I-130 Receipt Notice

[nvdltasig 0]

I received the I-797C, Notice of Action from the USCIS for my I-130 submission. Can I file my I-129F packet now, or do I need to wait for a second letter notifying me that my I-130 has been transferred to the California Service Center?

[YuAndDan 153]

The receipt notice should tell you that the I-130 is being transfered to VSC or CSC and address of the center, you can file the I-129F to the center indicated on the I-130 NOA1, and atach a copy of NOA1 letter to the I-129F.

HOWEVER

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

http://www.visajourney.com/timeline/profile.php?id=58945

Edited December 16, 2008 by YuAndDan

[Waldo 0]

My wife and I are in the same boat. I heard of the CR1 after we had sent the I130 form in. On the cover letter I stated that it was for intent to continue with the I129 for k3 visa. Because it's the same process up to this point for the K3 and CR1 can I change directions and go with the CR1 and if so do I need to FWD the USCIS anything letting them know? Thanks.

[YuAndDan 153]

My wife and I are in the same boat. I heard of the CR1 after we had sent the I130 form in. On the cover letter I stated that it was for intent to continue with the I129 for k3 visa. Because it's the same process up to this point for the K3 and CR1 can I change directions and go with the CR1 and if so do I need to FWD the USCIS anything letting them know? Thanks.

Making that notation "Intent to do K-3" MAY get the I-130 held back by USCIS and the I-129F forwarded to NVC for K-3 when approved.

Wait for NOA2 for I-130 and I-129F and see, then contact NVC about 2 weeks later to see if I-130 got sent to NVC, if so then ask them to send you the I-864 packet, and keep the CR-1 process moving through NVC.

If I-130 is NOT sent on to NVC, you can file an I-824 t USCIS requesting counselor processing of the I-130.

IF the two petitions run their course, and it looks like CR-1 may catch up to K-3, you may contact DOS and/or consulate and request K-3 interview to be postponed, and when CR-1 gets sent to consulate, then contact DOS and/or consulate and request the K-3 interview be changed to CR-1.

[himher 634]

You can file the packet now if K3 is the path that you are choosing. You only need to send in the I-130 NOA1 as proof you filed the I130.

I received the I-797C, Notice of Action from the USCIS for my I-130 submission. Can I file my I-129F packet now, or do I need to wait for a second letter notifying me that my I-130 has been transferred to the California Service Center?