NEED CLARIFICATION

[YOUTOO 2]

I am just reading the following post from YGandMat

"I understand the reason you don't want to take the CR1 route, because the wait time is a lot longer. You should consider contacting VJ member DivineMercy. Her I-130 was approved before her I-129F...and she decided to wait on the I-129F and not continue the process at NVC for her I-130. She waited for a long time just to find out USCIS cancelled her I-129F because her I-130 had been approved for several months...so she was forced to take the CR1 route. She lost precious months due to her waiting for the approval of her I-129F and by the MISINFORMATION she was given at USCIS.

I just don't want you to wait for a long time and then for USCIS to tell you that your I-129F was cancelled and lose several months."

I live with my wife in Japan, my U.S. based Immigration lawyer filed for the I-130 in April '07, which was approved

on Sep 6. The lawyer told me this was one of the few cases he did not receive a notice of receipt from USCIS, so the approval came to him as a surprise. With the I-130 receipt number he filed the I-129F, which was acknowledged as received on Sep 12 by USCIS Vermont Service Center. Website shows update on 10/3/07 ( I guess you guys call it a "touch"? That's why I am a newbie! ). Now the above post sounds scary to us. My lawyer does not say anything about this. Is he trying to hide the inevitable? Or am I just to paranoid?

[SusieK 3]

I am just reading the following post from YGandMat

"I understand the reason you don't want to take the CR1 route, because the wait time is a lot longer. You should consider contacting VJ member DivineMercy. Her I-130 was approved before her I-129F...and she decided to wait on the I-129F and not continue the process at NVC for her I-130. She waited for a long time just to find out USCIS cancelled her I-129F because her I-130 had been approved for several months...so she was forced to take the CR1 route. She lost precious months due to her waiting for the approval of her I-129F and by the MISINFORMATION she was given at USCIS.

I just don't want you to wait for a long time and then for USCIS to tell you that your I-129F was cancelled and lose several months."

I live with my wife in Japan, my U.S. based Immigration lawyer filed for the I-130 in April '07, which was approved

on Sep 6. The lawyer told me this was one of the few cases he did not receive a notice of receipt from USCIS, so the approval came to him as a surprise. With the I-130 receipt number he filed the I-129F, which was acknowledged as received on Sep 12 by USCIS Vermont Service Center. Website shows update on 10/3/07 ( I guess you guys call it a "touch"? That's why I am a newbie! ). Now the above post sounds scary to us. My lawyer does not say anything about this. Is he trying to hide the inevitable? Or am I just to paranoid?

Hi there and welcome,

My course of action would be this......have you entered your information onto the USCIS website and tracked your own progress? Have you called USCIS for information (omg did I say that forget that go the website route, and track your progress please - you can enter your NOA information and such and find out exactly what is going on, it will not be exactly current but at least you have a handle on it_ - the posts on this site can give you much needed advice and comfort during this time, the senior members are great as is the whole rat pack of us just trying to figure out what is best.

You seem to have an long period of the time filing between the I-130 and the I-129f so it seems to me that you would want to go the I-130 route as there are more benefits to that option or it may come down to the fact that you will not have a choice if your I-130 is approved first. I personally after reading many many post here and finally getting it, would prefer the I-130 route over the other, they are not that much difference in timelines right now due to backlog. Was your I-129f filed after your NOA2 (is that what you mean by approved) for if so, then I do believe that your filing of the I-129f was too late to cancel this option per se.....not sure on cancelling but definetly know from other post that once a NOA2 is issed on the I-130 the I-129f becomes somewhat of a moot point.

I am sure other members can direct you far better than I have, but wish you the best in your journey.

Cheers

Susie

sorry just checked your timeline and I see that your I-130 was approved so I would think strongly that the I-129f is moot - someone correct me if I am wrong please.........

Edited January 18, 2008 by SusieK

[C and J 1]

I am just reading the following post from YGandMat

"I understand the reason you don't want to take the CR1 route, because the wait time is a lot longer. You should consider contacting VJ member DivineMercy. Her I-130 was approved before her I-129F...and she decided to wait on the I-129F and not continue the process at NVC for her I-130. She waited for a long time just to find out USCIS cancelled her I-129F because her I-130 had been approved for several months...so she was forced to take the CR1 route. She lost precious months due to her waiting for the approval of her I-129F and by the MISINFORMATION she was given at USCIS.

I just don't want you to wait for a long time and then for USCIS to tell you that your I-129F was cancelled and lose several months."

I live with my wife in Japan, my U.S. based Immigration lawyer filed for the I-130 in April '07, which was approved

on Sep 6. The lawyer told me this was one of the few cases he did not receive a notice of receipt from USCIS, so the approval came to him as a surprise. With the I-130 receipt number he filed the I-129F, which was acknowledged as received on Sep 12 by USCIS Vermont Service Center. Website shows update on 10/3/07 ( I guess you guys call it a "touch"? That's why I am a newbie! ). Now the above post sounds scary to us. My lawyer does not say anything about this. Is he trying to hide the inevitable? Or am I just to paranoid?

This is only something that we have come to know through other people's experiences on this message board. It is not a procedure that USCIS has posted anywhere. So, unless a lawyer had a client who had already experienced this, I doubt a lawyer would have a clue that this could even happen.

I believe Divine Mercy was the first VJer to have this happen to her, at least in the time I have been on this board (i.e received confirmation that the I129F was being cancelled). Since her approval, there have been a couple of others put into the same situation. Everyone, up until that time, was under the impression that the I129F would be approved later, even if the I130 was approved first.

However, Divine Mercy was, unfortunately, the only one who did not continue with the I130 through the NVC. She chose to wait for the I129F because it made a big difference in time when going through the local embassy (longer interview for K3 than for CR1). Because of this, when she found out the awful news about the cancellation, she had lost many months in the CR1 processing A horrible thing to happen

One ray of light... this also happened to VJer Davejaz42107, their I130 petition was approved in August and, 4 months later, their I129F sprang to life again and has reached the embassy first. I'm not sure if they are going to follow this route, but Jaz now has the option to return to her home country for the I130 interview instead of adjusting status in the US

Dave's petition does show that continuing to pursue the I130 does not have any impact on the I129F approval (he was through most of the NVC I130 process when the I129F was approved), NVCs processes are completely separate from USCISs. If it was me, I wouldn't delay my I130 on the hope that USCIS may not cancel the I129F on a whim.

Good luck on your journey.

[pushbrk 12,107]

I am just reading the following post from YGandMat

"I understand the reason you don't want to take the CR1 route, because the wait time is a lot longer. You should consider contacting VJ member DivineMercy. Her I-130 was approved before her I-129F...and she decided to wait on the I-129F and not continue the process at NVC for her I-130. She waited for a long time just to find out USCIS cancelled her I-129F because her I-130 had been approved for several months...so she was forced to take the CR1 route. She lost precious months due to her waiting for the approval of her I-129F and by the MISINFORMATION she was given at USCIS.

I just don't want you to wait for a long time and then for USCIS to tell you that your I-129F was cancelled and lose several months."

I live with my wife in Japan, my U.S. based Immigration lawyer filed for the I-130 in April '07, which was approved

on Sep 6. The lawyer told me this was one of the few cases he did not receive a notice of receipt from USCIS, so the approval came to him as a surprise. With the I-130 receipt number he filed the I-129F, which was acknowledged as received on Sep 12 by USCIS Vermont Service Center. Website shows update on 10/3/07 ( I guess you guys call it a "touch"? That's why I am a newbie! ). Now the above post sounds scary to us. My lawyer does not say anything about this. Is he trying to hide the inevitable? Or am I just to paranoid?

Are you absolutely certain your I-130 was "approved" on September 6?

Sometimes USCIS doesn't follow their own rules but if they do, your I-129F will be rejected and returned to you. An I-129F for a spouse can only be accepted when an I-130 is pending approval. You filed the I-129F after the I-130 was approved. If your lawyer charged you extra for filing the second petition, I would ask for a refund. If you have been ignoring correspondence from NVC on the I-130, then you have probably lost all the time between their first contact and now. I expect they first requested the agent of choice form sometime in October.

On the other hand, it is disturbing that your I-129F has not been rejected yet. Have you or your lawyer heard anything from NVC, the National Visa Center on your I-130?

[YOUTOO 2]

HERE IS WHAT I GOT FROM USCIS : "Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On September 6, 2007, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service."

THEN MY LAWYER FILED THE I-129 F AND USCIS RESPONDED : "Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Case received and pending.

On September 12, 2007, we received this I129F PETITION FOR FIANCE(E) and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

THAT'S ALL I FIND ON THE USCIS WEBSITE AND MY LAWYER TELLS ME TO WAIT. YOUR RESPONSES WORRY ME.

[pushbrk 12,107]

HERE IS WHAT I GOT FROM USCIS : "Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On September 6, 2007, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service."

THEN MY LAWYER FILED THE I-129 F AND USCIS RESPONDED : "Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Case received and pending.

On September 12, 2007, we received this I129F PETITION FOR FIANCE(E) and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

THAT'S ALL I FIND ON THE USCIS WEBSITE AND MY LAWYER TELLS ME TO WAIT. YOUR RESPONSES WORRY ME.

They should not process your I-129F but they may do so mistakenly. Another poster recently posted about his I-129F being sent back because no I-130 was pending.

What is going on with your I-130? Has your attorney been ignoring the correspondence from NVC?

[YGandMAT 0]

HERE IS WHAT I GOT FROM USCIS : "Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On September 6, 2007, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service."

THEN MY LAWYER FILED THE I-129 F AND USCIS RESPONDED : "Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: Case received and pending.

On September 12, 2007, we received this I129F PETITION FOR FIANCE(E) and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

THAT'S ALL I FIND ON THE USCIS WEBSITE AND MY LAWYER TELLS ME TO WAIT. YOUR RESPONSES WORRY ME.

They should not process your I-129F but they may do so mistakenly. Another poster recently posted about his I-129F being sent back because no I-130 was pending.

What is going on with your I-130? Has your attorney been ignoring the correspondence from NVC?

Hi there, just like PUSHBRK said, USCIS does not always follow their same guidelines. Since my I-130 was also approved before my I-129F I was scared that my I-129F would be cancelled just like what happened to divine mercy...but for some miraculous reason, my I-130 was not forwarded to NVC and USCIS held it until the approval of my I-129F. My I-129F was the only petition forwarded to NVC and it has now reached my embassy in Mexico and we are just waiting for the appointment.

You just never know what to expect with USCIS. Best of luck.

[YGandMAT 0]

I am just reading the following post from YGandMat

"I understand the reason you don't want to take the CR1 route, because the wait time is a lot longer. You should consider contacting VJ member DivineMercy. Her I-130 was approved before her I-129F...and she decided to wait on the I-129F and not continue the process at NVC for her I-130. She waited for a long time just to find out USCIS cancelled her I-129F because her I-130 had been approved for several months...so she was forced to take the CR1 route. She lost precious months due to her waiting for the approval of her I-129F and by the MISINFORMATION she was given at USCIS.

I just don't want you to wait for a long time and then for USCIS to tell you that your I-129F was cancelled and lose several months."

I live with my wife in Japan, my U.S. based Immigration lawyer filed for the I-130 in April '07, which was approved

on Sep 6. The lawyer told me this was one of the few cases he did not receive a notice of receipt from USCIS, so the approval came to him as a surprise. With the I-130 receipt number he filed the I-129F, which was acknowledged as received on Sep 12 by USCIS Vermont Service Center. Website shows update on 10/3/07 ( I guess you guys call it a "touch"? That's why I am a newbie! ). Now the above post sounds scary to us. My lawyer does not say anything about this. Is he trying to hide the inevitable? Or am I just to paranoid?

Oh and by reading your timeline it seems you guys waited 3 months to file the I-129F, that is why your I-130 was approved before your I-129F.

[YOUTOO 2]

This is very disturbing news to say the least. I can only hope that all of you guys are wrong,

yet somehow I feel that's not the case. So I have e-mailed my lawyer and hopefully I will

have a response of some kind next week. The good thing is that I am together with my

wife here in Japan. Cannot imagine how it would feel to have this happen while being

separated. I appreciate al your valuable input. If you find out more please post here.

[YOUTOO 2]

Can I please ask for your advice one more time?? This is what my US based lawyer shot back at

me : "When we filed the I-130 and received the service receipt, we filed the I-129F case to expedite her visa faster. Your I-130 was approved and we did receive consular documents to proceed with the I-130. However, that is not what we wanted because that would make your wife to Adjust Status and become a Permanent Resident of the United States"

Does that sound right or is he pulling my leg? I thought getting a Green Card means Permanent Resident? He also now offers "We can go ahead and proceed with the I-130 Consular documents and see which one (the I-129F or the Adjustment) gets approved faster". Should I take him up on this offer?

[C and J 1]

Can I please ask for your advice one more time?? This is what my US based lawyer shot back at

me : "When we filed the I-130 and received the service receipt, we filed the I-129F case to expedite her visa faster. Your I-130 was approved and we did receive consular documents to proceed with the I-130. However, that is not what we wanted because that would make your wife to Adjust Status and become a Permanent Resident of the United States"

Does that sound right or is he pulling my leg? I thought getting a Green Card means Permanent Resident? He also now offers "We can go ahead and proceed with the I-130 Consular documents and see which one (the I-129F or the Adjustment) gets approved faster". Should I take him up on this offer?

That response is confusing. He seems to be getting the 2 muddled up. Yes, a green card = permanent resident.

The I130 (CR1/IR1) is an automatic green card (it will arrive within a few weeks of being in the US) and no adjustment of status is required, however it does take a few extra months at the NVC for processing.

The I129F (K3) is the one requiring adjustment of status to receive the green card and the only benefit is being a few months faster to get your spouse in the States. The adjustment of status itself, can take up to a year to be approved (all being well) and to get the green card in hand.

It does seem like your lawyer is ignoring the NVC paperwork (highlighted in bold) and, with USCIS's current trend of cancelling I129Fs on a whim, that is quite a risk to take. I would not want to see you wait another 3 months only to find that your I129F will be cancelled and you have lost 6 months of processing time on the I130 because your lawyer didn't act upon it After a certain amount of waiting, the time the K3 would have saved you becomes irrelevant but that is only if the I130 is acted upon straight away.

We didn't use a lawyer to go through this process and I am glad we chose not to. Visajourney has been a huge resource to us and has provided us with personal experiences and knowledge throughout this journey. That information has been priceless. No lawyer, no matter how clued up, would know half of the "goings on" that this website manages to highlight to us. Nor how many loopholes and deviations USCIS manages to pull out of it's bag of tricks.

[pushbrk 12,107]

Can I please ask for your advice one more time?? This is what my US based lawyer shot back at

me : "When we filed the I-130 and received the service receipt, we filed the I-129F case to expedite her visa faster. Your I-130 was approved and we did receive consular documents to proceed with the I-130. However, that is not what we wanted because that would make your wife to Adjust Status and become a Permanent Resident of the United States"

Does that sound right or is he pulling my leg? I thought getting a Green Card means Permanent Resident? He also now offers "We can go ahead and proceed with the I-130 Consular documents and see which one (the I-129F or the Adjustment) gets approved faster". Should I take him up on this offer?

Yes, take him up on his offer. You need to proceed with the I-130, which will result in a visa that requires no status adjustment. Your lawyer is wrong or you misquoted.

Your other option is to fire the lawyer, get the documents NVC sent him and proceed on your own. That may be more complicated though. Your lawyer owes you to do this with no more fees. He's the one who screwed up and cost you several months of unnecessary separation.

[YOUTOO 2]

So with your info in hand I approached my lawyer. He assured me that a DCF

route did not guarantee a faster approval at this point and said that he still feels

the I-129F is the faster option at this time. And instead of accepting my proposal to change

venues for free or at least for a reasonable fee, his reply was to ignore my proposal

but charge me an additional $ 2000.00. He says the current application is thru the DHC,

the other way would be via the State Department.

One piece of info I want to share with all of you, is his comment that currently

"Vermont is not processing K-3 I-129F's only K-1/K-2s which are unmarried

fiance's. " Strikes me as disheartening news; that's where my application is.

I hate it when you hire a "know-it-all" lawyer for good money and you get nothing

or very little out of them. He says that "We now have the first packet, which is essentially

a bill for the fees that are associated with this type of processing." Seems I'm stuck?

[C and J 1]

So with your info in hand I approached my lawyer. He assured me that a DCF

route did not guarantee a faster approval at this point and said that he still feels

the I-129F is the faster option at this time. And instead of accepting my proposal to change

venues for free or at least for a reasonable fee, his reply was to ignore my proposal

but charge me an additional $ 2000.00. He says the current application is thru the DHC,

the other way would be via the State Department.

One piece of info I want to share with all of you, is his comment that currently

"Vermont is not processing K-3 I-129F's only K-1/K-2s which are unmarried

fiance's. " Strikes me as disheartening news; that's where my application is.

I hate it when you hire a "know-it-all" lawyer for good money and you get nothing

or very little out of them. He says that "We now have the first packet, which is essentially

a bill for the fees that are associated with this type of processing." Seems I'm stuck?

Unfortunately, again your lawyer shows his misunderstanding of either the process or the terminology he is using.

A DCF (direct consular filing) is used when BOTH the USC and spouse are residing legally (not as a tourist) in the spouses country. For example, for a DCF to be filed in the UK, my husband would have had to have been a legel resident of the UK for 6 months before DCF would be possible. Meeting this criteria would allow you to hand in your I130 directly to the embassy/consulate in the spouses country and the process would take roughly 6 months, instead of the 1 year that it seems to take to go through the service centres.

The I130 approval you have received would result in a CR1 (if married for less than 2 years) or IR1 visa, as long as it is pursued through the NVC stage on to the consolute. Both the IR1/CR1 give a green card within a few weeks of arriving in the US. Your lawyer only needs to act on the paperwork already sent to him by the NVC to continue your case on this journey. And that is not worth $2000 by any stretch of the imagination, at least not in my opinion.

He has confirmed to you that he had received the first packet from the NVC. Is he going to act on it after your conversation with him? If he is, then he will be following the CR1/IR1 process and that is what you want at this point.

I have to wonder if your lawyer is pushing for the I129F because it would mean he would probably (depending on your contract with him) get additional money from you when it is time to adjust status.

I'm sure Pushbrk will come through with a much easier explanation than I can put forward.

[pushbrk 12,107]

So with your info in hand I approached my lawyer. He assured me that a DCF

route did not guarantee a faster approval at this point and said that he still feels

the I-129F is the faster option at this time. And instead of accepting my proposal to change

venues for free or at least for a reasonable fee, his reply was to ignore my proposal

but charge me an additional $ 2000.00. He says the current application is thru the DHC,

the other way would be via the State Department.

One piece of info I want to share with all of you, is his comment that currently

"Vermont is not processing K-3 I-129F's only K-1/K-2s which are unmarried

fiance's. " Strikes me as disheartening news; that's where my application is.

I hate it when you hire a "know-it-all" lawyer for good money and you get nothing

or very little out of them. He says that "We now have the first packet, which is essentially

a bill for the fees that are associated with this type of processing." Seems I'm stuck?

Unfortunately, again your lawyer shows his misunderstanding of either the process or the terminology he is using.

A DCF (direct consular filing) is used when BOTH the USC and spouse are residing legally (not as a tourist) in the spouses country. For example, for a DCF to be filed in the UK, my husband would have had to have been a legel resident of the UK for 6 months before DCF would be possible. Meeting this criteria would allow you to hand in your I130 directly to the embassy/consulate in the spouses country and the process would take roughly 6 months, instead of the 1 year that it seems to take to go through the service centres.

The I130 approval you have received would result in a CR1 (if married for less than 2 years) or IR1 visa, as long as it is pursued through the NVC stage on to the consolute. Both the IR1/CR1 give a green card within a few weeks of arriving in the US. Your lawyer only needs to act on the paperwork already sent to him by the NVC to continue your case on this journey. And that is not worth $2000 by any stretch of the imagination, at least not in my opinion.

He has confirmed to you that he had received the first packet from the NVC. Is he going to act on it after your conversation with him? If he is, then he will be following the CR1/IR1 process and that is what you want at this point.

I have to wonder if your lawyer is pushing for the I129F because it would mean he would probably (depending on your contract with him) get additional money from you when it is time to adjust status.

I'm sure Pushbrk will come through with a much easier explanation than I can put forward.

Actually, you covered it very well. DCF has nothing to do with the case. You just need to follow through with NVC and on to the Consulate for a CR1 visa. Who first used the term DCF? If it was you, then your attorney was correct that it's not good but not correct that the I-129F will work for you. If it was your attorney, he's either incompetent or blowing smoke to save and/or increase his fee.

To file an I-129F for a spouse, there must be an I-130 pending USCIS approval. It doesn't work to file the I-129F after the I-130 is approved. If you can't convince the lawyer the CR1 will be faster, just tell him you want a CR1 visa in order to avoid the delay in work authorization and status adjustment.