Just got off the phone with immigration officer... What do you think about this?

[jameswhunt 12]

Before my wife and I got married we filed a I-129F petition for alien fiancee. It got approved in October 2014, but we got married in December 2014 prior to completing the application process.

I called USCIS to inform them and see what I needed to do. I was told that because we got married the I-129F was no longer valid and I need to submit I-130.

We submitted that application and it's now been about 6 months since we filed.

I called earlier to check on it and they brought up the I-129F. They said that since we got approved I should call NVC regarding her visa... I told them about how we were told it was no longer valid because we got married and that we were instructed to file an I-130. The person on the phone said that we should proceed with the I-129F.

They then transferred me to an immigration officer and she basically told me the same thing--that we could follow up with the I-129F in order to bring Rebecca to the United States (she lives in Canada).

I'm honestly so confused by all of this...

I thought that the I-129F was no longer valid because we got married prior to completing the application (although it was accepted by USCIS).

Any ideas?

[Amhara 460]

I could be wrong, but I really think your original Form 129-F is invalid because neither one of you are free to marry (despite being married to each other). They may be thinking that you can treat this as a K-3? Is that possible? I don't think so....

I am 99.999997% sure the latest information you got is wrong and that your first petition is invalid.

[usmsbow 795]

I think you needed to withdraw your I-129f petition. Did the US consulate ever contact you about your I-129f petition?

[tasakchy 9]

Yea, they may think you are filing as K-3 but to do that you would've had to submit the I-130 first and then the I-129F. That would allow your spouse to enter the US as a non-immigrant and then wait until the I-130 was approved so they may obtain a GC.

I'm pretty sure your I-129F is invalid as well.

Did you withdraw your I-129F application at USCIS once you got married?

[Shauna&Wael 211]

Wait, please clear this up. Your petition was approved, but she didn't have her interview at the consulate yet, right? If that's the case, you're correct, the petition is invalid. The point of the K-1 is to get married on U.S. soil.

[Hypnos 6,576]

As stated, your I-129F was invalidated as soon as you got married. The cleanest method is to formally withdraw it by sending a certified letter to wherever it's living right now, although you can probably just do nothing and let it wither on the vine all by itself.

The I-130 CR-1 visa process is what you need to proceed with now. It will be around a year until the visa is approved.

[arken 4,197]

Even though the first petition is invalid, USCIS cannot simply ignore 129-F and process i130 because USCIS had already submitted all approved 129-F related documents to NVC before it got i130 application. Now you have to follow up with NVC which will definitely not allow your wife to show up for interview and the it will send back documents back to USCIS mentioning that 129-F is no longer valid due to the marriage. Unless USCIS receives back something from NVC regarding 129-F, it cannot process i130.

Edited July 22, 2015 by arken

[jameswhunt 12]

Wait, please clear this up. Your petition was approved, but she didn't have her interview at the consulate yet, right? If that's the case, you're correct, the petition is invalid. The point of the K-1 is to get married on U.S. soil.

Yes, this is correct. That's what I initially thought, which is why we filed the I-130.

I didn't contact NVC to withdraw the petition because USCIS told me I didn't need to.

[iszco 0]

Don't fellow what they are saying now because you both are married at the moment and embassy will prefer to use i130 approved than 129.f approved. Contact the embassy first.

[tasakchy 9]

You're actually given 1 year to follow up with and comply with all USCIS/NVC notices so that's probably why the petition is still open. I think it's best to withdraw the I-129F application now so the USCIS can continue with the I-130.

[jameswhunt 12]

I just spoke with another immigration officer and she told me she could put an expedite request in on our I-130 based on the previously approved I-129F but that our I-130 should be approved in the next 13 days based on processing times so it would actually take longer to approve the expedite...

Half of the people I speak with at USCIS say that the I-129F won't matter because it is invalidated based on my I-130... The other half say I should follow up with the I-129F. Either way, it's nearly impossible to get NVC on the phone so every time I try to call I just get an answering machine. I didn't want to submit the I-129F case through CEAC and pay the fees if the I-130 is what we have to go with...

[usmsbow 795]

I just spoke with another immigration officer and she told me she could put an expedite request in on our I-130 based on the previously approved I-129F but that our I-130 should be approved in the next 13 days based on processing times so it would actually take longer to approve the expedite...

Half of the people I speak with at USCIS say that the I-129F won't matter because it is invalidated based on my I-130... The other half say I should follow up with the I-129F. Either way, it's nearly impossible to get NVC on the phone so every time I try to call I just get an answering machine. I didn't want to submit the I-129F case through CEAC and pay the fees if the I-130 is what we have to go with...

Yes, half (or more) of the USCIS people don't know what they're talking about.

The only following up I would do with the I-129f is to contact the consulate and tell them you would like to withdraw the petition since they're the ones that should have it now.

Did you ever get a letter from NVC with your case # on it?

[jameswhunt 12]

Yes, half (or more) of the USCIS people don't know what they're talking about.

The only following up I would do with the I-129f is to contact the consulate and tell them you would like to withdraw the petition since they're the ones that should have it now.

Did you ever get a letter from NVC with your case # on it?

Hi,

When you say contact the consulate, do you mean the Canadian consulate that would be conducting the interview?

No--I didn't get a letter from NVC but that's most likely because I changed my address without notifying them. After I was told by USCIS that the I-129F no longer mattered I disregarded that application and proceeded with the I-130.

[Hypnos 6,576]

I just spoke with another immigration officer and she told me she could put an expedite request in on our I-130 based on the previously approved I-129F

I doubt this expedite request would be approved.

[jameswhunt 12]

I doubt this expedite request would be approved.

She said that the expedite request inquiry would get a response in 30 days, but that it could lengthen the processing time due to the fact that my case should be processed within the next two weeks. I told her not to file the expedite.

All I'm concerned about is whether or not my previous I-129F is going to cause problems. I contact USCIS about this in the beginning and they are the ones that told me to not worry about it because the I-130 would "cancel out" the I-129F. Now I'm not sure and they seem to be going back and forth depending on who I speak with. I just tried calling the Canadian consulate but they are closed. I will try to call tomorrow.