I-130

[gregmeg 0]

Good day!

I already received the NOA1 from I-130 but no any instructions attach and when i entered my receipt number it didn't show up. I am very confused about it. so do i need to file I-129f even no instructions yet? Please help my case. Thanks in advance.

[canadian_wife 1,791]

Nope, no need for the I-129F. It slows down the peititon and NVC will closed the approved petition once it leaves USCIS

Give it a few days, then try entering your case number online sometimes it takes time for it to show up

Good luck

[Amy and Nick 37]

Many people on VJ are unable to sign into USCIS with their receipt number. There doesnt seem to be any rhyme or reason why some can, and some cant.

With regards to the I-129F, the K-3 is pretty much a dead end. It was brought in when I-130's were taking years to process, but they now end up taking the same amount of time (applying K-3 can in some cases even make your petition take longer).

You are better off following the CR-1/IR-1 route. Read the guides above. Its a much cheaper option, and work out much better for the immigrant spouse as they have SSN immediately.

[YuAndDan 153]

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

Edited February 25, 2011 by YuAndDan

[Darnell 8,478]

where did you 'read' this 'bit' about 'waiting for instructions' to file the I-129F?

TIA !