what to do - help please

[wisdom 0]

i am from india. i got married to a usa citizen in jan 2008. my hubby filed for k3 visa under an immigration lawyer's advice in march 2008. the lawyer asked us to submit 130 and 129 forms at the same time. we got NOA 1 for 130 on 11march 2008 but none for 129. is there some way that i can track where the 129 from is.

was the lawyer wrong. what should we do next. should i file 129 again.

somebody please show a ray of hope

please help!!!!!!!!

[daisychain 0]

A fellow VJ member filed for the I-130 and I-129F at the same time and got approved. however...

We originally filed the I-130 march this year. After getting the NOA1, we filed for the I-129F. As it turns out, the payment for the I-130 was a few dollars off so the I-130 was returned and the case number was never entered in the USCIS website. Afterwards, the I-129F was returned stating that there was no such I-130 case number. So basically they returned the I-129F back to us because the I-130 case number associated with it wasn't in their database.

We had to refile all over again but this time everything turned out fine.

So from our experience, CSC will return I-129F form if the I-130 case number associated with the I-129F has not been entered into their database. If your lawyer filed it at the same time, I guess it depends on whether they process the I-129F after the I-130 case number has been issued.

Also, the I-129F package should include, "Copy of the NOA1 from the I-130."

The thing is, the I-129F is available for spouses of US citizens so they can stay in the US while awaiting the approval of the immigrant visa. So basically, an immigrant petition has to be filed first before an I-129F can be filed.

This is my two cents worth on the matter.

[CaNdiD wiTcH 0]

We do not have any news regarding K3 application though we received NOA1 for I-130. I was wondering what happened..

[Steve Y Jessica 1]

Ok, I did send both together to CSC. I did receive NOA's for both. But Also, I sent them directly to CSC, not the Cicago lockbox. I do not know if this makes a difference.

How were they sent? I made sure that they were seperate but in the same envelope with a note explaining my intentions. I explaind that I was sending the I-129F with my I-130 as proof that I had sent the I-130. And that my intentions were to follow the K3 process.

I would not worry too much right now, because if they reject the I-129F then they would return it to you saying that you need to submit proof of submitting the I-130. And since you have not received anything, I would just wait. Which I know is easier said than done. But if they were not sent in clearly seperated, they may not have noticed that there were two different petitions in the envelope. And untill someone starts to look over your petitions, they may not notice. And by then you should be on your way to the approval of your CR1.

[Urge To Race 2]

Filing together is certainly acceptable, and many people have filed both petitions together and gotten approved. Proof that you filed an I-130 can be in the form of "Copy of the NOA1 for the I-130", but it can also be that the I-130 is in the same envelope.

As to why the OP never got an NOA1 for the I129F, I don't know. There have been plenty of instances posted on VJ about people not getting NOA1s for various petitions.

A fellow VJ member filed for the I-130 and I-129F at the same time and got approved. however...

We originally filed the I-130 march this year. After getting the NOA1, we filed for the I-129F. As it turns out, the payment for the I-130 was a few dollars off so the I-130 was returned and the case number was never entered in the USCIS website. Afterwards, the I-129F was returned stating that there was no such I-130 case number. So basically they returned the I-129F back to us because the I-130 case number associated with it wasn't in their database.

We had to refile all over again but this time everything turned out fine.

So from our experience, CSC will return I-129F form if the I-130 case number associated with the I-129F has not been entered into their database. If your lawyer filed it at the same time, I guess it depends on whether they process the I-129F after the I-130 case number has been issued.

Also, the I-129F package should include, "Copy of the NOA1 from the I-130."

The thing is, the I-129F is available for spouses of US citizens so they can stay in the US while awaiting the approval of the immigrant visa. So basically, an immigrant petition has to be filed first before an I-129F can be filed.

This is my two cents worth on the matter.