I-130 approved but now what?

[Ameena 0]

I applied for my husbands' I-130 in August 2011. We've been married since 2006, just couldn't save up the money for the I-130 fees. Still broke so no hope for the IR-1 fees at the moment. Had this all figured out back in 2010-2011- but what's the deal with the K3? Is it still acceptable? I have the NOA1 so should I file the I-129f now (which has no fees associated with it if it's filed for the K3) I read somewhere that USCIS is automatically tuning the I-130 to the IR-1 category and not accepting the K3 since 2010 (?Whattt?) I am currently in Pakistan with my husband, filed from here, never returned home yet....I was under the impression that I can simply file the I-129f since we are already married and then he goes for his interview and then we have 2 years to apply for his PR. Is this still how it goes? After this reallyy long wait- since 2006- I'm just ready to go home! BUT I refuse to be separated from y husband AGAIN!
Summary:
The I-130 IS approved...have the NOA1 from that...

what should the next step be? The I-129, I hope?

I'm sure somewhere on this site is the answer- I'm just too exhausted to search for it lol

THANKS!

Ameena and AD

[stevie b 141]

I applied for my husbands' I-130 in August 2011. We've been married since 2006, just couldn't save up the money for the I-130 fees. Still broke so no hope for the IR-1 fees at the moment. Had this all figured out back in 2010-2011- but what's the deal with the K3? Is it still acceptable? I have the NOA1 so should I file the I-129f now (which has no fees associated with it if it's filed for the K3) I read somewhere that USCIS is automatically tuning the I-130 to the IR-1 category and not accepting the K3 since 2010 (?Whattt?) I am currently in Pakistan with my husband, filed from here, never returned home yet....I was under the impression that I can simply file the I-129f since we are already married and then he goes for his interview and then we have 2 years to apply for his PR. Is this still how it goes? After this reallyy long wait- since 2006- I'm just ready to go home! BUT I refuse to be separated from y husband AGAIN!

Summary:

The I-130 IS approved...have the NOA1 from that...

what should the next step be? The I-129, I hope?

I'm sure somewhere on this site is the answer- I'm just too exhausted to search for it lol

THANKS!

Ameena and AD

okay so you filed the 130 from abroad? and you have your noa 1 ? and it is from aug 2011?

if that is correct, you should really call uscis for an update.. like yesterday!. it could be and don't bite back.. that you got approved already and is now collecting dust in the soon to be expired box.

being married over 2 years automatically converts the gc to a 10 year card

[Darnell 8,479]

if the I-130 is approved,

then filing the I-129F, to chase after a K-3, makes no sense,

as

you've no eligibility to file an I-129F anymore.

Why? What happened? An approved I-130 negates the I-129F, completely, at USCIS.

as for 'whats next' - the approved I-130 will move on to the National Visa Center,

and once it's there, ya do DOC INTAKE for the Visa Application.

IMO, smells like you'll be chasing after an IR-1 visa - so that's a plus..

Edited September 18, 2013 by Darnell

[Ameena 0]

Please explain to me WHEN and WHY the K3 (I129f) stopped being an option...I DO NOT have the finances for the IR1 yet- as I am disabled and no longer receive disability payments and can not work- and to file the IR1/CR-1 I want to bring my husband to USA and then HE can work and pay the fees for the stupid IR-1! godddddddddd does anyone else here feel like choking the ever lovin sh-- outta someone right now?LOL

.I'm going mad now!!! This is just too confusing!!! The site I've followed all along says this...nothing has changed since 2010 when I first started the process...

http://travel.state.gov/visa/immigrants/types/types_2993.html

• You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
• You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.
• After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

[LoveMyTico 999]

Please explain to me WHEN and WHY the K3 (I129f) stopped being an option...I DO NOT have the finances for the IR1 yet- as I am disabled and no longer receive disability payments and can not work- and to file the IR1/CR-1 I want to bring my husband to USA and then HE can work and pay the fees for the stupid IR-1! godddddddddd does anyone else here feel like choking the ever lovin sh-- outta someone right now?LOL

.I'm going mad now!!! This is just too confusing!!! The site I've followed all along says this...nothing has changed since 2010 when I first started the process...

http://travel.state.gov/visa/immigrants/types/types_2993.html

• You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
• You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.
• After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

Did you file the K-3? If not, nothing is stopping you from doing so, but if you already got an approval for the I-130 , the K-3 won't go anywhere. K-3's are taking longer to process these days and they usually meet up with the I-130 and then get closed anyway. The approval is good for a year. Let the USCIS and the NVC know you will take a little while to pay the fees. Don't let the time pass though, you'll have to re-file.

ASLO... I'm confused about what you said about not being able to afford the fee and you want your husband to pay for the fees after he gets here? Even with the K-3, You still need to meet the income eligiblity requirements for an approval. If you don't, you can get a co-sponsor.

Edited September 18, 2013 by LoveMyTico

[Darnell 8,479]

sorry, an I-129F gets no traction at USCIS when the I-130 is already approved.

[Darnell 8,479]

Please explain to me WHEN and WHY the K3 (I129f) stopped being an option..

Sure !

The I-129F stopped being an option when the I-130 was approved.

Got an approved I-130, you say? You have no basis for filing the I-129F anymore.

An I-129F is accepted with an I-130 petition is filed but not yet approved.

I know you've been away from the USA for a bit - whilst you were 'gone' - the IR-1 visa application fee amount dropped to $230 USD. That fee is collected at NVC.

If you were thinking to chase a K-3, really - here's some problems with your concept of him being in the USA to pay for the adjustment of status fees:

1. cannot work without an EAD in hand

2. cannot get EAD without filing for AOS (adjustment of status).

3. cannot properly file an AOS set without including payment (around 1000 bucks) .

So, really - do more learning about NVC Doc Intake, nowish. You've an approved I-130, the casefile will be transiting to NVC soon, and if you can scrape together 230 + 88 USD, you can pay the fees online with the National Visa Center. It's a cool deal, at the moment, and is actually the cheaper path for you.

I see, from your timeline, that your I-130 petition was approved on 2013-07-17.

It's quite possible the casefile is now, already, at NVC. You should call into NVC and ask about casefile status, and kickstart the NVC process. If you really want your husband in the USA, you must abandon the K-3 path, as USCIS closed that path for you when the I-130 was approved.

Edited September 18, 2013 by Darnell

[TBoneTX 47,519]

*** Thread moved from K-3 Process forum to CR-1 Process forum -- OP is on the CR-1 path. ***

[Ameena 0]

Thanks for the replies- even though yesterday I was out of my mind

@ LoveMyTico- I thought I couldn't aford to pay the IR-1 fees cuz last time I checked it was like $1080 +fingerprints+medical+travel to the embassy...Also, I am disabled (my disability payments stopped in April and woking is not an option for me, physically and especially not in Pakistan!)Husband works but earns very very little. I DO have a joint-sponsor who HAS filled out and sent with the I-130 the I-864.

So...new questions:
1. HOW do I file the IR-1? Actually it really IS a much better deal for me (expense-wise)

2. What is the benefit? (ie. does he get automatic work permission? Can he stay longer? etc.)
3. What should I do now? When do I pay the fees? When I file the IR-1 do I pay or at the interview or another time?

4. What is advanced parole and should I file that too?

Damn- I'm getting a new career after I leave this place LMAO I'ma be an immigration lawyer- and my answer will be toeveryone- DON'T DO IT! LOL

Thanks everyone!

Ameena and AD

[Darnell 8,479]

1. Chase NVC Doc intake .

2. almost instant work permission - chase SSN 2 weeks after arrival, then can work next day. Once he's in the USA, he'll receive a 10 year green card, so no further work with USCIS for 10 years, or sooner if he seeks to file for USCitizenship at the 3 year mark.

3. Chase NVC Doc Intake. Call NVC (use a telephone) and inquire for casefile status. Find LingChe in the WIKI and follow the steps. payment and doc intake done at NVC.

4. Not needed. IR-1 Visa holder not need it.

Go Get Em, and Good Luck !

ps - all of what you need to do is covered in an NVC Monthly Post. Here's an url for September - read all of post #1. I do mean all. Take yer time, but note you need to use a telephone to reach NVC to kickstart the process.

http://www.visajourney.com/forums/topic/451446-nvc-filers-september-2013/

http://www.visajourney.com/forums/topic/451446-nvc-filers-september-2013/

http://www.visajourney.com/forums/topic/451446-nvc-filers-september-2013/

Edited September 20, 2013 by Darnell

[Ameena 0]

Darnell... thanks SO MUCH for the guidence!! Amazing how everything with USCIS can change so quickly! it's just soooo frustrating! Like, I wanna just scream and beat my head against the wall kinda frustrating LOL but then my neighbors would be all "What's wrong with her NOW??"
ok... so... the IR-1...1. Chase NVC Doc intake...don't wanna seem more stupid than I already am, but WHAT DO YOU MEAN 'CHASE NVC DOC INTAKE" exactly? I mean, how long are we looking at for this part? Cuz I thought the I-130 was the longest part of the process (took 23 months and I'm not sure how much longer I can actually sit around and wait and do nothing- as you can tell, my mind is already gone lol)
So, I guess I'm going on an internet hunt for how to file the IR-1 yayyyy me LOL

One more question for now- The IR-1 is $230 I think you said... WHEN do I pay that? Do I send it with everything for the IR-1?
THANKS AGAIN!

I'm off to 'hunt' lol

Ameena

[Darnell 8,479]

How long, you ask ? Are ya sitting down?

Wait for it, wait for it.

YOU control the pace, at NVC, for Doc Intake during the Visa Application process.

You are now asking questions covered in one of the links listed in a NVC Monthly Thread. Time to find/read, la. I've given you one link. Click something. From a PC.

PS - did you telephone NVC today, learn anything about your casefile? If not, why not?

PPS - if you replace 'Internet Hunt' with 'Click the Link Darnell gave me' - you'll be fine.

No Internet Hunt required, just click the link. Reading is not optional, here. You must read.

Edited September 21, 2013 by Darnell

[Ameena 0]

Hi Darnell;

Thanks so much again for everything!

I have not yet called the NVC- why not? Because I just haven't had a way to do so just yet- nor the time.... Will do this evening.

ok- replacing "internet hunt" with "read the stuff Darnell gives me!" lol :-)

Damn... I thought reading was like an optional thing... well, I guess if I had been READING all of these years, I would not be sitting in this hot miserable country tight now eh? Guess I'll start reading like EVERYTHING on this site! why not? great way to pass time

THANKS AGAIN DARNELL! you've been a wonderful help to me!!

Ameena

[HislittleSecret 21]

Ok, thats good news. My question is, how much are spousal visa fees?

[Darnell 8,479]

Hi Darnell;

Thanks so much again for everything!

I have not yet called the NVC- why not? Because I just haven't had a way to do so just yet- nor the time.... Will do this evening.

ok- replacing "internet hunt" with "read the stuff Darnell gives me!" lol :-)

Damn... I thought reading was like an optional thing... well, I guess if I had been READING all of these years, I would not be sitting in this hot miserable country tight now eh? Guess I'll start reading like EVERYTHING on this site! why not? great way to pass time

THANKS AGAIN DARNELL! you've been a wonderful help to me!!

Ameena

Calling - IMO - Skype Unlimited, Prepaid for 3 months - gives you the best deal for the lowest price. Sure, you need a PC with an internet connection - but you can use something in an internet cafe on your skype account.

Reading is not optional here - and make sure yer reading the right stuff, as process and forms have changed since you first filed the I-130. Yer at a DIY Immigration WebPortal, so if'n you ain't prepared to D I Y, hire a teenager with excellent reading/comprehension/computer skills.

Tempus Fugit