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Ellxtdan

I-129F Loophole Wrongly Denied

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Filed: IR-1/CR-1 Visa Country: Sweden
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Hi everyone!

 

So I’m currently filing a I130 for my husband, and we’re at Texas Service Center. I decided to try to the I129f loophole most people have been doing at Nebraska to test my luck. Two months after sending the I129f, I got a notice that it was denied. I thought it would mean the 130 approval, but alas, it was not. Today, I got the letter and it says it was denied because I “have not established that I have a pending or an approved Form I130 on which to base the filing of this form I129f”.

 

When filing for the I129f, I included a scan of the I-797 NOA of my I130, so I’m kind of at a loss of what to do since they should’ve already had my case number. I’ve called and asked and they told me to follow instructions. The instructions basically say I can appeal this decision by filling out another form and paying the $675 fee.

 

Is there any other way I can get into contact with them without paying that fee? Should I just file another I129f and include more evidence of the I130? I sent them the NOA1 letter the first time, but didn’t include the second NOA1 letter where they included the online account info. So I can include both scans this time I guess.

 

Thoughts or opinions would be appreciated!

Edited by Ellxtdan
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Filed: AOS (apr) Country: Philippines
Timeline
11 minutes ago, Ellxtdan said:

Hi everyone!

 

So I’m currently filing a I130 for my husband, and we’re at Texas Service Center. I decided to try to the I129f loophole most people have been doing at Nebraska to test my luck. Two months after sending the I129f, I got a notice that it was denied. I thought it would mean the 130 approval, but alas, it was not. Today, I got the letter and it says it was denied because I “have not established that I have a pending or an approved Form I130 on which to base the filing of this form I129f”.

 

When filing for the I129f, I included a scan of the I-797 NOA of my I130, so I’m kind of at a loss of what to do since they should’ve already had my case number. I’ve called and asked and they told me to follow instructions. The instructions basically say I can appeal this decision by filling out another form and paying the $675 fee.

 

Is there any other way I can get into contact with them without paying that fee? Should I just file another I129f and include more evidence of the I130? I sent them the NOA1 letter the first time, but didn’t include the second NOA1 letter where they included the online account info. So I can include both scans this time I guess.

 

Thoughts or opinions would be appreciated!

No reason to pay the fee.   Submit again 

YMMV

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Progress Reports to K3 Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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  • 3 weeks later...

I have no idea why you would bother filing 129f if you're at Texas, would you be happy with the K3 if indeed you got it?  (hypothetically speaking)  The processing times USCIS is listing show the 130s are getting processed faster than the 129f at Texas...

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