I-130 held back for processing of 129f?

[Cornishman 3]

Hi!

I've just been told that if you have filed both the I-130 and I-129f the I-130 approval will be held back until approval of the I-129f. Does anyone know more about this or had any experiences with it? So I filed my I-130 in Sept 07 and should be receiving NOA-2 now according to timelines. But am I going to have to wait 4 more months until the I-129f processing date comes round? This doesn't seem fair! Any ideas?

Cheers

Dave

[jeca 0]

Who told u that?I see quite opposite here on VJ.They approve your I-130 and forward it to NVC and they hold I-129F and don't do anything with it as if you didn't file it at all.

[YuAndDan 153]

This has been posted about quite often since USCIS has started this practice. The decision to do CR-1 OR K-3 needs to be made before you file I-129F for the K-3.

USCIS has been doing this because the majority of K-3 visa holders adjust status in the USA rather than wait for the I-130 to process through NVC and do CR-1 interview at the consulates. This was just causing a lot of extra paperwork for Department of State only to have to return the I-130 to USCIS due to K-3 adjusting status.

This has been happening since at least last summer.

SEE: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Edited April 4, 2008 by YuAndDan

[pushbrk 12,146]

This has been posted about quite often since USCIS has started this practice. The decision to do CR-1 OR K-3 needs to be made before you file I-129F for the K-3.

USCIS has been doing this because the majority of K-3 visa holders adjust status in the USA rather than wait for the I-130 to process through NVC and do CR-1 interview at the consulates. This was just causing a lot of extra paperwork for Department of State only to have to return the I-130 to USCIS due to K-3 adjusting status.

This has been happening since at least last summer.

SEE: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

While that's all correct there are really two intertwined issues. The OP is partly asking about waiting to approve the I-130 until the I-129F can be approved. Since they filed the I-129F four months later than the I-130, they naturally wish their I-130 would move ahead independantly from their I-129F.

The fact is it might. They may also approve both petitions within the normal processing time for the I-130 but hold the I-130 for AOS. They may also approve both petitions within the normal processing time for the I-129F or somewhere in between due to delays in getting the two petitions married up. We just won't know until we know.

In any event, since November 2006 properly informed petitioners have known about the press release and policy in the link Dan gave above. Those not properly informed have tended to pay a price in time as a result. Unfortunately, reducing time apart is not the first priority of USCIS.

[Cornishman 3]

This has been posted about quite often since USCIS has started this practice. The decision to do CR-1 OR K-3 needs to be made before you file I-129F for the K-3.

USCIS has been doing this because the majority of K-3 visa holders adjust status in the USA rather than wait for the I-130 to process through NVC and do CR-1 interview at the consulates. This was just causing a lot of extra paperwork for Department of State only to have to return the I-130 to USCIS due to K-3 adjusting status.

This has been happening since at least last summer.

SEE: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

While that's all correct there are really two intertwined issues. The OP is partly asking about waiting to approve the I-130 until the I-129F can be approved. Since they filed the I-129F four months later than the I-130, they naturally wish their I-130 would move ahead independantly from their I-129F.

The fact is it might. They may also approve both petitions within the normal processing time for the I-130 but hold the I-130 for AOS. They may also approve both petitions within the normal processing time for the I-129F or somewhere in between due to delays in getting the two petitions married up. We just won't know until we know.

In any event, since November 2006 properly informed petitioners have known about the press release and policy in the link Dan gave above. Those not properly informed have tended to pay a price in time as a result. Unfortunately, reducing time apart is not the first priority of USCIS.

Thanks for the replies.

So I guess we really just dont know what is happening. Seems to be the general trend. Its just frustrating when filers from a few months after we filed out I-130 are being approved before us. Crazy system!

I guess we'll see what happens.

Thanks guys

Dave