I-130 at NVC, I-120F still at USCIS

[beameup 0]

I submitted the I-130 last year and it was forwarded to NVC on Dec. 29th.

I then submitted the I-129F to USCIS on Jan. 29th and it is still sitting there (it was moved around a bit) and is now at the CSC Laguna Niguel.

Since then I have determined that I really do not want the K-3 visa for my spouse because she has a job waiting.

I am assuming that the CR-1 (I-130) will be approved and forwarded to the embassy and that the I-129F will just sit there at USCIS. Is this a correct assumption?

[Robor007 0]

Are you sure your I-130 was forwarded to the NVC? I don't know about your case but because I had an I-129F in process my I-130 was approved and held at the CSC. I could have submitted a form and paid a fee to have it forwarded but since we're going the K-3 route I didn't. If your I-130 is at the NVC I'm pretty sure you can call them to verify and get a case number.

Edited April 12, 2007 by Robor007

[pushbrk 12,191]

I submitted the I-130 last year and it was forwarded to NVC on Dec. 29th.

I then submitted the I-129F to USCIS on Jan. 29th and it is still sitting there (it was moved around a bit) and is now at the CSC Laguna Niguel.

Since then I have determined that I really do not want the K-3 visa for my spouse because she has a job waiting.

I am assuming that the CR-1 (I-130) will be approved and forwarded to the embassy and that the I-129F will just sit there at USCIS. Is this a correct assumption?

Basically, you have it backwards. The K3 proceeds under its own power. The CR1 requires your participation. I would call NVC with your case number to verify they have it. In all likelyhood they don't. You probably need to file an I-824 telling them you intend to see the CR1 through to completion instead of pursuing the K3/AOS process. The I-824 fee is $200. This procedure changed last fall. Call NVC at 603.334.0700-1-5. You need to talk to a person. Forget the automated system.

[beameup 0]

They not only have it (I-130) but I have already completed the process with NVC by sending both the completed I-864 and the completed DS-230 and both have been received by NVC but not processed as of yet. I used James' shortcuts. The NVC case number was assigned on Dec. 29, 2006.

Meanwhile, the I-129F just sits there at USCIS.

Edited April 12, 2007 by beameup

[pushbrk 12,191]

They not only have it (I-130) but I have already completed the process with NVC by sending both the completed I-864 and the completed DS-230 and both have been received by NVC but not processed as of yet. I used James' shortcuts. The NVC case number was assigned on Dec. 29, 2006.

Meanwhile, the I-129F just sits there at USCIS.

Good. The I-129 just isn't approved yet. In your case, it will probably become a moot point but I would continue to let it run in the race because it actually may catch and pass the CR1. If the P3 for the K3 gets to your wife before her CR1 interview is scheduled, she should return it and let the interview be scheduled for K3. Then when the CR1 catches up, the interview will actually be for a CR1 visa but at the earlier date. The lead can change hands a couple times but in the end the CR1 is the winner as long as it arrives on station before the interview.

Its a race. Go with the horse that gets you the earlier interview date.

[Yodrak 7]

beameup,

The NVC doesn't "process" the DS-230 and I-864. The NVC reviews the submissions for completeness and then forwards them along with the USCIS-approved I-130 to the consulate. It's the consulate that processes the visa application.

Yodrak

They not only have it (I-130) but I have already completed the process with NVC by sending both the completed I-864 and the completed DS-230 and both have been received by NVC but not processed as of yet. I used James' shortcuts. The NVC case number was assigned on Dec. 29, 2006.

Meanwhile, the I-129F just sits there at USCIS.

[beameup 0]

OK, then I am assuming that since the NVC "sets up" the interview date that they take into consideration the amount of time needed for the U.S. Embassy in Manila to actually "process" the Visa?

beameup,

The NVC doesn't "process" the DS-230 and I-864. The NVC reviews the submissions for completeness and then forwards them along with the USCIS-approved I-130 to the consulate. It's the consulate that processes the visa application.

Yodrak

They not only have it (I-130) but I have already completed the process with NVC by sending both the completed I-864 and the completed DS-230 and both have been received by NVC but not processed as of yet. I used James' shortcuts. The NVC case number was assigned on Dec. 29, 2006.

Meanwhile, the I-129F just sits there at USCIS.

Edited April 13, 2007 by beameup

[Mononoke28 134]

I'm confused, why did you send the I-129F after your I-130 was approved and sent to the NVC?

[beameup 0]

I'm confused, why did you send the I-129F after your I-130 was approved and sent to the NVC?

"Back-up"