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jameswhunt

Just got off the phone with immigration officer... What do you think about this?

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Before my wife and I got married we filed a I-129F petition for alien fiancee. It got approved in October 2014, but we got married in December 2014 prior to completing the application process.

I called USCIS to inform them and see what I needed to do. I was told that because we got married the I-129F was no longer valid and I need to submit I-130.

We submitted that application and it's now been about 6 months since we filed.

I called earlier to check on it and they brought up the I-129F. They said that since we got approved I should call NVC regarding her visa... I told them about how we were told it was no longer valid because we got married and that we were instructed to file an I-130. The person on the phone said that we should proceed with the I-129F.

They then transferred me to an immigration officer and she basically told me the same thing--that we could follow up with the I-129F in order to bring Rebecca to the United States (she lives in Canada).

I'm honestly so confused by all of this...

I thought that the I-129F was no longer valid because we got married prior to completing the application (although it was accepted by USCIS).

Any ideas?

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I could be wrong, but I really think your original Form 129-F is invalid because neither one of you are free to marry (despite being married to each other). They may be thinking that you can treat this as a K-3? Is that possible? I don't think so....

I am 99.999997% sure the latest information you got is wrong and that your first petition is invalid.


K-1 fiance visa journey ~ Our Beginning ~

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here ** November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox at 12:40 PM CST (Day 1) ** January 2, 2018 - Check cashed (Day 7) ** January 6, 2018 - Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) ** October 22, 2018 - Rec'd corrected extended NOA1 dated October 16, 2018 (Day 299) **

 
 

Citizenship Naturalization journey ~ Our Future and Freedom ~

 

Just staging...

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I think you needed to withdraw your I-129f petition. Did the US consulate ever contact you about your I-129f petition?


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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Yea, they may think you are filing as K-3 but to do that you would've had to submit the I-130 first and then the I-129F. That would allow your spouse to enter the US as a non-immigrant and then wait until the I-130 was approved so they may obtain a GC.

I'm pretty sure your I-129F is invalid as well.

Did you withdraw your I-129F application at USCIS once you got married?

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Wait, please clear this up. Your petition was approved, but she didn't have her interview at the consulate yet, right? If that's the case, you're correct, the petition is invalid. The point of the K-1 is to get married on U.S. soil.


"A million years if I could live,
A thousand lives if I could give,
I would spend it all again with you,
Don't forget where you belong,
Only with me you are strong,
Not even the gods above can break,
Baby what we have"

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As stated, your I-129F was invalidated as soon as you got married. The cleanest method is to formally withdraw it by sending a certified letter to wherever it's living right now, although you can probably just do nothing and let it wither on the vine all by itself.

The I-130 CR-1 visa process is what you need to proceed with now. It will be around a year until the visa is approved.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Even though the first petition is invalid, USCIS cannot simply ignore 129-F and process i130 because USCIS had already submitted all approved 129-F related documents to NVC before it got i130 application. Now you have to follow up with NVC which will definitely not allow your wife to show up for interview and the it will send back documents back to USCIS mentioning that 129-F is no longer valid due to the marriage. Unless USCIS receives back something from NVC regarding 129-F, it cannot process i130.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Wait, please clear this up. Your petition was approved, but she didn't have her interview at the consulate yet, right? If that's the case, you're correct, the petition is invalid. The point of the K-1 is to get married on U.S. soil.

Yes, this is correct. That's what I initially thought, which is why we filed the I-130.

I didn't contact NVC to withdraw the petition because USCIS told me I didn't need to.

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You're actually given 1 year to follow up with and comply with all USCIS/NVC notices so that's probably why the petition is still open. I think it's best to withdraw the I-129F application now so the USCIS can continue with the I-130.

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I just spoke with another immigration officer and she told me she could put an expedite request in on our I-130 based on the previously approved I-129F but that our I-130 should be approved in the next 13 days based on processing times so it would actually take longer to approve the expedite...

Half of the people I speak with at USCIS say that the I-129F won't matter because it is invalidated based on my I-130... The other half say I should follow up with the I-129F. Either way, it's nearly impossible to get NVC on the phone so every time I try to call I just get an answering machine. I didn't want to submit the I-129F case through CEAC and pay the fees if the I-130 is what we have to go with...

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I just spoke with another immigration officer and she told me she could put an expedite request in on our I-130 based on the previously approved I-129F but that our I-130 should be approved in the next 13 days based on processing times so it would actually take longer to approve the expedite...

Half of the people I speak with at USCIS say that the I-129F won't matter because it is invalidated based on my I-130... The other half say I should follow up with the I-129F. Either way, it's nearly impossible to get NVC on the phone so every time I try to call I just get an answering machine. I didn't want to submit the I-129F case through CEAC and pay the fees if the I-130 is what we have to go with...

Yes, half (or more) of the USCIS people don't know what they're talking about.

The only following up I would do with the I-129f is to contact the consulate and tell them you would like to withdraw the petition since they're the ones that should have it now.

Did you ever get a letter from NVC with your case # on it?


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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Yes, half (or more) of the USCIS people don't know what they're talking about.

The only following up I would do with the I-129f is to contact the consulate and tell them you would like to withdraw the petition since they're the ones that should have it now.

Did you ever get a letter from NVC with your case # on it?

Hi,

When you say contact the consulate, do you mean the Canadian consulate that would be conducting the interview?

No--I didn't get a letter from NVC but that's most likely because I changed my address without notifying them. After I was told by USCIS that the I-129F no longer mattered I disregarded that application and proceeded with the I-130.

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I just spoke with another immigration officer and she told me she could put an expedite request in on our I-130 based on the previously approved I-129F

I doubt this expedite request would be approved.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I doubt this expedite request would be approved.

She said that the expedite request inquiry would get a response in 30 days, but that it could lengthen the processing time due to the fact that my case should be processed within the next two weeks. I told her not to file the expedite.

All I'm concerned about is whether or not my previous I-129F is going to cause problems. I contact USCIS about this in the beginning and they are the ones that told me to not worry about it because the I-130 would "cancel out" the I-129F. Now I'm not sure and they seem to be going back and forth depending on who I speak with. I just tried calling the Canadian consulate but they are closed. I will try to call tomorrow.

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