K-3 to IR-1

[waitingforwifey 0]

Hi All,

I have a couple of questions:

1] I have filed both I-130 and I-129F for K-3 visa process. However, if I want to choose just the IR-1 route, do I just call USCIS and ask them to cancel the I-129F? Or is there some paperwork required to do this?

2] My wife's birth certificate does not have her first name on it since in India, it is not required to name the baby right after the birth. Only the birth date, sex, and time of birth and name of mother and father are recorded on the certificate. So we have provided her school transcripts which show her name, her father's name and her date of birth as additional supplement to her birth certificate. Does anyone know if this could be a problem?

3] As far requirements for providing police certificate is concerned, I read that the benficiary must provide police certificates from every place they have lived since the age of 16. My wife has lived in many different cities in India after age of 16 so does that mean she will have to obtain police certificates from ALL those cities??

Thanks in advance for your assitance.

[hheaven67 2]

Hi All,

I have a couple of questions:

1] I have filed both I-130 and I-129F for K-3 visa process. However, if I want to choose just the IR-1 route, do I just call USCIS and ask them to cancel the I-129F? Or is there some paperwork required to do this?

2] My wife's birth certificate does not have her first name on it since in India, it is not required to name the baby right after the birth. Only the birth date, sex, and time of birth and name of mother and father are recorded on the certificate. So we have provided her school transcripts which show her name, her father's name and her date of birth as additional supplement to her birth certificate. Does anyone know if this could be a problem?

3] As far requirements for providing police certificate is concerned, I read that the benficiary must provide police certificates from every place they have lived since the age of 16. My wife has lived in many different cities in India after age of 16 so does that mean she will have to obtain police certificates from ALL those cities??

Thanks in advance for your assitance.

1) Yes, I would cancel it immediately as it will slow down the process...your 180 days (the time limit USCIS is supposed to follow) will restart when the I-129F is received.

2) Maybe a fellow VJ member from India can assist on this answer

3) Police certificates are from the country, not the city so not to worry, it is a federal check not just municipal.

Hope that helps a bit...I'm sure someone from India will chime in with more info for you...good luck!

jen

[pushbrk 12,824]

Hi All,

I have a couple of questions:

1] I have filed both I-130 and I-129F for K-3 visa process. However, if I want to choose just the IR-1 route, do I just call USCIS and ask them to cancel the I-129F? Or is there some paperwork required to do this?

2] My wife's birth certificate does not have her first name on it since in India, it is not required to name the baby right after the birth. Only the birth date, sex, and time of birth and name of mother and father are recorded on the certificate. So we have provided her school transcripts which show her name, her father's name and her date of birth as additional supplement to her birth certificate. Does anyone know if this could be a problem?

3] As far requirements for providing police certificate is concerned, I read that the benficiary must provide police certificates from every place they have lived since the age of 16. My wife has lived in many different cities in India after age of 16 so does that mean she will have to obtain police certificates from ALL those cities??

Thanks in advance for your assitance.

1) Yes, I would cancel it immediately as it will slow down the process...your 180 days (the time limit USCIS is supposed to follow) will restart when the I-129F is received.

2) Maybe a fellow VJ member from India can assist on this answer

3) Police certificates are from the country, not the city so not to worry, it is a federal check not just municipal.

Hope that helps a bit...I'm sure someone from India will chime in with more info for you...good luck!

jen

I wouldn't risk asking USCIS to cancel the I-129F petition. It's a good way to get your whole case cancelled with no refund.

If you want an immigrant visa, don't file an I-129F for spouse. Now that you have, wait and see if they forward both petitions to NVC. If so, just push the I-130 through and ignore the I-129 if you like. If they only forward the I-129F, you'll need to file an I-824 to get the I-130 moving again.

You might try getting hold of USCIS and asking them to note that you wish to have Consular processing of your I-130. That might avoid the I-824 but don't confuse them by trying to cancel the I-129F.