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Ellxtdan

I-129F Loophole Wrongly Denied

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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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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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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*

 

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