I-130 and I-129F Approved on the same day

[Mari_S 1]

Hi Guys,

Our I-130 and I-129F were approved on the same day (Dec. 11, 2007) and we'd like to go the CR-1/IR-1 route instead of taking the K-3 visa since its more practical with all the expensive fees (AOS, EAD) and stuff...

How do we do this? Who do we need to call to inform the immigration guys that we'd like to pursue the I-130 application instead of the I-129F?

Thanks!

[C and J 1]

Hi Guys,

Our I-130 and I-129F were approved on the same day (Dec. 11, 2007) and we'd like to go the CR-1/IR-1 route instead of taking the K-3 visa since its more practical with all the expensive fees (AOS, EAD) and stuff...

How do we do this? Who do we need to call to inform the immigration guys that we'd like to pursue the I-130 application instead of the I-129F?

Thanks!

When you receive your NOA2s have a look on the one for the I130. If the wording says that the beneficiary is currently residing in the States, the following will apply... (If it does not mention this, the the I130 should continue onto the NVC)

For petitions that are approved on or very close to each other you will be locked into the K3 route (this is standard USCIS practise at the moment). Your I130 will be held at the records centre for adjustment of status once in the US.

As far as I am aware you cannot now stop the K3 from continuing but, you can "kick start" the I130 again. This would mean submitting form I-824 (which I believe has a filing fee of $340) to ask USCIS to forward the I130 to the NVC. This will take many months to kickstart and one they forward it on you can then begin counting the time at NVC and then to the embassy.

However long your I130 journey would have taken, you could potentially be adding a further 4-6 months to the total journey.

Edited December 12, 2007 by C and J

[MargotDarko 0]

Unforunately, you will almost be certain to find that the I-130 is being held at USCIS and only the I-129f will be forwarded to the NVC for processing. You would need to file the I-824, which costs $340, to get the I-130 forwarded, and so far people have reported that it takes six months just to get it to NVC. Then you would have all the other fees and timeline associated with the CR1 process at NVC.

Unless by some lucky chance the I-130 is forwarded to NVC now without any action on your part, I recommend following the K3 path.

[Mari_S 1]

Thanks for the quick reply! We'll go ahead and take a look at the I-130 wording once we receive it.

In case both our I-130 and I-129F are forwarded to the NVC, does this mean we will have 2 case numbers for each? Does this also mean that we will have separate interviews for each once it's forwarded to the Manila Consulate? Can we just "waive" the K-3 and just take the I-130 interview instead? I've read in the guides that we can do this...(http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1)

Edited December 12, 2007 by MariEnMichelle

[MargotDarko 0]

Hi Guys,

Our I-130 and I-129F were approved on the same day (Dec. 11, 2007) and we'd like to go the CR-1/IR-1 route instead of taking the K-3 visa since its more practical with all the expensive fees (AOS, EAD) and stuff...

How do we do this? Who do we need to call to inform the immigration guys that we'd like to pursue the I-130 application instead of the I-129F?

Thanks!

If the wording says that the beneficiary is currently residing in the States, the following will apply...

That doesn't seem quite right. Did you mean "petitioner"? If the beneficiary were currently in the US, adjustment of status and not a visa would be needed. Or am I confused on something?

Hi C and J,

Thanks for the quick reply! We'll go ahead and take a look at the I-130 wording once we receive it.

In case both our I-130 and I-129F are forwarded to the NVC, does this mean we will have 2 case numbers for each? Does this also mean that we will have separate interviews for each once it's forwarded to the Manila Consulate? Can we just "waive" the K-3 and just take the I-130 interview instead? I've read in the guides that we can do this...(http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1)

Thanks again...

If both petitions are forwared, you will just ignore anything to do with the K3 and only do the things related to the CR1.

[Urge To Race 2]

Chances are slim that you will have the choice. The approval of both petitions together is not unusual. This is a policy they announced more than a year ago, see this press release: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

They had trouble implementing the pairing early on, but they have become very good at it now.

Hi Guys,

Our I-130 and I-129F were approved on the same day (Dec. 11, 2007) and we'd like to go the CR-1/IR-1 route instead of taking the K-3 visa since its more practical with all the expensive fees (AOS, EAD) and stuff...

How do we do this? Who do we need to call to inform the immigration guys that we'd like to pursue the I-130 application instead of the I-129F?

Thanks!

MargotDarko,

No the NOA2 actually says beneficiary is in the US. That is the wording that they use that indicates only your I129F is going to NVC. When they pair and approve the 2 petitions, they treat the I130 as if it were filed for someone already ready for AOS (and the bene will be in the US when it is pulled from NRC after the AOS filing).

Hi Guys,

Our I-130 and I-129F were approved on the same day (Dec. 11, 2007) and we'd like to go the CR-1/IR-1 route instead of taking the K-3 visa since its more practical with all the expensive fees (AOS, EAD) and stuff...

How do we do this? Who do we need to call to inform the immigration guys that we'd like to pursue the I-130 application instead of the I-129F?

Thanks!

If the wording says that the beneficiary is currently residing in the States, the following will apply...

That doesn't seem quite right. Did you mean "petitioner"? If the beneficiary were currently in the US, adjustment of status and not a visa would be needed. Or am I confused on something?

Hi C and J,

Thanks for the quick reply! We'll go ahead and take a look at the I-130 wording once we receive it.

In case both our I-130 and I-129F are forwarded to the NVC, does this mean we will have 2 case numbers for each? Does this also mean that we will have separate interviews for each once it's forwarded to the Manila Consulate? Can we just "waive" the K-3 and just take the I-130 interview instead? I've read in the guides that we can do this...(http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1)

Thanks again...

If both petitions are forwared, you will just ignore anything to do with the K3 and only do the things related to the CR1.

Edited December 12, 2007 by Urge To Race

[C and J 1]

That doesn't seem quite right. Did you mean "petitioner"? If the beneficiary were currently in the US, adjustment of status and not a visa would be needed. Or am I confused on something?

That is the standard wording now, as Urge has also said (no matter how confusing it may seem). Below is a scan of my I130 NOA2 and I am most definitely not in the States

[Alt name 1]

We had the same thing happen, 129F/130 approved on the same day. The hard copy (130) said that the petitioner is currently residing in the US awaiting adjustment of status. The 129F hard copy said "being forwarded to NVC". IF, we had considered the IR1 route, we would have to file and pay the fee to file to have the I130 forwarded to the NVC, which, as was advised earlier, will only add additional delay. As attractive as the IR1 would be, we would trade the additional $$ for time any day of the week

Whichever route you go, best of luck to you

Regards,

David and Nitadyah

[MargotDarko 0]

MargotDarko,

No the NOA2 actually says beneficiary is in the US. That is the wording that they use that indicates only your I129F is going to NVC. When they pair and approve the 2 petitions, they treat the I130 as if it were filed for someone already ready for AOS (and the bene will be in the US when it is pulled from NRC after the AOS filing).

Ah, I see! It makes sense when seeing it that way, but how terribly confusing for most people. Which I suppose is hardly surprising.

[Mari_S 1]

Things are much clearer now guys! Thanks for your comments! Looks like we're stuck with the K-3...unless both I-130 and I-129F reach NVC...nevertheless, i think what matters is that we're now approved and one step closer to being together!

Thanks!

[Mari_S 1]

Got our Hardcopies today and it read..." beneficiary is currently residing in the States" on the I-130. So looks like were stuck with the K-3...

Anyways, we'll just keep you posted if we decide to "kickstart" the I-130 in the middle of the processing.

One last question though, If we "kickstart" the I-130, do we forfeit the I-139F???

Thanks again!

[pushbrk 12,146]

Got our Hardcopies today and it read..." beneficiary is currently residing in the States" on the I-130. So looks like were stuck with the K-3...

Anyways, we'll just keep you posted if we decide to "kickstart" the I-130 in the middle of the processing.

One last question though, If we "kickstart" the I-130, do we forfeit the I-139F???

Thanks again!

If an immigrant visa is granted before the non-immigrant visa, everything to do with the I-129F becomes moot. The whole idea of K3 is to reunite while waiting for the immigrant visa process to play out.

So, yeah, everything to do with the K3 process is a means to an end, with the end being legal permanent residence in the US. Entry to the US with an immigrant visa is permanent residence, so if it happens first the whole K3 process was a waste.

In short, if you want CR1 or IR1, don't file an I-129F.

[C and J 1]

Got our Hardcopies today and it read..." beneficiary is currently residing in the States" on the I-130. So looks like were stuck with the K-3...

Anyways, we'll just keep you posted if we decide to "kickstart" the I-130 in the middle of the processing.

One last question though, If we "kickstart" the I-130, do we forfeit the I-139F???

Thanks again!

As far as I am aware, it is only the USCIS that is stopping the processing of both forms. So, if both forms leave them, then the NVC and the consolute will continue to process both cases.

Your I129F will definitely reach the embassy stage first but, if you are lucky enough to have your I130 reach the embassy before your K3 interview date, then you can have your interview for the CR1 instead (this is how it used to play out before USCIS changed their procedure). However, depending on the interview wait at your consulate/embassy and considering we have heard it can take 6 months for the I-824 to be actioned, I would think your K3 visa would have been issued to you even before the I130 manages to continue to the NVC.