How can this happen? What can I do?

[flowercat 0]

Are you saying they approved the I-130 but not the I-129F?

I submitted I-129F also, but I don't remember if it has been approved or not, since I-130 has been approved, I don't need K3. But does it affect?

[cmnb 0]

Are you saying they approved the I-130 but not the I-129F?

I submitted I-129F also, but I don't remember if it has been approved or not, since I-130 has been approved, I don't need K3. But does it affect?

in that case, i dont blieve so...contact a lawyer if things go out of control.

[MsZ 6]

Find out if the I-129F was approved and submitted to NVC. If it hasn't you've got an argument to make. If it has, you might be out of luck depending on what they are processing you as.

[flowercat 0]

Find out if the I-129F was approved and submitted to NVC. If it hasn't you've got an argument to make. If it has, you might be out of luck depending on what they are processing you as.

I don't understand. Could you please explain in detail? What kind of argument should I make? Our I-129F form was submitted in Aug last year. It should have been approved long time ago.

Edited July 29, 2008 by flowercat

[flowercat 0]

Find out if the I-129F was approved and submitted to NVC. If it hasn't you've got an argument to make. If it has, you might be out of luck depending on what they are processing you as.

Do you mean that if I indicated in I-129F form that I would like to have interview in Sweden, so it's my own mistake to have the case sent to Sweden? Actually my husband just went to ask the senior officer of USCIS about the possibility to interview in Sweden before submitting I-129F. He was told: I did not marry an American citizen. I married a China citizen who turned to be American citizen later. So we could have the interview in Sweden. He asked twice and got the same answer. Then we dare to write "stockholm" on that form.

I am totally lost

Edited July 29, 2008 by flowercat

[Steve Y Jessica 1]

Find out if the I-129F was approved and submitted to NVC. If it hasn't you've got an argument to make. If it has, you might be out of luck depending on what they are processing you as.

I don't understand. Could you please explain in detail? What kind of argument should I make? Our I-129F form was submitted in Aug last year. It should have been approved long time ago.

So which one was sent to the embassy? The I-130 or the I-129F?

[flowercat 0]

Find out if the I-129F was approved and submitted to NVC. If it hasn't you've got an argument to make. If it has, you might be out of luck depending on what they are processing you as.

I don't understand. Could you please explain in detail? What kind of argument should I make? Our I-129F form was submitted in Aug last year. It should have been approved long time ago.

So which one was sent to the embassy? The I-130 or the I-129F?

The interview appointment letter (which is useless now) from NVC saying that my catetory preference is IR1. I think it must be I-130 processing......

But my husband called NVC once when we know I-130 approved. I don't know if he mentioned to them that I wanted to be interviewed in Sweden

[lucyrich 20]

There's a provision in the law that says that a K-3 visa must be issued in the country where the marriage took place (unless the marriage happened on US soil). So if you have an approved I-129F, are waiting for you I-130, and are going for a K-3 visa, they have no choice but to interview you in the country where you marriage happened.

There is no such provision regarding an IR-1 visa. It's up to the consulate's discretion whether or not they'll accept a case. Different consulates have different criteria, but generally, most consulates will accept cases involving citizens and permanent residents of the country where the consulate is located. Many won't accept cases of temporary visitors to the country.

Since you already have an approved I-130 petition that's been through the NVC, you're probably not eligible for a K-3 visa, regardless. So the whole discussion about the fact that a K-3 interview has to happen in the country where the marriage took place is an interesting bit of trivia, but probably not relevant to your personal situation.

I'd concentrate on asking the Swedish consulate what their requirements are to have the interview there, and do what you can to meet those requirements, or get an exception if possible.

[flowercat 0]

There's a provision in the law that says that a K-3 visa must be issued in the country where the marriage took place (unless the marriage happened on US soil). So if you have an approved I-129F, are waiting for you I-130, and are going for a K-3 visa, they have no choice but to interview you in the country where you marriage happened.

There is no such provision regarding an IR-1 visa. It's up to the consulate's discretion whether or not they'll accept a case. Different consulates have different criteria, but generally, most consulates will accept cases involving citizens and permanent residents of the country where the consulate is located. Many won't accept cases of temporary visitors to the country.

Since you already have an approved I-130 petition that's been through the NVC, you're probably not eligible for a K-3 visa, regardless. So the whole discussion about the fact that a K-3 interview has to happen in the country where the marriage took place is an interesting bit of trivia, but probably not relevant to your personal situation.

I'd concentrate on asking the Swedish consulate what their requirements are to have the interview there, and do what you can to meet those requirements, or get an exception if possible.

That's what I am going to do. I wrote a long letter describing my situation: 6.5 years legally living in Sweden, although don't have permanent residence, I am living here with residence permit since 2002. I am not a visitor. I sent all the evidence of my residence in Sweden. But I am not permanent resident. I don't know if they will finally accept me.

Well, I will wait till tomorrow to see what they say. do you have any idea how to get an exception? It seems I could only talk to the telephone operator, but she can't decide anything. I have no chance to persuade a higher officer of the embassy. Maybe my husband has more chance than alien does?

[MsZ 6]

If NVC says you are going for an IR-1, then they are processing the I-130. I wasn't clear on which they were processing since you submitted both. And this is indeed pertinent because it determines whether you have an argument to make for Sweden.

I think you need to talk to the embassy as they are the ones making the decision, not USCIS or NVC. So whatever you were told before doesn't really help you.

[flowercat 0]

If NVC says you are going for an IR-1, then they are processing the I-130. I wasn't clear on which they were processing since you submitted both. And this is indeed pertinent because it determines whether you have an argument to make for Sweden.

I think you need to talk to the embassy as they are the ones making the decision, not USCIS or NVC. So whatever you were told before doesn't really help you.

Does somebody know if my case were really returned, what will NVC do with it? I guess they will finally re-send it to my country, China. But Stockholm has appointment processing program, so now all my original documents are in the embassy of Stockholm. But guangzhou, China, has standard processing program, a applicant needs to take all the original documents to the embassy at the time of interview. And I guess I will have to have a new case number also. All these take time for NVC. My husband is waiting for me for years

[Yiyi and Chris 0]

I am really sorry to hear that terrible new... keep us informed of what happens in your case!

[flowercat 0]

I called today. They asked me to show evidence I will have legal residence in Sweden till end of Dec, since they need 8-12 weeks or longer to handle my case, but my presence residence permit will expire in Sep.

Now I need to struggle for a short term position. That's a bit hard, since my PhD study will finish in Sep, but I didn't look for any postdoc position. I don't know if anybody wants to hire me for 3 months. Well, at least there is some hope.

[nunyab 0]

Get to digging up every bit of evidence you have...get affadavids i necessary banks statements, anything you have with your name and Swedish address on it as well as the residancy card.

Good luck

[flowercat 0]

They said it might need 8-12 weeks for them to handle my case. That's 2-3 months. I guess if my case were sent back to NVC, in 2-3 months it should definitely have been sent to guangzhou already. So I will think about it. I am a bit hesitating......