NEED HELP FROM SEASONED VJers

[YOUTOO 2]

I have originally filed for a K-3 but switched now to CR-1. After a long and protracted struggle I finally

was able to obtain paperwork from my attorney. I am worried about the wording on the approved

I-130 petition, I think, it already told me in Sept 6,2007 that the K-3 would go nowhere, meaning I

wasted nearly 7 months. But my legal English knowledge is not so good, therefor I hope some of you

"oldtimers" can shed light on this and tell me if I am right or wrong. I especially worry about the ineligibility

to adjust status, what does that mean? And the person we are petitioning for was/is not in the US, don't

understand that.

Here is what the approved I-130 said :

"The above petition has been approved. The petition indicates that the person for whom you are petitioning

is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not

eligible to file an adjustment of status application. This determination is based on the information submitted

with the petitions and any relating files. If the person for whom you are petitioning believes that he or she

is eligible for adjustment of status, then he or she should contact the local INS office for more information.

Because the person for whom you are petitioning is not eligible to adjust, we have send the approved

petition to the Department of State, NVC, NVC processes all approved immigrant visa which consular post

is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that

consulate.

This completes all INS action on this petition. If you have any questions about visa issuance please contact the

NVC directly."

[Sylvia_n_Joseph 3]

For whatever reason they thought he was here and on a visa you can't adjust from here. What they are saying is that they approved it and it will go to the embassy in his home country ( I am assuming that he is the benificary )

[YOUTOO 2]

For whatever reason they thought he was here and on a visa you can't adjust from here. What they are saying is that they approved it and it will go to the embassy in his home country ( I am assuming that he is the benificary )

That's how I read it as well. However, my attorney filed for the I-129F after this approved I-130 was received. I

wonder now, if the reason nothing ever happened is because the form states "this completes INS action".

[Sylvia_n_Joseph 3]

It is being passed off to the consulate which isn't the INS.

[Catt 6]

Here is what the approved I-130 said :

"The above petition has been approved. The petition indicates that the person for whom you are petitioning

is in the United States and will apply for adjustment of status. This completes all INS action on this petition. If you have any questions about visa issuance please contact the

NVC directly."

The letter clearly says: "the petition indicates". So check out what you wrote precisely on this form, and i'd specially look at question 22. I think this refers to that.

This letter also sounds familiar, I am positive this has already come up in another thread but I cannot find it.

I do indeed think that one the I-130 is approved, there is no point in still filing the I-129F for K-3 (since that form was particularly intended to shorten time at USCIS).

Good luck.

[Catt 6]

Also, have you contacted NVC already and are you in the process of submitting your paperwork? The letter states it was sent to NVC.

[pushbrk 12,569]

I have originally filed for a K-3 but switched now to CR-1. After a long and protracted struggle I finally

was able to obtain paperwork from my attorney. I am worried about the wording on the approved

I-130 petition, I think, it already told me in Sept 6,2007 that the K-3 would go nowhere, meaning I

wasted nearly 7 months. But my legal English knowledge is not so good, therefor I hope some of you

"oldtimers" can shed light on this and tell me if I am right or wrong. I especially worry about the ineligibility

to adjust status, what does that mean? And the person we are petitioning for was/is not in the US, don't

understand that.

Here is what the approved I-130 said :

"The above petition has been approved. The petition indicates that the person for whom you are petitioning

is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not

eligible to file an adjustment of status application. This determination is based on the information submitted

with the petitions and any relating files. If the person for whom you are petitioning believes that he or she

is eligible for adjustment of status, then he or she should contact the local INS office for more information.

Because the person for whom you are petitioning is not eligible to adjust, we have send the approved

petition to the Department of State, NVC, NVC processes all approved immigrant visa which consular post

is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that

consulate.

This completes all INS action on this petition. If you have any questions about visa issuance please contact the

NVC directly."

I'm sorry if this sounds harsh but it is very important. You must disregard every previous reply in this thread. They are all dead wrong.

The notification is indeed confusing but we've seen it many times since November, 2006. It's the wording they use when they are holding your I-130 in the expectation your spouse will enter on a K3 visa and then adjust status. What indicated this to them is the filing of the I-129F for spouse.

If you compare this notice to the one for your I-129F, you should see that the other one says the petition will be sent on to the Consulate abroad. Actually it will be or has gone through NVC on the way.

Please read the Nov. 14, 2006 press release at this link.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

I'm sure this has been posted more than a hundred times, as has the following sentence.

If you want an immigrant visa, don't file an I-129F for spouse.

Edited May 9, 2008 by pushbrk

[Enlighten one :) 5]

YouToo,

I am so dissapointed to hear this. This notice of action usually signifies that your I129f petition was approved either prior or along with your I130. This means your documentation for you I130/CR1 was never forward to the NVC. Have you checked the status of you I129f?

You need to get right on this by first seing if your I129f had been approved and forwarded. If this was the case your embassy would have this petition by now, plus you should have been notified. I know you said in the past that time was more important then money. The CR1 is much better then the K3 as I explained to you in the past. But if your I129f had been approved that would have happend when or prior to your I130.

You need to contact the USCIS to have your I130 pettion removed from storage and forwarded to the NVC if your I129f has not been approved.

Good luck

I have originally filed for a K-3 but switched now to CR-1. After a long and protracted struggle I finally

was able to obtain paperwork from my attorney. I am worried about the wording on the approved

I-130 petition, I think, it already told me in Sept 6,2007 that the K-3 would go nowhere, meaning I

wasted nearly 7 months. But my legal English knowledge is not so good, therefor I hope some of you

"oldtimers" can shed light on this and tell me if I am right or wrong. I especially worry about the ineligibility

to adjust status, what does that mean? And the person we are petitioning for was/is not in the US, don't

understand that.

Here is what the approved I-130 said :

"The above petition has been approved. The petition indicates that the person for whom you are petitioning

is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not

eligible to file an adjustment of status application. This determination is based on the information submitted

with the petitions and any relating files. If the person for whom you are petitioning believes that he or she

is eligible for adjustment of status, then he or she should contact the local INS office for more information.

Because the person for whom you are petitioning is not eligible to adjust, we have send the approved

petition to the Department of State, NVC, NVC processes all approved immigrant visa which consular post

is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that

consulate.

This completes all INS action on this petition. If you have any questions about visa issuance please contact the

NVC directly."

[YOUTOO 2]

The I-129F was filed after receipt of this notice. The attorney says he never received a receipt number

from USCIS. Nothing has happened to that I-129F since it was filed in Sept of last year and I now have started the

CR-1 process. I guess, though, that the K-3 process is still underway and pending somehow. I just think this is very, very strange and am not sure, what the notice really means and how to interpret it.

[Catt 6]

I am obviously not a seasoned VJer, so I shouldn't have responded to this thread in the first place. Sorry about that, Youtoo.

But Pushbrk, about your previous post:

[The notification is indeed confusing but we've seen it many times since November, 2006. It's the wording they use when they are holding your I-130 in the expectation your spouse will enter on a K3 visa and then adjust status. What indicated this to them is the filing of the I-129F for spouse.

How can this be the case, when his attorney only submitted the I-129F petition for K-3 AFTER this approval for I-130 was received?

If the I-129F wasn't even filed when USCIS made this decision, how can the I-129F have already (preemptively?) affected it?

As I said, I have not followed this in past years, as some of you have. But it seems logical that the answer can only lie in what was written on the I-130 petition, no? How do you explain this?

[pushbrk 12,569]

I am obviously not a seasoned VJer, so I shouldn't have responded to this thread in the first place. Sorry about that, Youtoo.

But Pushbrk, about your previous post:

[The notification is indeed confusing but we've seen it many times since November, 2006. It's the wording they use when they are holding your I-130 in the expectation your spouse will enter on a K3 visa and then adjust status. What indicated this to them is the filing of the I-129F for spouse.

How can this be the case, when his attorney only submitted the I-129F petition for K-3 AFTER this approval for I-130 was received?

If the I-129F wasn't even filed when USCIS made this decision, how can the I-129F have already (preemptively?) affected it?

As I said, I have not followed this in past years, as some of you have. But it seems logical that the answer can only lie in what was written on the I-130 petition, no? How do you explain this?

It's a good question. I expect the answer lies in some error by his attorney or in some errant information posted here. The wording on the NOA2 definitely indicates there is no I-130 CR1 process alive and moving at the moment the notice was printed.

We have a language barrier here, so no doubt there is some confusion.

[Catt 6]

I am obviously not a seasoned VJer, so I shouldn't have responded to this thread in the first place. Sorry about that, Youtoo.

But Pushbrk, about your previous post:

[The notification is indeed confusing but we've seen it many times since November, 2006. It's the wording they use when they are holding your I-130 in the expectation your spouse will enter on a K3 visa and then adjust status. What indicated this to them is the filing of the I-129F for spouse.

How can this be the case, when his attorney only submitted the I-129F petition for K-3 AFTER this approval for I-130 was received?

If the I-129F wasn't even filed when USCIS made this decision, how can the I-129F have already (preemptively?) affected it?

As I said, I have not followed this in past years, as some of you have. But it seems logical that the answer can only lie in what was written on the I-130 petition, no? How do you explain this?

It's a good question. I expect the answer lies in some error by his attorney or in some errant information posted here. The wording on the NOA2 definitely indicates there is no I-130 CR1 process alive and moving at the moment the notice was printed.

We have a language barrier here, so no doubt there is some confusion.

There is definitely confusion about the exact facts.... what I gather from the previous posts is:

- The I-129F was only sent in after I-130 approval so he didnt apply for K-3 but for IR-1/CR-1

- After USCIS had approved the I-130, his attorney sent in the I-129F petition (I really wonder why)

Pushbrk, the I-130, when I read the quote of the first post again, states that it was sent to NVC. What do you mean the wording of the approval notice indicates there is no I-130 CR-1 process alive? (why would they say they send it to NVC, if they really keep it at USCIS level?)

Also Youtoo mentioned he has now started the CR-1 process. He could only do this if he has heard from NVC no?

I think the solution in all of this lies in going back to the basics: Youtoo, where in the immigrant visa process are you now? Have you received a case number from NVC etc? If you say you have started the CR-1 process, what do you mean precisely?

And what I really cannot figure out is, have you been waiting all this time for approval of your I-129F, even though your I-130 was already approved in September? If so, why?

Edited May 11, 2008 by Catt

[Catt 6]

I just looked at your timeline Youtoo (hadnt done that before, sorry about that), so never mind my previous question about where in the process you are.

I see you are at NVC level and have already paid your IV Bill.

So at least you should be moving along quite fast now (since in the past weeks NVC seems to be moving so much faster, judging from Loto's (and others') posts.

I still do not understand why your attorney has only submitted I-129F after I-130 approval (seems pointless) and why you have waited all this time to proceed with your immigrant visa process, even after your I-130 was approved and your case was passed to NVC. But I truly hope you'll get your visa soon!

Best of luck

[pushbrk 12,569]

I am obviously not a seasoned VJer, so I shouldn't have responded to this thread in the first place. Sorry about that, Youtoo.

But Pushbrk, about your previous post:

[The notification is indeed confusing but we've seen it many times since November, 2006. It's the wording they use when they are holding your I-130 in the expectation your spouse will enter on a K3 visa and then adjust status. What indicated this to them is the filing of the I-129F for spouse.

How can this be the case, when his attorney only submitted the I-129F petition for K-3 AFTER this approval for I-130 was received?

If the I-129F wasn't even filed when USCIS made this decision, how can the I-129F have already (preemptively?) affected it?

As I said, I have not followed this in past years, as some of you have. But it seems logical that the answer can only lie in what was written on the I-130 petition, no? How do you explain this?

It's a good question. I expect the answer lies in some error by his attorney or in some errant information posted here. The wording on the NOA2 definitely indicates there is no I-130 CR1 process alive and moving at the moment the notice was printed.

We have a language barrier here, so no doubt there is some confusion.

There is definitely confusion about the exact facts.... what I gather from the previous posts is:

- The I-129F was only sent in after I-130 approval so he didnt apply for K-3 but for IR-1/CR-1

- After USCIS had approved the I-130, his attorney sent in the I-129F petition (I really wonder why)

Pushbrk, the I-130, when I read the quote of the first post again, states that it was sent to NVC. What do you mean the wording of the approval notice indicates there is no I-130 CR-1 process alive? (why would they say they send it to NVC, if they really keep it at USCIS level?)

Also Youtoo mentioned he has now started the CR-1 process. He could only do this if he has heard from NVC no?

I think the solution in all of this lies in going back to the basics: Youtoo, where in the immigrant visa process are you now? Have you received a case number from NVC etc? If you say you have started the CR-1 process, what do you mean precisely?

And what I really cannot figure out is, have you been waiting all this time for approval of your I-129F, even though your I-130 was already approved in September? If so, why?

#######! Some of the confusion is coming from me because I responded after only reading the first sentence.

"The above petition has been approved. The petition indicates that the person for whom you are petitioning

is in the United States and will apply for adjustment of status."

However, the statement goes on to say the case was sent to NVC. The K3/I-129F is a dead issue because it was filed after the I-130 was already approved.

What is the attorney doing about the correspondence from NVC? Probably ignoring it waiting for an I-129F approval that will never come. Sad situation but we covered this for Youtoo months ago.

[YOUTOO 2]

That is correct. Even now the attorney tells me that he is confident the I-129F will be approved any day now;

that's 8 months after he filed. He never encouraged me or even suggested an option to file for the CR-1. I

decided on this by myself after trying to educate myself on VJ.com. It seems that was the smarter option,

yet as mentioned I lost 8 months in the process because the way I read it the approval notice, I should have

filed for CR-1 right then and there. I feel encouraged by all your responses and thank you all for your patience.

Let's hope that this is one of my last posts before the journey has reached it's destination.