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Fahad S
All -

I am looking to get some clarification. I understand what consular processing is. My question is on how to properly request consular processing when submitting the I-130 and I-129F together. I do not want my I-130 withheld at the USCIS office for the AOS later on. Instead, I would like my I-130 to get forwarded to NVC in case it gets approved prior to the I-129F getting approved.

Two questions stem from this:
1) How do I request consular processing? There's no box or section on the I-130 that allows you to designate your preference.
2) What are the drawbacks of consular processing? Will my wife and I still have the option of choosing whatever visa (K3 vs Immigrant) we want for her, if both petitions get approved together and are forwarded to the NVC?

Any clarification/guidance will be greatly appreciated!

Thanks,
Fahad
YuAndDan
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.
Fahad S
QUOTE(YuAndDan @ Oct 18 2007, 06:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


Thanks!

At what point do I file the I-824 to get it moved to NVC?
YuAndDan
QUOTE(Fahad S @ Oct 18 2007, 07:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 06:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


Thanks!

At what point do I file the I-824 to get it moved to NVC?
After you have NOA2 for the I-130.
Fahad S
QUOTE(YuAndDan @ Oct 18 2007, 08:09 PM) *
QUOTE(Fahad S @ Oct 18 2007, 07:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 06:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


Thanks!

At what point do I file the I-824 to get it moved to NVC?
After you have NOA2 for the I-130.


Thanks!
Fahad S
QUOTE(YuAndDan @ Oct 18 2007, 08:09 PM) *
QUOTE(Fahad S @ Oct 18 2007, 07:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 06:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


Thanks!

At what point do I file the I-824 to get it moved to NVC?
After you have NOA2 for the I-130.


Thanks!
pushbrk
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.
Fahad S
QUOTE(pushbrk @ Oct 18 2007, 10:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.


Yeah, I was thinking about writing it on the top of the petition and on the cover letter, but am afraid that they might reject my application if I write on the top. They might see it as clutter or not meeting requirements. Just what I was thinking...

Has anyone written on the I-130 that they are "Requesting Consular Processing" and had their petition rejected for having writing on the petition other than in the designated sections?
YuAndDan
QUOTE(pushbrk @ Oct 18 2007, 10:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.
One member on CFL just had the I-824 approved and the I-130 moved on to NVC, it took USCIS 6 Months to approve the I-824.
pushbrk
QUOTE(Fahad S @ Oct 18 2007, 07:47 PM) *
QUOTE(pushbrk @ Oct 18 2007, 10:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.


Yeah, I was thinking about writing it on the top of the petition and on the cover letter, but am afraid that they might reject my application if I write on the top. They might see it as clutter or not meeting requirements. Just what I was thinking...

Has anyone written on the I-130 that they are "Requesting Consular Processing" and had their petition rejected for having writing on the petition other than in the designated sections?


No such reports.
Fahad S
QUOTE(pushbrk @ Oct 19 2007, 11:36 AM) *
QUOTE(Fahad S @ Oct 18 2007, 07:47 PM) *
QUOTE(pushbrk @ Oct 18 2007, 10:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.


Yeah, I was thinking about writing it on the top of the petition and on the cover letter, but am afraid that they might reject my application if I write on the top. They might see it as clutter or not meeting requirements. Just what I was thinking...

Has anyone written on the I-130 that they are "Requesting Consular Processing" and had their petition rejected for having writing on the petition other than in the designated sections?


No such reports.


So I have decided that I will pursue the K3 route for my wife. From all the reasearch that I have done, members I have contacted, it seems that the approval of I-824 might just make the case drag on. I want to thank every one who has answered my questions thus far! Good luck to us all!

-Fahad
Haole
QUOTE(pushbrk @ Oct 18 2007, 04:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.

Yo Pushbrk!
Could you please give me the USCIS link about holding back the I-130s. Can't find it and I think you posted it once.
Salamat po!
Cetin Tonya
Yeah, I am going to just deal with the extra fees and go with the K3 when it come. I filed for both. We can't take the waiting. I am making my third trip back there in a week, thank goodness for a forgiving job and boss!!!!

But I am not going to risk this dragging on and on. When the NOA2 comes on the K3 we are going to proceed with that... After all as long as it is taking, that is hard enough to deal with...

Good luck everyone, and let's hope for more approvals soon...
pushbrk
QUOTE(Haole @ Oct 19 2007, 12:45 PM) *
QUOTE(pushbrk @ Oct 18 2007, 04:05 PM) *
QUOTE(YuAndDan @ Oct 18 2007, 03:35 PM) *
1) You do one of 2 things, you don't file the I-129F for the K-3, and let the I-130 process for IR-1/CR-1 OR you file I-824 to get the I-130 moved on to NVC for consular processing.

2) No drawbacks, the interview results in an IMMIGRANT visa which results in a green-card upon entry to the USA. K-3 has Adjustment of status and EAD to deal with ($1010 FEE)

The Immigrant visa is the better choice, but tends to take longer to process.


We really don't have any success stories for anybody requesting Consular filing at petition submission when both I-130 and I-129F are filed. (together or I-129F soon following)

What I have suggested recently but have no result for is to write in bold red ink at the top of the form, "Consular Processing Requested" and then also mention it in bold print in the cover letter. If that doesn't work, I don't know what will.

The I-824 is the solution when all else fails but that has been taking several months. You really want to take a hard look at whether to file the I-129F at all.

Yo Pushbrk!
Could you please give me the USCIS link about holding back the I-130s. Can't find it and I think you posted it once.
Salamat po!


More like once a day for a couple months but yeah, here it is again.

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