Please help: I-130 approved super-fast! But what about my I-129F?

[pushbrk 12,249]

I just called USCIS, and the person I spoke with suggested that I could request expedited processing of my I-129F to resolve this situation, as my I-130 has already been approved and my I-129F should have been approved along with it.

I think that is what I should do.

We don't call this the misinformation line for nothing. Yes, anybody can request expedited service for any reason but there's no telling what the result will be or how long it will take to know that result. While you're waiting, I'd be pushing that I-130 through NVC.

You seem to be stuck on the K3 being better for you because it's faster. It's only faster when it actually is faster. This doesn't look like one of those times to me.

[BenAndNida 0]

Happy to clarify. If an I-130 is approved before USCIS receives an I-129F, the I-129F will be rejected because one of the conditions for filing the I-129F for a spouse is that an I-130 be "pending". On another score, if your I-130 is on station at a US Consulate abroad, a K3 visa cannot be issued because an immigrant visa is "immediately available". I wasn't referring to quotas.

Right, but that wasn't the case. USCIS approved my I-130 and sent it on to the NVC, despite the fact that my I-129F was already on file for nearly three weeks.

So, they made a mistake, and that is the issue.

[pushbrk 12,249]

Happy to clarify. If an I-130 is approved before USCIS receives an I-129F, the I-129F will be rejected because one of the conditions for filing the I-129F for a spouse is that an I-130 be "pending". On another score, if your I-130 is on station at a US Consulate abroad, a K3 visa cannot be issued because an immigrant visa is "immediately available". I wasn't referring to quotas.

Right, but that wasn't the case. USCIS approved my I-130 and sent it on to the NVC, despite the fact that my I-129F was already on file for nearly three weeks.

So, they made a mistake, and that is the issue.

Please stop complaining about a mistake. They didn't make a mistake. They approved your I-130 before it was possible to connect the two petitions. The fast approval is a good thing. I gave you two scenarios above. You can prevent the second by ignoring NVC's correspondence but you have no control over what USCIS does with your I-129F or when. I know one of the possibilities is that it takes three or four months before you hear they returned it to you unprocessed. That too would be a mistake, IMO but a mistake you pay the price for in time away from your spouse.

Edited August 25, 2008 by pushbrk

[BenAndNida 0]

We don't call this the misinformation line for nothing. Yes, anybody can request expedited service for any reason but there's no telling what the result will be or how long it will take to know that result. While you're waiting, I'd be pushing that I-130 through NVC.

You seem to be stuck on the K3 being better for you because it's faster. It's only faster when it actually is faster. This doesn't look like one of those times to me.

I agree with your first point above: My I-130 should continue to be processed by NVC (regardless of what I do now).

But I don't see how it could hurt to attempt to get my I-129F approved as well. That would seem most likely to lead to a faster path through NVC.

From this point, the K-3 route still seems to be about twice as fast as the CR-1 route, so that is why I want to do that.

Sadly, I agree that none of these processing times are predictable. (And btw: I do feel *very sorry* for all of the other people waiting, particularly at VSC. The fact that these processing times are so arbitrary really only highlights the huge problems of the USCIS, which I have written about extensively elsewhere. [The main problem is that USCIS in insufficiently funded/staffed, imo. In a sane world, visa processing should only take about 6-8 weeks, not 6-8 months.])

[BenAndNida 0]

Please stop complaining about a mistake. They didn't make a mistake. They approved your I-130 before it was possible to connect the two petitions.

They most certainly did make a mistake. Whoever was processing my I-130 should have seen that I have an I-129F on file.

There is no way an I-130 petition should be forwarded to NVC if I have an I-129F on file.

[~Jackie~ 30]

Of course it has to go thru to NVC. It is the I130. In my opinion, you are confused on the importance of the inevitable I130. Go with what ya got. The next bus might be a long time coming.

jJ

[pushbrk 12,249]

Please stop complaining about a mistake. They didn't make a mistake. They approved your I-130 before it was possible to connect the two petitions.

They most certainly did make a mistake. Whoever was processing my I-130 should have seen that I have an I-129F on file.

There is no way an I-130 petition should be forwarded to NVC if I have an I-129F on file.

Ok, I'm through beating you over the head. Of course your I-130 went to NVC. For the past several months even those people with both petitions approved the same day have both petitions sent to NVC. With the exception of about 15 months from November, 2006 to February or March, 2008 that's the way it has always been.

Your assumption that they should have seen that you have and I-129F on file is a fantasy.

Your I-130 will not proceed any further without input from you. It will just sit at NVC unless you respond to their correspondence. You've already been given the link to how to push it through within a few weeks. Once the petition leaves NVC, the timelines are the same. There's absolutely no reason to be confident you can even get your I-129F approved that fast.

You have the information you need to make a decision. It's yours to make. If you insist on stubbornly holding onto your initial expectations, you are quite likely to be severely disappointed in the result.

You had a good plan. A really good thing happened to that plan. Your I-130 got approved in 30 days. Enjoy it. You may well have a CR1 visa faster than you ever dreamed of having a K3.

Or, you could shoot yourself in the foot and take a year to get the K3.

Edited August 25, 2008 by pushbrk

[daboyz 36]

Of course it has to go thru to NVC. It is the I130. In my opinion, you are confused on the importance of the inevitable I130. Go with what ya got. The next bus might be a long time coming.

jJ

Agreed. I know you want your SO here right away, but why throw a wrench in this, that could potentially screw things up and cause some kind of massive delay. You got the I-130 approval. Go with it. Spend a little time reading the horror stories on here. If being with your wife quicker, is the only reason you want to go with the K-3, I think you should consider you are dealing with a very un-predictable process here. You have the I-130 approval. Be happy, don't try to mess with it. You could end up sitting in a box under someones desk for the next 12-18 months. You're I-130 is either at NVC or on the way. So you're done with USCIS for now. If you want to stick with the K-3, and try to delay the I-130 process, remember you were warned. Don't come back in 6 months complaining that USCIS can't find your I-129F, and has since you put the brakes on your I-130 because you requested that, and then now your I-130 is missing. You are dealing with a government entity here. They have a monopoly on this process, so you can't go to their competitor if you are unhappy with their service. Stick with what you have and be grateful for it.

[BenAndNida 0]

I just spoke with USCIS again (because I wanted to inquire how to "expedite request" processing of my I-129F, based upon what the first USCIS person told me).

However, this second USCIS person indicated that there is no reason to expect that my I-129F should be approved concurrently with my I-130, despite the frequency of that occurrence for many other people.

She indicated that the I-130 and I-129F are essentially two completely separate and independent paths, the speeds of which are highly variable.

So, she recommended that I simply allow my I-130 to proceed at NVC and continue to wait for my I-129F to be processed by USCIS.

Everything about this whole process is so crazy, imo. We're essentially filing two separate applications (I-130 and I-129F) for a variable type of visa (either K-3 or CR-1 depending upon random processing times).

[daboyz 36]

Please stop complaining about a mistake. They didn't make a mistake. They approved your I-130 before it was possible to connect the two petitions.

They most certainly did make a mistake. Whoever was processing my I-130 should have seen that I have an I-129F on file.

There is no way an I-130 petition should be forwarded to NVC if I have an I-129F on file.

Ok, I'm through beating you over the head. Of course your I-130 went to NVC. For the past several months even those people with both petitions approved the same day have both petitions sent to NVC. With the exception of about 15 months from November, 2006 to February or March, 2008 that's the way it has always been.

Your assumption that they should have seen that you have and I-129F on file is a fantasy.

Your I-130 will not proceed any further without input from you. It will just sit at NVC unless you respond to their correspondence. You've already been given the link to how to push it through within a few weeks. Once the petition leaves NVC, the timelines are the same. There's absolutely no reason to be confident you can even get your I-129F approved that fast.

You have the information you need to make a decision. It's yours to make. If you insist on stubbornly holding onto your initial expectations, you are quite likely to be severely disappointed in the result.

You had a good plan. A really good thing happened to that plan. Your I-130 got approved in 30 days. Enjoy it. You may well have a CR1 visa faster than you ever dreamed of having a K3.

Exactly. Be happy. Go out and celebrate. Don't screw up a good thing you have. Forget that K-3 even exists.

[pushbrk 12,249]

I just spoke with USCIS again (because I wanted to inquire how to "expedite request" processing of my I-129F, based upon what the first USCIS person told me).

However, this second USCIS person indicated that there is no reason to expect that my I-129F should be approved concurrently with my I-130, despite the frequency of that occurrence for many other people.

She indicated that the I-130 and I-129F are essentially two completely separate and independent paths, the speeds of which are highly variable.

So, she recommended that I simply allow my I-130 to proceed at NVC and continue to wait for my I-129F to be processed by USCIS.

Everything about this whole process is so crazy, imo. We're essentially filing two separate applications (I-130 and I-129F) for a variable type of visa (either K-3 or CR-1 depending upon random processing times).

You're starting to wake up. Again, we don't call it the misinformation line for nothing. You want a third answer from them? Just call again. A fourth?......

[daboyz 36]

I just spoke with USCIS again (because I wanted to inquire how to "expedite request" processing of my I-129F, based upon what the first USCIS person told me).

However, this second USCIS person indicated that there is no reason to expect that my I-129F should be approved concurrently with my I-130, despite the frequency of that occurrence for many other people.

She indicated that the I-130 and I-129F are essentially two completely separate and independent paths, the speeds of which are highly variable.

So, she recommended that I simply allow my I-130 to proceed at NVC and continue to wait for my I-129F to be processed by USCIS.

Everything about this whole process is so crazy, imo. We're essentially filing two separate applications (I-130 and I-129F) for a variable type of visa (either K-3 or CR-1 depending upon random processing times).

As stated in a previous post. You are dealing with USCIS here. You can make 5 calls, and I bet you will get 5 different answers. Take your good fortune and go whistling down the road.

[BenAndNida 0]

Ok, I'm through beating you over the head. Of course your I-130 went to NVC. For the past several months even those people with both petitions approved the same day have both petitions sent to NVC. With the exception of about 15 months from November, 2006 to February or March, 2008 that's the way it has always been.

Your assumption that they should have seen that you have and I-129F on file is a fantasy.

Your I-130 will not proceed any further without input from you. It will just sit at NVC unless you respond to their correspondence. You've already been given the link to how to push it through within a few weeks. Once the petition leaves NVC, the timelines are the same. There's absolutely no reason to be confident you can even get your I-129F approved that fast.

You have the information you need to make a decision. It's yours to make. If you insist on stubbornly holding onto your initial expectations, you are quite likely to be severely disappointed in the result.

You had a good plan. A really good thing happened to that plan. Your I-130 got approved in 30 days. Enjoy it. You may well have a CR1 visa faster than you ever dreamed of having a K3.

Or, you could shoot yourself in the foot and take a year to get the K3.

You've touched upon a couple excellent points here that I have not been clear on, and I appreciate that.

First of all, I was under the impression that if an I-130 and I-129F were concurrently approved by USCIS, only one resulting case would be forwarded on to NVC. But as you indicated, that is apparently not the case. (They would still apparently be considered as two entirely separate and independent cases.)

So far, I have not received any correspondence from NVS, but I am curious about the following: If I initiate the processing of my I-130 at NVC, will that preclude/prevent the possible subsequent processing of my I-129F at NVC?

In other words, is there a point at which I will specifically have to choose between the processing of the I-130 or I-129F at NVC? Or can I just let both processes unfold at NVC and accept whichever is ultimately approved first?

[pushbrk 12,249]

Ok, I'm through beating you over the head. Of course your I-130 went to NVC. For the past several months even those people with both petitions approved the same day have both petitions sent to NVC. With the exception of about 15 months from November, 2006 to February or March, 2008 that's the way it has always been.

Your assumption that they should have seen that you have and I-129F on file is a fantasy.

Your I-130 will not proceed any further without input from you. It will just sit at NVC unless you respond to their correspondence. You've already been given the link to how to push it through within a few weeks. Once the petition leaves NVC, the timelines are the same. There's absolutely no reason to be confident you can even get your I-129F approved that fast.

You have the information you need to make a decision. It's yours to make. If you insist on stubbornly holding onto your initial expectations, you are quite likely to be severely disappointed in the result.

You had a good plan. A really good thing happened to that plan. Your I-130 got approved in 30 days. Enjoy it. You may well have a CR1 visa faster than you ever dreamed of having a K3.

Or, you could shoot yourself in the foot and take a year to get the K3.

You've touched upon a couple excellent points here that I have not been clear on, and I appreciate that.

First of all, I was under the impression that if an I-130 and I-129F were concurrently approved by USCIS, only one resulting case would be forwarded on to NVC. But as you indicated, that is apparently not the case. (They would still apparently be considered as two entirely separate and independent cases.)

So far, I have not received any correspondence from NVS, but I am curious about the following: If I initiate the processing of my I-130 at NVC, will that preclude/prevent the possible subsequent processing of my I-129F at NVC?

In other words, is there a point at which I will specifically have to choose between the processing of the I-130 or I-129F at NVC? Or can I just let both processes unfold at NVC and accept whichever is ultimately approved first?

You may continue to allow them to run independently until the I-130 arrives at a Conslulate abroad. At that point, the K3 is dead. I already explained this.

[cmnb 0]

Ok, I'm through beating you over the head. Of course your I-130 went to NVC. For the past several months even those people with both petitions approved the same day have both petitions sent to NVC. With the exception of about 15 months from November, 2006 to February or March, 2008 that's the way it has always been.

Your assumption that they should have seen that you have and I-129F on file is a fantasy.

Your I-130 will not proceed any further without input from you. It will just sit at NVC unless you respond to their correspondence. You've already been given the link to how to push it through within a few weeks. Once the petition leaves NVC, the timelines are the same. There's absolutely no reason to be confident you can even get your I-129F approved that fast.

You have the information you need to make a decision. It's yours to make. If you insist on stubbornly holding onto your initial expectations, you are quite likely to be severely disappointed in the result.

You had a good plan. A really good thing happened to that plan. Your I-130 got approved in 30 days. Enjoy it. You may well have a CR1 visa faster than you ever dreamed of having a K3.

Or, you could shoot yourself in the foot and take a year to get the K3.

You've touched upon a couple excellent points here that I have not been clear on, and I appreciate that.

First of all, I was under the impression that if an I-130 and I-129F were concurrently approved by USCIS, only one resulting case would be forwarded on to NVC. But as you indicated, that is apparently not the case. (They would still apparently be considered as two entirely separate and independent cases.)

So far, I have not received any correspondence from NVS, but I am curious about the following: If I initiate the processing of my I-130 at NVC, will that preclude/prevent the possible subsequent processing of my I-129F at NVC?

In other words, is there a point at which I will specifically have to choose between the processing of the I-130 or I-129F at NVC? Or can I just let both processes unfold at NVC and accept whichever is ultimately approved first?

a lot of us here wish they were in ur shoes...do urself a favor and forget about K3....u r lucky enough to get a much superior process waiting for u...good luck!