On my I-130 I stated "Consular Processing Requested" but got I-129F

[ding 1]

We dual filed I130 and I129F.

I130 approval, notice dated 4-1-08

I129F approival, notice dated 4-1-08

We wrote "Consular Processing Requested" across the top of the I130. My wife was given a K3 at the Embassy and now we have to pay $1010 and file the I-485. Why did we get the K3 and is there any way to go for the IR-1/CR-1 ?

The I130 approval notice says to wait at least 90 days before calling the NVC at (603) 334-0700. Can I still get the IR-1/CR-1 calling them? We waited the 11 months and both were approved the same time, aaaargh!

Can I file form I-824 after she's here?

Edited February 27, 2009 by ding

[Thai family 0]

We dual filed I130 and I129F.

I130 approval, notice dated 4-1-08

I129F approival, notice dated 4-1-08

We wrote "Consular Processing Requested" across the top of the I130. My wife was given a K3 at the Embassy and now we have to pay $1010 and file the I-485. Why did we get the K3 and is there any way to go for the IR-1/CR-1 ?

The I130 approval notice says to wait at least 90 days before calling the NVC at . Can I still get the IR-1/CR-1 calling them? We waited the 11 months and both were approved the same time, aaaargh!

Can I file form I-824 after she's here?

It never hurts to call. The NVC never had any record of receiving the kids I-130. We put in a service request with the USCIS in July to try to get it forwarded and they never acted on it, and sent a very dumb letter that made us throw in the towel and resign ourselves to her eventual AOS. You can still consular process if the NVC ever gets the I-130. We might try again if she plans a trip back to Thailand. Situations change and I think it very unfair for the USCIS to not be consistent in forwarding and holding practices. They did not seem to know where the I-130 is, and in the back of my mind I'm hoping they haven't lost it, which would slow the AOS.

I hope they are more responsive to you, especially since you wrote on it that you wanted consular processing. It seems lately both have been forwarded. You can file the I-824, but who knows how long that would take. She would have to go back to Thailand for the interview.

Thai Mom

[pushbrk 12,606]

We dual filed I130 and I129F.

I130 approval, notice dated 4-1-08

I129F approival, notice dated 4-1-08

We wrote "Consular Processing Requested" across the top of the I130. My wife was given a K3 at the Embassy and now we have to pay $1010 and file the I-485. Why did we get the K3 and is there any way to go for the IR-1/CR-1 ?

The I130 approval notice says to wait at least 90 days before calling the NVC at (603) 334-0700. Can I still get the IR-1/CR-1 calling them? We waited the 11 months and both were approved the same time, aaaargh!

Can I file form I-824 after she's here?

Unfortunately, you filed during the USCIS fiasco policy of holding I-130's when I-129F's were approved. They tended to ignore requests for Consular filing during that period, no matter how clearly the petitions were labeled. They've been back to the procedure of forwarding both petitions for quite some time but some got caught in the mess.

[Y's_habibitk 2]

Here's what I am gathering from your post.

Both petitions were approved at the same time.

She interviewed for and received the K3 at the consulate

Why didnt you guys persue the CR1 through NVC, if that is what you wanted?

The only way to get the CR1 now is to follow it through NVC and then for her to go interview again in the home consulate.

If she cant go back for that or you dont want the headache for whatever reason, just do AOS here.

[GS4EVER 0]

We dual filed I130 and I129F.

I130 approval, notice dated 4-1-08

I129F approival, notice dated 4-1-08

We wrote "Consular Processing Requested" across the top of the I130. My wife was given a K3 at the Embassy and now we have to pay $1010 and file the I-485. Why did we get the K3 and is there any way to go for the IR-1/CR-1 ?

The I130 approval notice says to wait at least 90 days before calling the NVC at (603) 334-0700. Can I still get the IR-1/CR-1 calling them? We waited the 11 months and both were approved the same time, aaaargh!

Can I file form I-824 after she's here?

Unfortunately, you filed during the USCIS fiasco policy of holding I-130's when I-129F's were approved. They tended to ignore requests for Consular filing during that period, no matter how clearly the petitions were labeled. They've been back to the procedure of forwarding both petitions for quite some time but some got caught in the mess.

Fiasco and mess...you summed it up Pushbrk! Oh boy My head is still spinning trying to figure out the logic behind all this; but then again, logic? what logic

[ding 1]

Thanks for the replies!

Yeah, I recall posting my intentions and pushbrk saying it will be interesting to see what they do... well I saw what they didn't do.

I searched the USCIS site and got '0' results looking for the I-824 mentioned in the Public Announcement.

So pushbrk, my only option is AOS and forget the CR1 now?

[Thai family 0]

Here's what I am gathering from your post.

Both petitions were approved at the same time.

She interviewed for and received the K3 at the consulate

Why didnt you guys persue the CR1 through NVC, if that is what you wanted?

The only way to get the CR1 now is to follow it through NVC and then for her to go interview again in the home consulate.

If she cant go back for that or you dont want the headache for whatever reason, just do AOS here.

If the I-130 never makes it to the NVC there's no way to pursue it unless you can get the USCIS to send it to them.

Thai Mom

[pushbrk 12,606]

Thanks for the replies!

Yeah, I recall posting my intentions and pushbrk saying it will be interesting to see what they do... well I saw what they didn't do.

I searched the USCIS site and got '0' results looking for the I-824 mentioned in the Public Announcement.

So pushbrk, my only option is AOS and forget the CR1 now?

Unless you want to file an I-824 and wait an indefinite period of time.