Quition about upgrade I130

[Mike1976 0]

Hi all in VJ.

I just have a quition about the upgrade for I130.

I filed the petition back in novmber,2006 when i was LPR and i upgraded it on june 2008 after i became a US citizen.

Now i don't know what date the USCIS consider it for the petition. i spoke to couple of immigration oficers on the phone some told me the origenal date and other told me when you upgrade it you start all over again becouse you changed your status .

what do you guys think?

[nimche 8]

You still have no approval?

Did you apply for K3 visa afterward? If you didn't then just make sure you won't do it because that causes some confusion....

Your original date doesn't change and priority stays same, you should be able to call them by now and let them know that your case is outside of normal processing time.

Edited October 16, 2008 by nimche

[Mike1976 0]

You still have no approval?

Did you apply for K3 visa afterward? If you didn't then just make sure you won't do it because that causes some confusion....

Your original date doesn't change and priority stays same, you should be able to call them by now and let them know that your case is outside of normal processing time.

thanks for the reply. Yes i did applied for K3 visa too on augest , what is the confusion that may cause? i called the many time and made a service request and they sent me a letter to say my case still pending that's all .

tell me what's your experiance in this setuation?

[nimche 8]

They are some factors to consider here:

1) I have seen many cases which applicant upgraded their case and then applied for K3 to process faster but USCIS as beening confused all the time they gave them a new priority date and the whole thing went to hell. I don't know if you can widthraw your K3 and follow up with only IR1. (This is my personal experience and it is based on only my knowledge and please consulate a lawyer if you are willing to do so)

2) Make sure that your upgrade has been gone through and they know the princinple applicant which is you, is a USC

3) If the item 2 is correct, then call them and ask them to file an inquiry on your behalf and ask vermont to process this case ASAP since your priority date on the NOA shows Nov. 2006 while Vermont is processing November 26, 2007

Check the link: https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=VSC

They should take care of this ASAp and I have no idea why they haven't.

Thats crazy. Keep in mind I don't encourage you to take your I-129F out, you shouldn't even apply at the first place.

What I said was only the solution I tought of and you should ask others to make sure you are doing a right thing as I might be wrong.

look at VJ and see what is the processing time for I-129F in Vermont and what other people say.

You have to be very cautious for any action you are taking. Good Luck...

Edited October 16, 2008 by nimche

[Mike1976 0]

They are some factors to consider here:

1) I have seen many cases which applicant upgraded their case and then applied for K3 to process faster but USCIS as beening confused all the time they gave them a new priority date and the whole thing went to hell. I don't know if you can widthraw your K3 and follow up with only IR1. (This is my personal experience and it is based on only my knowledge and please consulate a lawyer if you are willing to do so)

2) Make sure that your upgrade has been gone through and they know the princinple applicant which is you, is a USC

3) If the item 2 is correct, then call them and ask them to file an inquiry on your behalf and ask vermont to process this case ASAP since your priority date on the NOA shows Nov. 2006 while Vermont is processing November 26, 2007

Check the link: https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=VSC

They should take care of this ASAp and I have no idea why they haven't.

Thats crazy. Keep in mind I don't encourage you to take your I-129F out, you shouldn't even apply at the first place.

What I said was only the solution I tought of and you should ask others to make sure you are doing a right thing as I might be wrong.

look at VJ and see what is the processing time for I-129F in Vermont and what other people say.

You have to be very cautious for any action you are taking. Good Luck...

I think those people don't care any humans feelings, I called them last month to let them know i am outside processing times and they sent me a letter says out computer systems shows that your case still pending and check our website for procissing times. wow i can't even laught about that. any way i just sent an email to my congress man maybe he can help me . pluse i sent a complain to abdusman 2 weeks ago but still no reply for this complain either. this is really crazy.

[nimche 8]

I am really sorry for your situation but:

It happens when you have two separate applications for the same purpose and both are for the same beneficiary.

USCIS is committed to process I-129F AKA K3 faster than your I-130 so almost they put your I-130 petition down and start processing your I-129F and then since it takes sometimes to process I-129F with current processing time, you get stuck but on the other hand if you could stick with only I-130, you should have already been approved by now and your Priority would stay as Nov, 2006.

With current situation and all shortcuts we have, K3 rout is wrong to me and useless especially in your case since it will cost you more and dealing time with USCIS will be much larger after beneficiary is here.

Good luck Again…

[Mike1976 0]

I am really sorry for your situation but:

It happens when you have two separate applications for the same purpose and both are for the same beneficiary.

USCIS is committed to process I-129F AKA K3 faster than your I-130 so almost they put your I-130 petition down and start processing your I-129F and then since it takes sometimes to process I-129F with current processing time, you get stuck but on the other hand if you could stick with only I-130, you should have already been approved by now and your Priority would stay as Nov, 2006.

With current situation and all shortcuts we have, K3 rout is wrong to me and useless especially in your case since it will cost you more and dealing time with USCIS will be much larger after beneficiary is here.

Good luck Again…

That's correct. and that's why i am going to withdrow my I129 to bring up the I130 route. i can't wait another 8 monthes for I129 the procissing time in VCS is jan,2008 so far from augest fillers. maybe that works and bring the i130 up again.

thanks for the reply, Good luck to you too

[so2008 0]

My advice is to keep the I-129f as it is and just push for both of them. it is bad idea to withdraw. If it works for someboday that does not mean he is right.

[Mike1976 0]

My advice is to keep the I-129f as it is and just push for both of them. it is bad idea to withdraw. If it works for someboday that does not mean he is right.

you know guys . i am seating now emailing all the government . i am not going to be quite anymore. 1 more month if nothing show up then the law suite will go on with the USCIS.

Good luck everyone

[nimche 8]

My advice is to keep the I-129f as it is and just push for both of them. it is bad idea to withdraw. If it works for someboday that does not mean he is right.

s/he is right. If it doesn't work for me it doesn't mean it won't work for you.

Withdraw might be a really bad idea.

Keep researching.

[ninjarocket 1]

I was in the same situation. I heard that USCIS consider the relevant date to be that of the upgrade as regards your I-130 processing. If this is true, it makes the process of submitting an I-130 while a LPR a waste of time.

However, that doesn't stop you from calling USCIS because the petition is far outside the processing time.

[ninjarocket 1]

At least you got a response from your service request. I never got a response to any of mine, in spite of the fact that my petitions were eventually approved.

Applying for the k3 after becoming Naturalized shouldn't confuse USCIS. It's a legitimate procedure that worked for me, although it took 12 months for my petitions to be approved.

You still have no approval?

Did you apply for K3 visa afterward? If you didn't then just make sure you won't do it because that causes some confusion....

Your original date doesn't change and priority stays same, you should be able to call them by now and let them know that your case is outside of normal processing time.

thanks for the reply. Yes i did applied for K3 visa too on augest , what is the confusion that may cause? i called the many time and made a service request and they sent me a letter to say my case still pending that's all .

tell me what's your experiance in this setuation?

[Mike1976 0]

At least you got a response from your service request. I never got a response to any of mine, in spite of the fact that my petitions were eventually approved.

Applying for the k3 after becoming Naturalized shouldn't confuse USCIS. It's a legitimate procedure that worked for me, although it took 12 months for my petitions to be approved.

You still have no approval?

Did you apply for K3 visa afterward? If you didn't then just make sure you won't do it because that causes some confusion....

Your original date doesn't change and priority stays same, you should be able to call them by now and let them know that your case is outside of normal processing time.

thanks for the reply. Yes i did applied for K3 visa too on augest , what is the confusion that may cause? i called the many time and made a service request and they sent me a letter to say my case still pending that's all .

tell me what's your experiance in this setuation?

Thanks , well like i said in the begaining most of the immigration officers that i spoke to told me that too. they go by the date of the upgrade not the origenal filling date. i was in the congressman's office today and they toke a copy of my NO1 they told me that they will get back to me with a reply from vermont service center in 2 to 3 weeks. at last i could know what's going on.

Also the date they sent out the reply to my service request on october first i saw a touch in my i-130 online. i thought they will work on it but that only becouse of my service request .

[Nita&Assaad 0]

No this not true, your petition continues from time you upgraded! when you petition in Nov 2006 they did a couple months work on it, then after that they kind of put it on hold until the day you become a US Citizen. You can just call them to upgrade it. Then from there depending on USCIS backlog secruity check etc... It depends how long it can take.... But it should only take 3 to 4 months additional to prcoess an updated petition...I was told this when I went through the process as well from various government agencies including USCIS... So if you upgraded it in June be patient it's probably coming soon unless you are in secruity checks which can take longer. This was happen to us...

Good Luck

Nita

Hi all in VJ.

I just have a quition about the upgrade for I130.

I filed the petition back in novmber,2006 when i was LPR and i upgraded it on june 2008 after i became a US citizen.

Now i don't know what date the USCIS consider it for the petition. i spoke to couple of immigration oficers on the phone some told me the origenal date and other told me when you upgrade it you start all over again becouse you changed your status .

what do you guys think?

Yes K-3 visa maybe another delay.. For us it was and they ended up cancelling ours

You still have no approval?

Did you apply for K3 visa afterward? If you didn't then just make sure you won't do it because that causes some confusion....

Your original date doesn't change and priority stays same, you should be able to call them by now and let them know that your case is outside of normal processing time.

thanks for the reply. Yes i did applied for K3 visa too on augest , what is the confusion that may cause? i called the many time and made a service request and they sent me a letter to say my case still pending that's all .

tell me what's your experiance in this setuation?

Edited October 17, 2008 by Nita&Assaad

[Mike1976 0]

No this not true, your petition continues from time you upgraded! when you petition in Nov 2006 they did a couple months work on it, then after that they kind of put it on hold until the day you become a US Citizen. You can just call them to upgrade it. Then from there depending on USCIS backlog secruity check etc... It depends how long it can take.... But it should only take 3 to 4 months additional to prcoess an updated petition...I was told this when I went through the process as well from various government agencies including USCIS... So if you upgraded it in June be patient it's probably coming soon unless you are in secruity checks which can take longer. This was happen to us...

Good Luck

Nita

Hi all in VJ.

I just have a quition about the upgrade for I130.

I filed the petition back in novmber,2006 when i was LPR and i upgraded it on june 2008 after i became a US citizen.

Now i don't know what date the USCIS consider it for the petition. i spoke to couple of immigration oficers on the phone some told me the origenal date and other told me when you upgrade it you start all over again becouse you changed your status .

what do you guys think?

Yes K-3 visa maybe another delay.. For us it was and they ended up cancelling ours

You still have no approval?

Did you apply for K3 visa afterward? If you didn't then just make sure you won't do it because that causes some confusion....

Your original date doesn't change and priority stays same, you should be able to call them by now and let them know that your case is outside of normal processing time.

thanks for the reply. Yes i did applied for K3 visa too on augest , what is the confusion that may cause? i called the many time and made a service request and they sent me a letter to say my case still pending that's all .

tell me what's your experiance in this setuation?