I-130 & I-129F (K-3) Approved - Confusion!

[sierratango 0]

Hello Everyone,

After intervention from the Congressman for my district, my I-130 was approved. I received a Case Status update via e-mail to indicate this. Today, I received a mailed NOA2 regarding the I-129F (which also has an A-number on it now).

Now, the only reason I filed for a K-3 was just in case it was processed faster than the I-130. Clearly, that wasn't the case.

My concern is that I received a mailed NOA2 regarding the I-129F, but not for the I-130. Is it possible that they will refrain from forwarding the I-130 to NVC and hold for I-485 Adjustment of Status?

I would really like to abandon the I-129F and just pursue the I-130. Any suggestions? Will I have to pursue VSC or NVC to ensure that the I-130 is forwarded to NVC?

[imaisha 0]

It's possible that the two NOA2s just went into the mail at different times. Give it a few more days. Call NVC and enter the USCIS case number for the I-130 to see if they have a record of it yet. If they don't, don't panic- it's only been three days. If you received the case status update for the I-130 then you're fine. There's no reason they would hold the I-130 and force you to pursue the K3.

It's possible that it's gotten lost... but don't start thinking about that yet. It's waaay too soon to worry.

Oh and the A# on the NOA2 for the I-129f will be the same for the the I-130.

And congrats!

Edited July 17, 2009 by imaisha

[sierratango 0]

It's possible that the two NOA2s just went into the mail at different times. Give it a few more days. Call NVC and enter the USCIS case number for the I-130 to see if they have a record of it yet. If they don't, don't panic- it's only been three days. If you received the case status update for the I-130 then you're fine. There's no reason they would hold the I-130 and force you to pursue the K3.

It's possible that it's gotten lost... but don't start thinking about that yet. It's waaay too soon to worry.

Oh and the A# on the NOA2 for the I-129f will be the same for the the I-130.

And congrats!

Thanks for the prompt reply! And, it's nice to see that you're almost at the end of the process! No panicking here. However, I'm always a bit apprehensive - considering the types of replies I've received while calling USCIS.

On an amusing note, I made an inquiry regarding the I-130 before contacting the Congressman's office. I inquired because VSC had 5 months posted as processing dates on their site, while mine was at 6. They said it would take up to 45 days for the inquiry to be complete. Today, along with the NOA2 for the I-129F, I received a notice saying that they'll process my applications within the next 5 months!

I'm just thankful for all of the information on this site. I probably wouldn't have thought of contacting a Congressman's office regarding such matters. And, they ended up being very helpful and courteous throughout!

[imaisha 0]

Hehe yeah I know that feeling very well. I was approved after 7 months so I had all the wheels turning. Got a response to my service requests around 2 weeks after my NOA2s saying, "We no longer have your case. Please contact NVC with any further questions." Gee thanks guys!

[sierratango 0]

Hehe yeah I know that feeling very well. I was approved after 7 months so I had all the wheels turning. Got a response to my service requests around 2 weeks after my NOA2s saying, "We no longer have your case. Please contact NVC with any further questions." Gee thanks guys!

So, an NVC case number was assigned for the I-130. It doesn't indicate that any additional paperwork has been sent as of yet (says beneficiary will receive information within X number of weeks). However, I just received a notice in the mail from NVC regarding the I-129F (K3) application. It says it will be sent to the Vancouver consulate within 1 week for additional processing.

Now, clearly, the K-3 is somewhat of a useless option to pursue (since they were approved at the same time). So, I do want to drop that application and just pursue the CR-1. Should I just ignore any further requests for the K-3 and look out for ones for the CR-1? Will ignoring the requests for the K-3 jeopardize the CR-1 application?

I've noticed some posts where people have thought about writing a letter to withdraw the I-129F. I've seen responses that seem to indicate that writing to withdraw could cause the withdrawal of the I-130 as well. Any thoughts on the best route to pursue here?

[imaisha 0]

Hehe yeah I know that feeling very well. I was approved after 7 months so I had all the wheels turning. Got a response to my service requests around 2 weeks after my NOA2s saying, "We no longer have your case. Please contact NVC with any further questions." Gee thanks guys!

So, an NVC case number was assigned for the I-130. It doesn't indicate that any additional paperwork has been sent as of yet (says beneficiary will receive information within X number of weeks). However, I just received a notice in the mail from NVC regarding the I-129F (K3) application. It says it will be sent to the Vancouver consulate within 1 week for additional processing.

Call NVC and give them both of your email addresses. Then they'll email you all the paperwork. Much quicker than waiting X number of weeks for the mail.

Now, clearly, the K-3 is somewhat of a useless option to pursue (since they were approved at the same time). So, I do want to drop that application and just pursue the CR-1. Should I just ignore any further requests for the K-3 and look out for ones for the CR-1? Will ignoring the requests for the K-3 jeopardize the CR-1 application?

Yes just ignore the rest of the K-3 process. No, it won't hurt the CR-1 application. The petitions have been separated now.

I've noticed some posts where people have thought about writing a letter to withdraw the I-129F. I've seen responses that seem to indicate that writing to withdraw could cause the withdrawal of the I-130 as well. Any thoughts on the best route to pursue here?

You wouldn't be withdrawing the petition. They're referring to when they are both still at USCIS. If anything you'd just be sending a letter to the embassy to let them know you're pursuing the CR-1 and you no longer wish to continue with the K-3. It's not necessary though. People abandon petitions all the time.

[sierratango 0]

Hehe yeah I know that feeling very well. I was approved after 7 months so I had all the wheels turning. Got a response to my service requests around 2 weeks after my NOA2s saying, "We no longer have your case. Please contact NVC with any further questions." Gee thanks guys!

So, an NVC case number was assigned for the I-130. It doesn't indicate that any additional paperwork has been sent as of yet (says beneficiary will receive information within X number of weeks). However, I just received a notice in the mail from NVC regarding the I-129F (K3) application. It says it will be sent to the Vancouver consulate within 1 week for additional processing.

Call NVC and give them both of your email addresses. Then they'll email you all the paperwork. Much quicker than waiting X number of weeks for the mail.

Now, clearly, the K-3 is somewhat of a useless option to pursue (since they were approved at the same time). So, I do want to drop that application and just pursue the CR-1. Should I just ignore any further requests for the K-3 and look out for ones for the CR-1? Will ignoring the requests for the K-3 jeopardize the CR-1 application?

Yes just ignore the rest of the K-3 process. No, it won't hurt the CR-1 application. The petitions have been separated now.

I've noticed some posts where people have thought about writing a letter to withdraw the I-129F. I've seen responses that seem to indicate that writing to withdraw could cause the withdrawal of the I-130 as well. Any thoughts on the best route to pursue here?

You wouldn't be withdrawing the petition. They're referring to when they are both still at USCIS. If anything you'd just be sending a letter to the embassy to let them know you're pursuing the CR-1 and you no longer wish to continue with the K-3. It's not necessary though. People abandon petitions all the time.

Thanks for the info! We went ahead and e-mailed with the DS-3032 response (as per the shortcuts listed on the WIKI). I tried to call the NVC to see if I could obtain an IIN to pay the AOS fee of $70. They said they don't have access to that. However, I did provide them with both of our e-mail addresses. I hope to receive the request for the AOS fee soon.

[sierratango 0]

As the Montreal consulate is allowing for electronic processing, we have requested this and submitted our DS-3032 via e-mail. In addition, both the AOS and IV fees have been paid online. However, what I can't tell is whether I have to wait for them to tell me to submit the Affidavit of Support. I see multiple warnings about not sending info until it is requested. However, at the same time, paying the AOS fee resulted in messages that mentioned the next step being the Affidavit of Support.

Any thoughts on this? Also, does anyone here know how long it generally takes to get a passport back from the Montreal consulate (with the visa affixed), if an approval is granted? Is it required to wait for it via ExpressPost mail, or can an individual go to the consulate and pick it up a day or two afterwards?