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DerZinker

Married Using an I-129F?

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Hi All!

This will be my first-ever post here :thumbs:

My story is a long one, so I'll try to keep it short.

I went in October of 2005 with my then-Mexican Fiancee to stinky Ciudad Juarez

with an approved I-129F petition (I filed in April of that year). We were approved

and she wa granted the visa, but a bunch of craziness ensued and essentially we

abandoned the visa there in Juarez and it expired 6 months later.

I went to live with her in Guadalajara, Mexico and was there for 3 years.

After several repeated calls to the Consulate in Juarez, they agreed to re-issue

me the I-129F petition so I at least wouldn't have to start from scratch. Yea!

So now as of September of 2007 I have the approved I-129F again in my possesion

and it is there for that day for when we are ready to go back to stinky Juarez.

The issue is that we married in Guadalajara in January of 2006. Thats where things

get kind of fuzzy.

Now, I just came back home and started working and she is still in Guadalajara with

our son and she has a visa that will at least allow her to enter as a visitor.

I understand that I CAN still use the I-129F to bring her in as my spouse and

as a non-immigrant. I would just go for the K3 Visa as opposed to the K1. Great.

What isn't clear to me is all the other details. So I guess I have to file for an I-130

too now and show evidence that I filed for that when she goes in to interview for

the I-129F?

Do I have to actually wait until the I-130 is approved, or can I just file for the

I-130 and go down there with evidence that I applied?

Do we have to go back to friggin Juarez AGAIN once the I-130 is approved?

I'm really not sure what to do here, and I really do not want to go all the way

down to Juarez for no reason nor file for the I-130 if I don't have to.

Please help! :blush:

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

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Hi All!

This will be my first-ever post here :thumbs:

My story is a long one, so I'll try to keep it short.

I went in October of 2005 with my then-Mexican Fiancee to stinky Ciudad Juarez

with an approved I-129F petition (I filed in April of that year). We were approved

and she wa granted the visa, but a bunch of craziness ensued and essentially we

abandoned the visa there in Juarez and it expired 6 months later.

I went to live with her in Guadalajara, Mexico and was there for 3 years.

After several repeated calls to the Consulate in Juarez, they agreed to re-issue

me the I-129F petition so I at least wouldn't have to start from scratch. Yea!

So now as of September of 2007 I have the approved I-129F again in my possesion

and it is there for that day for when we are ready to go back to stinky Juarez.

The issue is that we married in Guadalajara in January of 2006. Thats where things

get kind of fuzzy.

Now, I just came back home and started working and she is still in Guadalajara with

our son and she has a visa that will at least allow her to enter as a visitor.

I understand that I CAN still use the I-129F to bring her in as my spouse and

as a non-immigrant. I would just go for the K3 Visa as opposed to the K1. Great.

What isn't clear to me is all the other details. So I guess I have to file for an I-130

too now and show evidence that I filed for that when she goes in to interview for

the I-129F?

Do I have to actually wait until the I-130 is approved, or can I just file for the

I-130 and go down there with evidence that I applied?

Do we have to go back to friggin Juarez AGAIN once the I-130 is approved?

I'm really not sure what to do here, and I really do not want to go all the way

down to Juarez for no reason nor file for the I-130 if I don't have to.

Please help! :blush:

Yes, you'll have to start over with an I-130. Your wife no longer qualifies for a fiance visa. You need to write USCIS or Juarez and ask that the I-129F be "withdrawn".

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: Citizen (apr) Country: Canada
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You will want to be very careful that your wife does not try to enter the US with the fiancee visa as the border guards would consider that visa fraud and it would lead to a ban on entry to the US which would be difficult to overcome and cause the two of you a great deal of headache and heartache. Basically, the I-129f petition for a fiancee is dead in the water. Don't even think of trying for her to use it to visit or to come to the US. You will need to start the process over with the I-130 and then decide if you wish to pursue a K-3, in which case you would then refile for the I-129f, or proceed directly to an immigrant visa. Good luck.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: IR-1/CR-1 Visa Country: Morocco
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marriage cancels that 129F

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

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It's the same form, but you've got to fill it out differently and include different evidence.

In order to use the I-129F to get a K-1 visa, you'd both have to be unmarried, all the way until she enters the US. You no longer qualify.

In order to use the I-129F to get a K-3 visa, you would have to have included your marriage license with the initial filing of the I-129F, along with evidence that you had filed an I-130 (the "evidence" might be the I-130 itself, in some cases these days).

Since you didn't include either of these items, your spouse can't use the old approved I-129F to get a K-3 visa.

You have to start from square one as a married couple. For a K-3 visa, file an I-130, and an I-129F. For a CR-1 visa, just file the I-130.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Thanks everybody for all your helpful answers!! :star:

I was really expecting to have to file an I-130 anyway so that doesn't really come as a bummer at all. What does kind of throw me though, is why would I have to file for an I-129F all over again ? Shouldn't I just abandon the I-129F idea altogether and go with the I-130? :wacko:

I've heard other people talking about having to file them both together and I don't really understand why. Please help me understand. It would really simplify my life if I could just concentrate on one if at all possible lol.

The GOOD news is that I was able to obtain for her a 'Tourist Visa' last year and that is good for 10 years. It was a REAL PAIN to get and I even had to go through congress and my senators to get it (and it was just a Tourist Visa!). They kept denying her that visa because we were married and didn't want her to come and stay on that visa like many others have in the past (backwards logic if you ask me though, because we were living in Mexico at the time).

Anyway, so at least she can go back and fourth in the meantime, even though she won't have the same privilages. At least we don't have to be apart.

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

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It's the same form, but you've got to fill it out differently and include different evidence.

In order to use the I-129F to get a K-1 visa, you'd both have to be unmarried, all the way until she enters the US. You no longer qualify.

In order to use the I-129F to get a K-3 visa, you would have to have included your marriage license with the initial filing of the I-129F, along with evidence that you had filed an I-130 (the "evidence" might be the I-130 itself, in some cases these days).

Since you didn't include either of these items, your spouse can't use the old approved I-129F to get a K-3 visa.

You have to start from square one as a married couple. For a K-3 visa, file an I-130, and an I-129F. For a CR-1 visa, just file the I-130.

I Guess what I really SHOULD be asking, is: what advantages / disadvantages are there to JUST pursuing the immigrant CR-1 immigrant visa in my case (and thus only filing the I-130 and not the I-129F)?

Doesn't it make a little more sense to do that if Premanant Resident status and eventually American Citizenship is the objective?

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

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Thanks everybody for all your helpful answers!! :star:

I was really expecting to have to file an I-130 anyway so that doesn't really come as a bummer at all. What does kind of throw me though, is why would I have to file for an I-129F all over again ? Shouldn't I just abandon the I-129F idea altogether and go with the I-130? :wacko:

I've heard other people talking about having to file them both together and I don't really understand why. Please help me understand. It would really simplify my life if I could just concentrate on one if at all possible lol.

The GOOD news is that I was able to obtain for her a 'Tourist Visa' last year and that is good for 10 years. It was a REAL PAIN to get and I even had to go through congress and my senators to get it (and it was just a Tourist Visa!). They kept denying her that visa because we were married and didn't want her to come and stay on that visa like many others have in the past (backwards logic if you ask me though, because we were living in Mexico at the time).

Anyway, so at least she can go back and fourth in the meantime, even though she won't have the same privilages. At least we don't have to be apart.

If you only file an I-130 the result would be an IR1 visa. You would additionally file a new I-129F using the "for a spouse" instructions to get her a K3 visa instead. I don't really advise that but it's the answer to your question. You really should start with the guides and I-130 instructions.

Also, a tourist visa does not gaurantee she'll be able to visit during the process. Once that I-130 is filed, you've declared her definite immigrant intent. There are lots of threads about visiting during the process. Check some out. It's possible but may not work for you.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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I Guess what I really SHOULD be asking, is: what advantages / disadvantages are there to JUST pursuing the immigrant CR-1 immigrant visa in my case (and thus only filing the I-130 and not the I-129F)?

Doesn't it make a little more sense to do that if Premanant Resident status and eventually American Citizenship is the objective?

Either route will lead to permanent residence (Green Card), and eventual eligibility to file for citizenship.

The CR-1 is a more direct route to the green card. You get GC status on the day you enter with a CR-1 visa, while the K-3 requires adjustment of status after entry.

Timelines vary, but historically, the K-3 has often allowed faster entry to the US. Back when we started our journey, CR-1 visas were taking around five to eight years, versus seven to nine months for the K-3 visa. It was a no-brainer to file for the K-3 visa back then.

But since those days, the CR-1 visas have sped up drastically. In fact, they sped up incredibly after ours got into the pipeline, and we got ours after about a nine month wait. And the K-3's came to a virtual standstill while ours was in the pipeline.

It's always a gamble, because you never know when a given path will speed up or slow down. But the CR-1 is probably the quickest and simplest route to get the green card status. While the K-3 might (or might not) offer a shortcut to coming to the US.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Thanks a Lot for all your help :blush:

I have done a lot of searching on this site and have learned a lot about the two visas (CR-1 vs. K3). Of course my first step would be to file the I-130 petition and then go from there, but I'm leaning toward going for the CR-1.

Anyone have any estimates as to the response time for getting an approved CR-1 down the pipe (or an approved I-130) were I to file tomorrow? :blink:

I am from Colorado, and if I remember correctly I go through Nebraska.

On a side note, it DOES make me nervous to file for the immigrant application in regards to her tourist visa. I went through a lot just to get that one and I would be pretty livid were they to void that visa or something once I file for the I-130. But at the same time, what could they do? I doubt they will find her and take it away from her once they've received my petition. :angry:

It's kind of a tough call, because I could just bring her here on the tourist visa, then file and KEEP her here (for no more than 6 months at a time) while the I-130 is processing, but that would mean that she would have to live here for a good while without any real privilages like driving, studying or

working etc...

But at the same time, the longer I wait, the longer it will be. Maybe I should just get her here and see if Obama gets into office and gives her amnesty :P

(I'm kidding of course)

Edited by dhudson

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

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Thanks a Lot for all your help :blush:

I have done a lot of searching on this site and have learned a lot about the two visas (CR-1 vs. K3). Of course my first step would be to file the I-130 petition and then go from there, but I'm leaning toward going for the CR-1.

Anyone have any estimates as to the response time for getting an approved CR-1 down the pipe (or an approved I-130) were I to file tomorrow? :blink:

I am from Colorado, and if I remember correctly I go through Nebraska.

On a side note, it DOES make me nervous to file for the immigrant application in regards to her tourist visa. I went through a lot just to get that one and I would be pretty livid were they to void that visa or something once I file for the I-130. But at the same time, what could they do? I doubt they will find her and take it away from her once they've received my petition. :angry:

It's kind of a tough call, because I could just bring her here on the tourist visa, then file and KEEP her here (for no more than 6 months at a time) while the I-130 is processing, but that would mean that she would have to live here for a good while without any real privilages like driving, studying or

working etc...

But at the same time, the longer I wait, the longer it will be. Maybe I should just get her here and see if Obama gets into office and gives her amnesty :P

(I'm kidding of course)

If she comes to visit before the I-130 gets in the system, she can certainly stay until her I-94 expires. After departing, she is likely to need evidence of ties to Mexico to get back in for another visit before the IR1 or K3 visa is in hand. She would not get a CR1 visa because you will have been married for two years before the visa is issued. This will result in a ten year green card.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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If she comes to visit before the I-130 gets in the system, she can certainly stay until her I-94 expires. After departing, she is likely to need evidence of ties to Mexico to get back in for another visit before the IR1 or K3 visa is in hand. She would not get a CR1 visa because you will have been married for two years before the visa is issued. This will result in a ten year green card.

Thanks Pushbrk. As I understand it, the IR1 is actually superior to the CR-1 in a variety of ways. Is that true?

Yeah, thats the one thing thats keeping me from filing the I-130 right away. Its a long story, but in Mexico no one has the authority to legally marry you except for a judge, so they all get their 'legal' marriage and certificate and all that first, and then they do the ceremony thereafter. Of course the ceremony is what's most important to any bride, but we have only done the first part (the legal marriage), and that was back in January of '06.

So the idea was to do our big wedding in Mexico in July and then she and our son would come up to live with me at the very beginning of August. But we'd like to be able to visit back and fourth in the meantime. I'm thinking that I will wait it out and get her here using her I-94 (Which is good for 9 more years) in August and then file right after she gets here.

That visa doesn't guarantee much, but at least we'd be able to be together while the I-130 is processing (ideally)

Timeline:

02/04/2004 - A young Zinker arrives in Mexico to study Spanish and the dating game begins

2004--2005 - Many subsequent visits to Mx ensue to be with my love; engaged in March 2005!

04/??/2005 - I-129F is filed from within the US

06/09/2005 - Zinker moves to Mexico

09/??/2005 - I-129F is approved

10/15/2005 - Interview in Cd. Juarez and subsequently approved for a K1 Visa!..But visa is left in Juarez

10/17/2005 - Due to unexpected pregnancy and a job offer in Mx - we decide not to pursue the visa and it expires :(

01/04/2006 - Married in Mexico

10/09/2011 - Two children later and a comfortable life in Mexico... Preparing to file I-130 in December 2011. Stay Tuned!

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If she comes to visit before the I-130 gets in the system, she can certainly stay until her I-94 expires. After departing, she is likely to need evidence of ties to Mexico to get back in for another visit before the IR1 or K3 visa is in hand. She would not get a CR1 visa because you will have been married for two years before the visa is issued. This will result in a ten year green card.

Thanks Pushbrk. As I understand it, the IR1 is actually superior to the CR-1 in a variety of ways. Is that true?

Yeah, thats the one thing thats keeping me from filing the I-130 right away. Its a long story, but in Mexico no one has the authority to legally marry you except for a judge, so they all get their 'legal' marriage and certificate and all that first, and then they do the ceremony thereafter. Of course the ceremony is what's most important to any bride, but we have only done the first part (the legal marriage), and that was back in January of '06.

So the idea was to do our big wedding in Mexico in July and then she and our son would come up to live with me at the very beginning of August. But we'd like to be able to visit back and fourth in the meantime. I'm thinking that I will wait it out and get her here using her I-94 (Which is good for 9 more years) in August and then file right after she gets here.

That visa doesn't guarantee much, but at least we'd be able to be together while the I-130 is processing (ideally)

The difference between CR1 and IR1 is simply that the green card will be for 10 years instead of the 2 year one that needs conditions removed.

Your plan will work but a 6 month stay won't be enough to complete the whole visa process and she may not get in a second time.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-3 Visa Country: Brazil
Timeline

You lived with her in mexico for 3 years, get direct consular filling, it's WAY faster

dd/mmm/aaaa

05/jun/2007 - Got married

I-130

08/aug/2007 - I-130 Packet sent to NSC

09/aug/2007 - I-130 Packet received

19/sep/2007 - NOA1 receipt date

25/sep/2007 - NOA1 arrived

23/apr/2008 - APPROVED

Timeline estimated adjudication on March 4, 2008. It was adjudicated on April 23.

Our I-130 was approved in 258 days.

I-129F

09/oct/2007 - I-129F Packet sent to CSC

10/oct/2007 - I-129F Packet received

12/oct/2007 - NOA1 receipt date

20/oct/2007 - NOA1 received

23/apr/2008 - APPROVED

Timeline estimated adjudication on April 4, 2008. It was adjudicated on April 23.

Our I-129f was approved in 197 days.

NVC

08/may/2008 - replied to my e-mail sent on april 30, saying that our petition has been sent to the consulate.

Consulate

20/JUN/2008 - Interview - APPROVED!!!

AOS

18/mar/2009 - Packet delivered

24/mar/2009 - NOA for AOS and EAD date

25/mar/2009 - Check cashed

15/apr/2009 - Biometrics done

22/may/2009 - EAD approved

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