Kourtne

Hello,

I sent off my i-130 back in 2010 and haven't heard anything from them regarding my progress since 2011. I then, sent off my I129f in 2012 hoping that something will happened even though many told me it was pointless and pretty much obsolete. Well my husband got it approved and we are now living in the US(since may 2013). We are beyond excited to be back in america ,considering we have been living in his london studio flat with 2 kids for the past 3 years, but what now? Still no contact about the i-130. I called and again they are just giving me a service request. I have no idea what to do next other than letting my husband get an authorization for employment but was told that I can adjust his status??? So what do we do now??? My mind is kind of scattered so I'm sure I left a lot of things out just let me know if you need anything else! Thanks!

She did the process for a K3 spouse visa. It uses the I-129F form after filing the I-130. Her husband is eligible for a K3.

But her I-130 wasn't approved and the I-129F was. Thus the K3 visa will process and not the CR1/IR1.

Not this time. That's why the K3 is actually going through. It is still a valid visa.

To Kourtne--Because a K3 process is very much the same as a K1 process in London, this thread will give you a lot of information about the process, forms, medical exam, interview etc http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/

I still dont understand the part about an interview in Dallas, which is not routinely part of the process. Maybe they seriously questioned your petition applications and wanted to meet with you in person for some reason. Anyway, it sounds like you will hear from London in a few weeks. Keep on top of it this time.

Thank you=] Yea I'm assuming that the interview was b/c they had serious doubts bc when I tell people it seems like its not normal procedure. I've been with him for 4 years married for 3. We have 2 kiddos- its legit=] Thanks again!

You can file them both at the same time, but when your I-130 is approved it closes your I-129F application I believe.

They take about the same time to approve. Are you talking about your IR-1 visa taking too long to approve?

Perhaps it would help if you could write exactly what you applied for and when. Then write what steps you have already done.

I think you might have made a big mistake somewhere in this process.

I filed for the i130 which I think its the petition for the IR-1 or CR-1 first and then a couple of months later I filed the i129f. With the i130 I got the first NOA and with the i-129 I got nothing. When I asked customer service why I didnt get a first NOA for the i129f they said it was b/c the i130 was already being processed, fair enough. But then I get a 2nd NOA 2 years later???

March 2010- i130 petition for IR-1 CR-1

Sept 2010- scheduled for an interview for the i-130 at the Dallas Office(didn't go for reasons in first post so reschedule)

Sept 2012- scheduled fot another interview for the i-130 at the Dallas Office( too risky and was not able to leave my son so I didn't go and assumed it would be denied)

Oct. 24th- 2nd NOA for the i-129f and sent to NVC

Nov 1- NVC send package to US embassy in London

Waiting for contact...

let me know if you need anything else.

If the I-129f was approved it's invalid anyway. You are not eligible for this visa now.

But how do you know? I have called and no one is saying that I am denied from the i-130. Don't you get a letter? Or are we just suppose to assume? And why are they continuing with the i129f when its not valid? Would they know that? Or do I tell them? Confused=] Thanks everyone for the comments!

I'm a little confused as to why you are filing an I-129F when you are already married. The K3 is outdated and gets processed in about the same time as an I-130/ IR-1 application.

Did you file another I-130?

I'll let someone else answer, but I'm pretty sure they expire if they are are not completed within a certain time frame.

I filed b/c the i-130 was taking so long and at the time it was said you could file an i-129f if you filed an i-130. My k3 was just approved in late sept of this year so I doubt its expired. If it expired wouldn't they let you know instead of continuing on with the application? I haven't gotten anything that says that my application has expired or was denied.

Ok I will try to make this story as short as possible. I filed for an i130 back in march 2010 in sept 2010 we recieved an appointment for an interview at the dallas office. I did not understand why they wanted me and my husband for the interview when he was not in the country- we ask around and was misinformed and told that since my husband can not go then we should rescheldule(thats customer services for ya). forward about 2 years and a filed i-129f(by then we thought this was tossed out since the i-130 was processing) later my mom gets a call from this guy wanting to scheldule another appointment(back story I have been living in the UK since 2009 and by then I had 2 kids and was pretty much settled in the UK so my mom was pretty much the mediator, so to speak). He scheduled my appointment for sept of 2012 but b.c my youngest son was unable to get his US passport in time I did not want to risk it so I didnt go. Well we pretty much thought the whole thing was cancelled and we were preparing to get me settled here in the UK, and then, re-apply at the US embassy in london. 2 months later my mom calls me and says a letter came in saying that the i-129f was approved and is being sent to NVC a week later another letter came saying it was sent to the US embassy in london. I'm so confused! I never got a letter saying that the i-130 was denied b/c I didnt make the appointment. I really dont want to get my hopes up! Has anyone been through this!?!?!

Really, you got a K3 and not a CR-1? This is the first in many months that I have seen go through...

Anyways- hoe long exactly did your husband overstay? If it was more than 180 but less than a year, his ban is expired (it lasted 3 years), and no waiver will be needed. He'll likely get asked about it at interview, but shoiuld not be a major issue. If he overstayed more than a year, it's a ten year ban and a waiver will be needed.

Ok thank you so much!

Just to add he left the US voluntarily and was on a student visa. He tried to come back(to help me pack for we were moving back to the UK) but was understandably denied b/c of his previous over stay. They didnt give him a packet or anything. They just stamped his student visa as denied and sent him back. This was 3 years ago.

Hello, We(Im american he is british) have our K-3 petition approved and it has been sent to the US embassy in London. My husband without a doubt over stayed(over 180 days) but he has not be in the US for 3 years so is the ban taken off or does the ban start when they deny him? Will he most likely have to file the 601 waiver? We have no idea what is going to happen b/c we did the i-130 2-3 years ago and it still havent been approved and the k-3 has taken over a year to get approved. Thanks for your help!