Wife Had K-3 Visa, Came to US, Never Obtained Green Card

[pushbrk 13,979]

6 hours ago, Datpino said:

I already purchased a service through RapidVisa.com today to assist us in the process.  It looks like they are going to request a CR1 visa for us.  Not sure if this is the right approach.  The right approach for us is being together the soonest.  Our two boys just became school aged this past year and they need to attend school in the USA and not the Philippines where they are now with my wife.

Do your children have US passports yet?  Are they entitled to them?  Did you do Consular Report of Birth Abroad for both?  Once they have US passports, they can come go to school in the USA, but you wife will wait for her immigrant visa.  You may not want to separate them.

[Scandi 4,346]

3 hours ago, pushbrk said:

RapidVisa might assist you in some ways with the process of obtaining an IR1 visa for your wife (CR1 is for a foreign spouse married less than two years.) Services do not request visas.  You already have an approved I-130 petition for your wife.  Filing a new one is not necessary.  Did you have any discussion of your circumstances before this service proposed filing a new petition (if that's what they did) and suggested a CR1 instead of IR1 is the visa your wife would eventually have?

From my understanding they never filed an i-130. They filed the i-129f for a K-visa, no?

[geowrian 22,344]

3 hours ago, pushbrk said:

You already have an approved I-130 petition for your wife.  Filing a new one is not necessary.

True...it doesn't expire. But you would need an I-824 to retrieve it / take action on it, right? And that may take just as long as getting a new I-130 processed.

1 minute ago, Scandi said:

From my understanding they never filed an i-130. They filed the i-129f for a K-visa, no?

K-3 uses an I-130 and then an I-129F (with a copy of the I-130's NOA1 being sent in the I-129F package).

Edited December 1, 2017 by geowrian

[pushbrk 13,979]

6 minutes ago, Scandi said:

From my understanding they never filed an i-130. They filed the i-129f for a K-visa, no?

NO.  To file an I-129F for a spouse, you must file an I-130 first or at the same time.

[pushbrk 13,979]

6 minutes ago, geowrian said:

True...it doesn't expire. But you would need an I-824 to retrieve it / take action on it, right? And that may take just as long as getting a new I-130 processed.

Could be true.  It's worth checking on comparative processing times for I-824 and I-130.

[geowrian 22,344]

Just now, pushbrk said:

Could be true.  It's worth checking on comparative processing times for I-824 and I-130.

Okay, gotcha...just wanted to make sure I wasn't missing something.

 

A quick check on the USCIS processing times (eww...but it's all we have) shows that an I-824 is taking about 8+ months right now. So it's roughly the same from what I can tell. Then again, I've seen reports of it taking a couple months sometimes as well. Tough call.

[pushbrk 13,979]

Right, since you pay a fee either way.  

[Boiler 48,107]

RapidVisa screwed a VJ member in similar circumstances.

 

Totally incompetent.

 

RUN.

[Datpino 0]

12 hours ago, pushbrk said:

RapidVisa might assist you in some ways with the process of obtaining an IR1 visa for your wife (CR1 is for a foreign spouse married less than two years.) Services do not request visas.  You already have an approved I-130 petition for your wife.  Filing a new one is not necessary.  Did you have any discussion of your circumstances before this service proposed filing a new petition (if that's what they did) and suggested a CR1 instead of IR1 is the visa your wife would eventually have?

Just checking it to be clear.  I signed the I-130 for my wife's original K-3 visa back on 03/24/2008.  Is this I-130 still approved and available for us to utilize for a new visa?  Just checking because this sounds like it would save us a lot of time.  Thanks

[Datpino 0]

Alright, so I got an email from the NVC stating "The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: MNLXXXXXXXXXX filed by JOSEPH on behalf of KATHERINE.

 

The referenced application for an immigrant visa went through the termination process and was destroyed in accordance with INA 203(g). An alien's registration for an immigrant visa shall be terminated if, within one year after notification of the availability of an immigrant visa, the applicant fails to apply for an immigrant visa.

 

If the beneficiary wishes to immigrate, the petitioner must file a new petition with U.S. Citizenship and Immigration Services (USCIS)."

 

I believe this clearly means I need to start a new petition and my I-130 is not active still

[Nitas_man 3,100]

2 hours ago, Datpino said:

Just checking it to be clear.  I signed the I-130 for my wife's original K-3 visa back on 03/24/2008.  Is this I-130 still approved and available for us to utilize for a new visa?  Just checking because this sounds like it would save us a lot of time.  Thanks

I believe you need to file a new petition.

 

Even a green card would be terminated after this much time. 

[pushbrk 13,979]

9 hours ago, Datpino said:

Alright, so I got an email from the NVC stating "The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: MNLXXXXXXXXXX filed by JOSEPH on behalf of KATHERINE.

 

The referenced application for an immigrant visa went through the termination process and was destroyed in accordance with INA 203(g). An alien's registration for an immigrant visa shall be terminated if, within one year after notification of the availability of an immigrant visa, the applicant fails to apply for an immigrant visa.

 

If the beneficiary wishes to immigrate, the petitioner must file a new petition with U.S. Citizenship and Immigration Services (USCIS)."

 

I believe this clearly means I need to start a new petition and my I-130 is not active still

That is what a literal interpretation of that message means, yes.