopy in the mail stating "Approval of I-130...and has been transferred to NVC"..I have read here that it could take 2 to 3 weeks to get there and something about NVC updates every Tuesday...I have called the NVC automated response number, punched in my "WAC" number and it says there is no record of this file. So maybe it hasn't got there yet..PUSHBRK, do you think I'd get an answer about my I-129F if I called CSC?.

Yes. I did misread your post and thought you were saying both forms had been approved. That is the key. If both forms are approved at the same time, usually they will only continue with the I-129F under the assumption that you want to pursue only the K3 visa and will adjust status once in the USA. If the I-130 is approved ahead of the I-129F and forwarded to the NVC, then the I-130 and I-129F are on two separate paths. You can continue following the I-130 path at the NVC which will lead to an IR-1/CR-1 visa. Or you can wait for the I-129F to be approved and follow that path which will lead to a K3 visa. Depending on your situation, it may be best to pursue the I-130 since you don't know when the I-129F will be approved and then if the I-129F is approved you can decide which one you would rather continue with. The I-130 is generally a better visa in just about every way though...really the only downside I know of is that it has extra steps at the NVC so can sometimes take 2-3 months longer.

Based on the data in the may/june thread, dgv76, Divine Mercy, and Islachica are also in the same boat. All 4 of you should follow the advice above and hopefully we will learn something. Not that dgv76 and Divine Mercy have their 129F in Vermont. Islachica's in still in Chicago. So you are in the lead

Also, another member, RocksAnne, was in the same boat, but she got out as a nice cruise liner came and plucked her out, turns out she is a USC, so she didn't need a K3 or CR1

G&A, also note that michael_nc sent his petition in earlier than the other members you mention, so its kind of natural he should be in the lead. Medeval was truly the fastest of the I130 approvals only group.

I feel confused too, but this post helped me out too. Our 130 has been approved in 89 days but we never received the NOA1 so we filed the I-129F when the I-130 had already been approved. As far as I understand they will now both go their own way and we will pursue both to get whatever comes through first.

Regarding the CSC, we called over and over and never got an answer regarding the missing NOA1... well, good luck everybody

since there are so many of us in this situation right now I thought it would be a good idea to start a new thread for us all.. http://www.visajourney.com/forums/index.php?showtopic=79367