Should I withdraw I-129f or wait?

[Waldi 1]

Hello,

I'm a US citizen and I've filled I-130 and I-129f for my wife. We though filling I-129f for K3 visa would be the quickest way for my spouse to come here to US but we've later read that it rarely gets processed before I-130 and timeline is the same as I-130 (about 5 months).

Now we're just thinking that maybe we should cancel our petition and just wait for I-130 to be processed (we got NOA at the end of June '16 so few months to go) and then go for IR-1 Visa (we've been married less than 2 years).

I'm looking for advice, should we withdraw I-129f or just wait? What if it gets approved before I-130? Does it complicate things if we want to wait for IR-1?

Thanks!

Edited August 12, 2016 by Waldi

[Dashinka 24,593]

I think this will happen automatically when the I130 is processed.

Good Luck!

[JenniferNangel 137]

From what I understood about the k3(was planning on doing it until I found out it takes longer and it's not really used anymore) once you receive the noa2 that's when you send the I-129 along with a copy on the I-130 you do not send them together until you receive the noa2

[JenniferNangel 137]

https://travel.state.gov/content/visas/en/immigrate/family/spouse-citizen.html

That's what I had about the k3

I thinking calling and letting uscis know that you made a mistake with sending the I-129 would be you best option that you were misinformed

[Ebunoluwa 6,136]

Hello,

I'm a US citizen and I've filled I-130 and I-129f for my wife. We though filling I-129f for K3 visa would be the quickest way for my spouse to come here to US but we've later read that it rarely gets processed before I-130 and timeline is the same as I-130 (about 5 months).

Now we're just thinking that maybe we should cancel our petition and just wait for I-130 to be processed (we got NOA at the end of June '16 so few months to go) and then go for IR-1 Visa (we've been married less than 2 years).

I'm looking for advice, should we withdraw I-129f or just wait? What if it gets approved before I-130? Does it complicate things if we want to wait for IR-1?

Thanks!

The I-129 will be administratively closed at the NVC phase where you will follow the CR/IR path.

You don't withdraw it.

[KayDeeCee 4,893]

~ Moved from K-1 Process to IR-1/CR-1 Process - topic is spousal visa process, not K-1 ~

[JFH 12,190]

No need to do anything. The I-129F will automatically expire when your I-130 is approved. No need to call them or anything. Just let it run its course.

Incidentally, it will be CR-1 that you receive if you have still been married less than 2 years when your spouse arrives at the POE. IR-1 for those married 2 years or more.

[Waldi 1]

Thanks all. I think we will just wait for I-130 to run its course. So even if I-129f gets somehow processed before I-130 and K3 becomes available it would still be OK to wait for I-130 to be processed and go for CR1, right? I don't want to mess everything up

[pushbrk 12,975]

From what I understood about the k3(was planning on doing it until I found out it takes longer and it's not really used anymore) once you receive the noa2 that's when you send the I-129 along with a copy on the I-130 you do not send them together until you receive the noa2

This is wrong. Once the NOA2 comes, the I-130 is approved, so it's too late the file the I-129F for spouse.

The OP should do nothing. The I-129F will be administratively closed by NVC when they both get there at the same time. USCIS has been joining the two files and approving them together, since late 2006.

[JenniferNangel 137]

This is wrong. Once the NOA2 comes, the I-130 is approved, so it's too late the file the I-129F for spouse.

The OP should do nothing. The I-129F will be administratively closed by NVC when they both get there at the same time. USCIS has been joining the two files and approving them together, since late 2006.

You are correct about the noa1 I considered doing it a while back but decided to dcf since it was the fast route for us

Thank you for spotting my mix up

[sparclight 9]

^{call them up and talk to an immigration officer}

[Adil & Jeanne 296]

We withdrew our 129 when we married

as you are married filing 129 was in error

in the chance it gets all the way to an interview, and is discovered you are married and followed thru with all the supporting documetns NVC and interview stage, the 129 will be denied

do no assume they will catch the problem before getting to interview stage

with a denial for misreprentation on all this as you are married, a denial will affect the 130

it will look like you did both to accept the one that happens faster

not good

[Meant2B 8]

It will auto cancel out as they're approved at the same time. I actually did both and got both approvals on the same day s they just filed the 129F away and processed the I130. Hope this helps.

[pushbrk 12,975]

We withdrew our 129 when we married

as you are married filing 129 was in error

in the chance it gets all the way to an interview, and is discovered you are married and followed thru with all the supporting documetns NVC and interview stage, the 129 will be denied

do no assume they will catch the problem before getting to interview stage

with a denial for misreprentation on all this as you are married, a denial will affect the 130

it will look like you did both to accept the one that happens faster

not good

This is a spouse case. Filing the I-129F was not an error, just a waste of time. They were trying for the long unavailable K3 spouse visa, which does require filing the I-129F in addition to the I-130.

The I-129F I filed for my wife in 2005, resulted in a K3 visa for her and a K4 visa for her daughter. These visas have been virtually unavailable since 2/1/2010.

[Unlockable 7,315]

***Zombie Thread from (2016) closed and hijack post removed and placed in proper forum.