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To those who have submitted an I-130, did any of you include the I-864 (Affidavit of Support, with supporting documents) with it? If you did, did USCIS/NVC forward the I-864 as well to the embassy? I'm wondering if it would serve the same purpose as you sending the I-864 to your beneficiary and then taking it with them to the interview.

Update:

I have just received a notice from the NVC saying that they have received an approved I-129F petition filed on behalf of my spouse and within a week they will forward the petition to the US embassy in the Philippines. It seems that the processing of my I-129F is going along. Shouldn't they process the I-130 instead since that got approved as well? It's really hard to determine given that both my I-129F and I-130 were approved on the same day. This is really leading me to believe that the I-130 is considered "approved" since the I-129F was approved, hence the message on the I-130 approval notice stating that my wife is in the United States and will apply for AOS. I would really want to have the I-130 take precedence in this case.

I have just received an approval notice for both my I-130 and I-129F applications. One thing I noticed is that on the I-130 approval notice, it said that my beneficiary (my wife) is in the states and will need to apply for an adjustment of status. My wife is still in the Philippines. I looked back at my I-130 documents and I have my wife's address as her address in the Philippines. She hasn't even entered the states yet.

One theory I have is that since the I-129F has been approved as well, the I-130 assumed that my wife will be applying for the AOS when she comes in. I'm planning on calling the USCIS service center tomorrow. I need to confirm a lot of things regarding my I-130. I'll list them here in case some of you can answer them:

- Since the I-130 is approved, is the I-129F automatically disregarded/discontinued? I would rather have my wife come in via the I-130 (I will save at least $1,000).

- We had a baby daughter after I filed for the I-130 (filed July 2006). When I became a citizen (November 2006), I was preparing the I-129F documents and called the USCIS service center to ask if I need to file for a separate I-130 for my daughter so she can come in with a K4 visa. The representative said she could just send an amendment to add my daughter's information to my wife's I-130 so there's no need to file a separate I-130. I should receive a notice of this amendment within 30 days. I still haven't received this notice and it's been over a month already. The rep did not give me a reference number either, unlike when I upgraded my petition when I became a citizen. The rep said I can put my daughter's info on the I-129F and suggested that I send a birth certificate along with it. I want to make sure that this amendment has taken effect when the I-130 got approved. On the I-130 approval notice, under the beneficiary, if the beneficiary had children listed on the I-130 form/G-325A, would their names be there too? My I-130 approval notice only had my wife's name on it. I want to make sure my daughter won't be left behind.

Update:

I have just talked to two people from USCIS and I guess I got a bit of good news.

The first guy i talked to said that it can be on the consulate's (in this case, the consulate at the US embassy in the Philippines) discretion on whether they're gonna tack the baby on with my wife's LPR status when the I-130 gets approved. This is looking at the scenario that the I-130 gets approved first. Since there's the risk that they won't, might as well file for an I-130 for the baby to be sure. With that, I asked if I have to wait for my baby's I-130 receipt notice before I can send the I-129F. He wasn't able to answer that so he transferred me to someone who would know.

After 30 minutes of listening to some flute music, the lady said she could just send an ammendment to my wife's I-130 to add my baby's name on it, and I can send the I-129F now. I should hear from USCIS within 30 days about it. This really gave me piece of mind that I don't have to pay for another I-130 and know that the baby doesn't have to stay there or be sent back when the I-130 is done. The lady did not give me a referral number though, unlike when I called to upgrade my I-130 when I got naturalized.

Good thing I posted here, or I wouldn't be able to bring up this issue with them. Thanks guys.

Thanks for the replies.

I guess I can drop the concern about my baby's citizenship and worry about her status once she's here on a K-4 and my wife's I-130 gets approved. You have brought up a good point there lucyrich. A possible scenario will be, the I-129F gets approved before the I-130 does, and my wife and baby come in the US on a K-3 and K-4 visa. Now, when the I-130 gets approved, the question is if my baby becomes an LPR along with my wife. I just REALLY hope that with the baby being born after I have filed my wife's I-130 that I don't have to file one for the baby.

I will try to call USCIS and ask about this, but I want to see if someone here had the same issue and has gone through it with positive results. There's still the risk of the I-130 getting approved before the I-129F. I don't want the idea that my baby has to stay there.

Thanks.

I forgot to mention that the baby was born before I got naturalized. Does the Child Citizenship Act still apply here? I might be contradicting myself here about this issue. I went back and read about the Child Citizenship Act (http://travel.state.gov/family/adoption/info/info_457.html) and I don't think my baby would be eligible, considering that she will be coming in the US on a non-immigrant visa. Maybe after the I-130 passes, it could be applied.

This brings back the question about the G-325A for the baby, on whether we need to fill one up for the baby or not.

I have just been naturalized and is in the process of setting up a K-3 application. I have filed for my wife's I-130 when I was still an immigrant (I have called USCIS and upgraded my I-130 right after being naturalized). I'm currently filling up the I-129F and trying complete the requirements like both our G-325A forms. My wife gave birth to our baby daughter recently so the baby's information wasn't on the I-130 I have filed. Do we have to fill up a G-325A for the baby so she can get a K-4? Or should a copy of the birth certificate (along with a copy of our marriage certificate) be enough for her to be issued a K-4? I believe I don't have to file a separate I-130 for the baby, unless I'm wrong.

Also, I believe that a US citizen's foreign born child will automatically become a citizen once they arrive in the US on legal status. Does this apply as well when my baby arrives with my wife on a K-4 visa? Or does the I-130 be approved first (while here in the US on a K-4) before this can be applied?

Me and my sister e-filed our I-90's at the same time since our GC's are expiring in October this year. Our receipt date was mid June this year. It's already September and we only have the receipt notice and nothing else since then. As of this posting, Vermont's I-190 status is March 8, 2006. I'm getting worried that my GC will expire even before they even get to me. Would there be a problem anywhere that I need to be worried about when this happens (I have a pending N-400 though, if that matters in this case)?. Plus I have a planned trip outside the country in December and I'm worrying if I can still be able to travel.

My sister's employer had already mentioned this to her since she will be terminated when her GC expires. I told her just to show the I-797 as proof that she has her replacement card application pending since she's getting worried as well.

Another thing that's worrying me is that my sister's friends who lives in DC and VA (we live in MD), e-filed later than we did and they already received their biometrics appointments. As far as I know, applicants from DC and VA both send their applications to the Vermont Service Center. What gives?

I have talked to one of the USCIS reps and said that not seeing your status online is more on a problem with their system. If you tried registering for an online case status account, it will give you your status from there. Or at least that's how mine went. When entering my number, it will say it's not found or not in the system. But in my online account, it was able to tell when it was last updated/processed. Calling USCIS would be able to give you a status though.

Hello. I'm currently planning on submitting an I-130 for my wife while I wait for my N-400 to get approved. This way, it's already in process and would just get upgraded once the N-400 goes through. Anyway, the main plan was once the N-400 goes through, I'll be sending in the I-129F along with my I-130 NOA and one proof of citizenship to pursue the K3 visa for my wife. She is pregnant right now and were expecting the baby around October of 2006. Knowing the Baltimore Office, I'm pretty sure the baby would come before I get naturalized. So when I get naturalized and apply for the K3, I would assume the baby would get the K4? If that was the case, when they both come in the US via K3 and K4, once the I-130 gets approved, my wife becomes an immigrant (after applying for an AOS of course). Now would the baby become an immigrant as well, considering I didn't have an I-130 for the baby? If the baby comes in via a K4, what would the baby be waiting for since I didn't have an I-130 for the baby? Do I have to file for an I-130 for the baby once the baby gets born? Would it be better off if I wait until the baby gets born before I file for my wife's I-130, which in that case would mean I would have to file 2 I-130's, one for my wife and one for my child?

I'm pretty stumped as the I-130 form's documentation mentions that you need one for each relative to be petitioned. and the K3/K4 documentation mentions the petitonee's (is that the right term?) children, but doesn't mention an I-130 for the K4.