USCIS closed my I-129F petition!

[THAWAI 0]

I'm new to VJ. Mailed I130 June 11, 2007, did not get I797 but learned of the WAC # from Boise field office. With the number I was able to register for email. CSC showed I797 was sent June 20 but we did not get. Requested another copy. I was told they were not able to mail receipt because CSC ran out of paper. June 29 Boise office said to send I129F with copy of email that showed I797 had been issued and assigned a WAC number. The I 129F reciept notice was form I797C issued July 11 from WSC said to check www.bscis for updates. Could not log on, thought www.bscis was a new web site under construction. Later learned this was a error and www.bscis was the old web site before uscis. 1st error I130 reciept notice I797 and 2nd error in I129F receipt notice. I realized USCIS has cerious problems, but telephone calls were useless. Receieved transfer CSC I797 dated July 11 issued July 24 stated that if premium processing had been requested call ##. Called the number but was told I129F do not qualify for premium processing only I129 job related application qualify. Tele to USCIS - told them wife does not want to work, i'm retiring and we want to travel. He said we would have hard time convincing them she does not want to work. More frustration, delays, and tele to USCIS. Went to Boise field office and asked to speak with sr officer. He did not know why I received notice about premium processing, but I130 would probably finish before I129F. August 2007 CSC processing time schedule dropped K-3 and only shows time for K-1. Looks like June USCIS made the change to drop K-3 but did not publish processing procedure change. Late October was told case should be adjudicated and call back in two weeks if I do not receive notice. 2 weeks later I called and they did not know what I was talking about. Boise office said I129F was still in WSC and would not be used, and I should probably call my congressman. The lady said their records showed I had called 7time and that was a record. I call because they make all the errors yet I'm punished because I want correction to their errors. November, came to Thailand for the winter, but would like to bring wife and myself back to the states in March or April to enjoy spring and summer in Idaho. Dec 19 received response from congressman w/ attach from cis my case was waiting more investigation. I have not received request for more info. I'm 24 days past the 180 processing time table. Any help you can give me would be appreciatied. I'm frustrated and need help so I joined VJ. Wish I had known about VJ earlier.

Thanks

Don

If you actually filed an I-129F and not an I-129, then it sounds like they might have put your case in the I-129 queue by mistake. USCIS didn't stop doing K3 petitions, they just stopped processing them anywhere but CSC and VSC and changed their processing times display.

I did file I129F not I-129 and USCIS assured me it was a I129F and sent to CSC as K-3

[Alt name 1]

Pushbrk:

The choice of which Visa is superior depends on the individual definition of "superior visa". If "superior" means "less expensive", and it is more important to save money on the process and get a green card as quickly as possible, rather than maximize time with your spouse, then the IR1 is "superior". If "superior" means that you can be with your spouse as quickly as possible, then the IR1 might not be the way to go.

I am personally quite happy with our choice of K3. We filed in mid-June, and she will be here in Houston the week after next. We are quite comfortable settling in and waiting for the green card through the AOS process. The goal, at least ours, wasn't to "get a green card". It was to start our lives together.

[C and J 1]

The goal, at least ours, wasn't to "get a green card". It was to start our lives together.

Very true, D&N, that was Josh's and my goal too. And at this point in time the K3 is still right for us, being together is more important than the money

However, I think if I had known how awful USCIS were when we started this process, we might have thought harder about the choice between the 2 and may have filed differently. Not having to deal with USCIS for another 2 years would have been rather nice but that would have been the only reason to change our minds Only a complete AOS will show whether we (Josh and I) have made the right decision or not

[pushbrk 12,243]

Pushbrk:

The choice of which Visa is superior depends on the individual definition of "superior visa". If "superior" means "less expensive", and it is more important to save money on the process and get a green card as quickly as possible, rather than maximize time with your spouse, then the IR1 is "superior". If "superior" means that you can be with your spouse as quickly as possible, then the IR1 might not be the way to go.

I am personally quite happy with our choice of K3. We filed in mid-June, and she will be here in Houston the week after next. We are quite comfortable settling in and waiting for the green card through the AOS process. The goal, at least ours, wasn't to "get a green card". It was to start our lives together.

I agree with you 100%, so I'm certain you are responding to somebody else's post. If I had it to do over, I'm not sure which way I would want to go. Things have changed since I filed. I was shooting for the old race scenario hoping the I-130 would catch up, but the K3 case jumped so far ahead, we stopped responding to NVC on the I-130. Whole new ballgame now.

[N360 0]

But... I like the fact that USCIS can now decide which visa is "right" for you.

Edited January 10, 2008 by noel877

[Divine Mercy 0]

But... I like the fact that USCIS can now decide which visa is "right" for you.

That's exactly the same thing they did to me except that I didn't know about it for a few months. I was told by the NVC that the USCIS will continue to process my I129F and the NVC will put my approved I130 on hold until my husband was in the USA on his K3 and filed the AOS, at that time the USCIS will contact the NVC to get the I130 back. That is NOT what happened. After a few months of waiting for the I129F approval I finally had my senator check in on it, they told him that it was still "pending". A week later I called using the RFE trick and that's when they told me my I129F was going to be terminated as soon as an adjudicator took it off the shelf. I had NOT pursued the CR1, it had been sitting idle since late July (this happened late November). I had two senators contact them and they both got the same response, the VSC told them that the CR1 is a much better visa... saves time in the long run... won't have to wait for AOS yadda yadda yadda. As if we cared about waiting for that, it's the wait for the visa that matters. The embassy we have to go through schedules K3 interviews w/in 3 months roughly. The NVC schedules the CR1 interview for the embassy about ten months after case completion and so far in VJ I have only seen ONE case get the CR1 visa on the first interview. The rest were put into AP or required additional evidence to be provided at a later date (usually 3 - 6 months later).

So yeah, the USCIS decides that is best for you and decides something else is best for someone else. Another guy and I have basically the same timeline, he pursued the CR1 when his I130 was approved. Our I129f's were last touched on the same exact date. Last month, out of no where, his I129F was approved and sent to the embassy. Mine is still "pending". Go figure.

You're taking the news MUCH better than I did btw. God bless ya!

Edited January 10, 2008 by Divine Mercy