Confused about the process

[waiting4ever 0]

I got married in India on January 15, 2007 and had to come back to U.S. on January 24, 2007 because of my work. I hired a lawyer and he told me to file for the K3 visa. I sent in the I-130 in the beginning of February but never received a receipt from USCIS. The check that I sent them was cashed few days after I sent in the I-130. My lawyer told me to look at the back of the cancelled check to get the receipt number. I was able to get the receipt number from the back of the check and I confirmed with USCIS that my I-130 was received by them on February 7, 2007. I asked why I never received the receipt and USCIS told me that I need to check with my mail carrier. I figured that was useless and since I have the receipt number, I don't need the notice itself. Now it has been over a month and I realize from this website that I also need to file the I-129F right after I file I-130. This makes me angry for many reasons. I paid my lawyer over 600 dollars and he haven't even contacted me even one to tell me that I need to file I-129F. I also found out that I need to have the proof that I filed I-130. I have the receipt number but I do not have the notice itself so I don't know what can I do. Can anybody give me any suggestions?

[Mononoke28 134]

You need to call USCIS with your receipt # again and ask them to send you the NOA1, again. It's no use calling the USPS, I've already done that and they told me they don't hold mail for anyone. If the NOA1 was sent, you should've received it, unless they mailed it to the wrong address. Ask USCIS to mail it again and verify with them that they have all the correct information so it doesn't get lost again. Without this piece of paper, you can't file the I-129F for the K-3 visa for your husband. Your lawyer should've told you this from the start.

In my opinion, CSC never mailed the NOA1. I've been waiting for mine since 02/14, the date they said they sent it, and nothing. So I have to call again on Fri (30 days after they said they sent it) to find out what happened. They better not tell me to check with USPS because I'll go crazy on them. Hopefully they'll send out the NOA1 after that call.

[waiting4ever 0]

I also believe that USCIS never sent me the NOA1. I always recieve my mail so it is impossible that it was lost in the mailing process. I was able to get the case status search from the USCIS website by my receipt number and it shows that my application was received on Feb 7. I wond if I can print this case status and send this in with my I-129. Also i send in my I-130 to Nebraska Service Center since that is the one I was suppose to send it to. But my case status shows that it is at California Service Center. Anyway, this is a very complicated and stressful process. Thanks for the help.

Edited March 11, 2007 by singh77

[Mononoke28 134]

No, you need a copy of the actual NOA1 that was mailed out to you so you can file the I-129F. The cases that are online don't have your personal information so you need a hard copy of the NOA1.

I'm also going through Nebraska but all I-130 petitions are sent out to CSC automatically.

Keep me posted on what they say to you when you call them again, or if you receive your NOA1 after that. I'll let you know what they tell me.

[tiberonsuave 0]

I have a few suggestions:

First of all, you do need to be sure you are getting your mail from USCIS. Have a chat with your mail delivery person and follow up with your local post master. Information is not always posted in a timely fashion on the USCIS website and you don't want to have your mail returned as undeliverable! You might miss an interview and have your case denied without your knowledge.

Secondly, I am not familar with filing through India but in Colombia I would only file the I-130. What is it that you hope to accomplish by filing and PAYING for the K-3? The current trend is for USCIS to approve both applications on the same day. They then ASSUME for you (thanks a lot!) that you wish to abandon the I-130.

Why do they assume that? Well then they can charge you $200.00 to reinstate the I-130! Or you can elect to use the K-3 and have to pay $385.00 to AOS and also pay for EAD and biometrics if you wish for your spouse to work.

Unless the I-130's for India are taking much longer to process than the K-3's I would not file one. You need to do the research and find out.

t

I got married in India on January 15, 2007 and had to come back to U.S. on January 24, 2007 because of my work. I hired a lawyer and he told me to file for the K3 visa. I sent in the I-130 in the beginning of February but never received a receipt from USCIS. The check that I sent them was cashed few days after I sent in the I-130. My lawyer told me to look at the back of the cancelled check to get the receipt number. I was able to get the receipt number from the back of the check and I confirmed with USCIS that my I-130 was received by them on February 7, 2007. I asked why I never received the receipt and USCIS told me that I need to check with my mail carrier. I figured that was useless and since I have the receipt number, I don't need the notice itself. Now it has been over a month and I realize from this website that I also need to file the I-129F right after I file I-130. This makes me angry for many reasons. I paid my lawyer over 600 dollars and he haven't even contacted me even one to tell me that I need to file I-129F. I also found out that I need to have the proof that I filed I-130. I have the receipt number but I do not have the notice itself so I don't know what can I do. Can anybody give me any suggestions?

[waiting4ever 0]

I contacted USCIS today and told them that I haven't received the notice. First they told me that I don't need one since I have the receipt number. Then I told them that I need the copy of the receipt in order to file I-129 F. Then they told me that they would "try to send me another one" and even if did come, it would take more than a month. It has been over a month since I filed I-130 and it more than a month to get the receipt, I think that I am going to just forget about K3 and go with I-130 visa. Has anyone filed I-130 for India recently and could tell me how long it took them to finish the process? Thanks in advance

[TimsDaisy 0]

You need to tell your lawyer you think he/she messed up and find out whether or not you need to file the I-129F. Then, if you don't feel you get resolution and help from that attorney, report him/her to the state bar in your state. No lawyer should take a case he/she can't competently handle. Perhaps the lawyer had experience with work based visas - but this is a different ballgame completely.

Keep a record of all your communication with your lawyer. If things really did get screwed up, you should present him with this record and demand your money back - if you were never given the services you contracted for.

As for the mailing - you will continue to address things to Nebraska Service Center, per the form instructions, but Nebraska forwards things on to California. That happens automatically.

[Mononoke28 134]

I contacted USCIS today and told them that I haven't received the notice. First they told me that I don't need one since I have the receipt number. Then I told them that I need the copy of the receipt in order to file I-129 F. Then they told me that they would "try to send me another one" and even if did come, it would take more than a month. It has been over a month since I filed I-130 and it more than a month to get the receipt, I think that I am going to just forget about K3 and go with I-130 visa. Has anyone filed I-130 for India recently and could tell me how long it took them to finish the process? Thanks in advance

I've been thinking the same thing. If the NOA1 for the I-130 is going to take another month before I can file the I-129F, I might as well wait for the I-130 to get approved and have my husband come in with the CR-1 visa instead of the K-3. Maybe it's a sign that we need to go that route.