I-797C Notice of Action

[otrabrit 0]

Hello everyone.

This is my first post as fortunately I'm usually able to get answers to any queries by reading up on the USCIS or State Department websites. Although this is a relatively minor point, it IS important and theres no guidance I can find online.

I am a female US Citizen living in Kansas City and my husband is a UK Citizen living in England. We married there in November last year.

My husband will be applying for a K-3 Visa at the US Embassy in London, England in due course.

I submitted an I-130 application with a whole host of Sworn Affidavits, proof of the bona fides of our marriage etc etc. It was very comprehensive. Of course the Fee was sent also! All of this to the Chicago Lockbox in late March this year.

Within 4 weeks I received back my I-797C Notice of Action, so I imagine thats the NOA1 for the I-130 that you mention in your K-3 Guide.

The I-797C acknowledges receipt of all the paperwork and the check for the fee and it provides a reference number.

The only other thing it says is that the matter is "Pending".

NOW: Does that mean that I should wait to hear further from them OR can I now submit my I-129F Form and accompanying documents???

The current USCIS website under "How do I become a K-Nonimmigrant as the Spouse ...........K3 and K4 Visa Classifications" states the following:-

"The Citizen Petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The Citizen should

then file a copy of this I-797, along with a Form I-129F on behalf of the non-citizen spouse and any children, to the Service Center where the

underlying I-130 Petition is pending".

So strictly interpreting USCIS instructions, I should right now send in my I-129F. But I'm just a bit wary of messing up their system when the I-797C says "Pending" !!

They certainly haven't asked for more "evidence" but equally "Pending" could mean that they haven't got around to looking at my application yet.

Would appreciate any informed comment.

Thank you in advance

JoAnna

[imaisha 0]

If you're sure you want to go the K-3 route then yes, now is the time to send in the 129f, with a photcopy of that NOA1, to the service center listed on the NOA1.

Are you positive that the K-3 is right for you though? The immigrant visas (CR/IR-1) are taking about the same( if not less) amount of time and benefits include getting a greencard upon entry (no adjustment of status later) and paying less in fees.

Just something to consider. I regret ever filing my 129f as it's slowed me down and we're just going to ignore it if it ever gets approved anyway.

[Beth/ Paris Heart 2]

If you're sure you want to go the K-3 route then yes, now is the time to send in the 129f, with a photcopy of that NOA1, to the service center listed on the NOA1.

Are you positive that the K-3 is right for you though? The immigrant visas (CR/IR-1) are taking about the same( if not less) amount of time and benefits include getting a greencard upon entry (no adjustment of status later) and paying less in fees.

Just something to consider. I regret ever filing my 129f as it's slowed me down and we're just going to ignore it if it ever gets approved anyway.

imaisha is correct, sending a I-129F for a K3 could slow you down by 3 months for a approval. A few past filers has said this.

Stick with what you have already filed. Its a much better visa as imaisha mentioned. Good luck in your journey, and imaisha, I hope you will be able to flip before time of interview, and get the better visa , best wishes!!!

[imaisha 0]

thanks paris heart. we're definitely going to try our hardest to do the flip come interview time... eek!

good luck on your journey too!

[otrabrit 0]

If you're sure you want to go the K-3 route then yes, now is the time to send in the 129f, with a photcopy of that NOA1, to the service center listed on the NOA1.

Are you positive that the K-3 is right for you though? The immigrant visas (CR/IR-1) are taking about the same( if not less) amount of time and benefits include getting a greencard upon entry (no adjustment of status later) and paying less in fees.

Just something to consider. I regret ever filing my 129f as it's slowed me down and we're just going to ignore it if it ever gets approved anyway.

Thank you both imaisha and Paris Heart. I really appreciate the speedy and informative replies. We will consider the CR/IR1 option although my husband does have family reasons for not NEEDING (as opposed to wanting!) a quicker return than the K-3 affords. The far greater advantage of course (as you say) would be the confirmation of Conditional Residency before returning to the US rather than doing an Adjustment of Status on return.

Incidentally, you say it would involve less fee-wise to go CR/IR1; can you confirm what Forms are needed?

To go K-3 as far as I can see involves $131 for the DS-156 (K-3 Visa application), $70 for Consular Approval of Form I-130 and £180 (Pounds Sterling; about $270) for the Medical Examination. Then for the Adjustment of Status in the US its $NIL for the I-864 Affidavit of Support, $340 for the I-765 Employment Authorisation, and $1,010 (which includes the $80 for Biometrics) for the I-485 Adjustment of Status.

THUS, a total of $471 (on top of the $355 already paid for the I-130 but disregarded for this calculation) PRE-RETURN TO THE US and $1,350 ONCE IN THE US.

A GRAND TOTAL OF $1,821 still to pay in fees.

How does this compare with the CR/IR1 route.

As I say, your help and advice is VERY appreciated.

JoAnna

[Beth/ Paris Heart 2]

If you're sure you want to go the K-3 route then yes, now is the time to send in the 129f, with a photcopy of that NOA1, to the service center listed on the NOA1.

Are you positive that the K-3 is right for you though? The immigrant visas (CR/IR-1) are taking about the same( if not less) amount of time and benefits include getting a greencard upon entry (no adjustment of status later) and paying less in fees.

Just something to consider. I regret ever filing my 129f as it's slowed me down and we're just going to ignore it if it ever gets approved anyway.

Thank you both imaisha and Paris Heart. I really appreciate the speedy and informative replies. We will consider the CR/IR1 option although my husband does have family reasons for not NEEDING (as opposed to wanting!) a quicker return than the K-3 affords. The far greater advantage of course (as you say) would be the confirmation of Conditional Residency before returning to the US rather than doing an Adjustment of Status on return.

Incidentally, you say it would involve less fee-wise to go CR/IR1; can you confirm what Forms are needed?

To go K-3 as far as I can see involves $131 for the DS-156 (K-3 Visa application), $70 for Consular Approval of Form I-130 and £180 (Pounds Sterling; about $270) for the Medical Examination. Then for the Adjustment of Status in the US its $NIL for the I-864 Affidavit of Support, $340 for the I-765 Employment Authorisation, and $1,010 (which includes the $80 for Biometrics) for the I-485 Adjustment of Status.

THUS, a total of $471 (on top of the $355 already paid for the I-130 but disregarded for this calculation) PRE-RETURN TO THE US and $1,350 ONCE IN THE US.

A GRAND TOTAL OF $1,821 still to pay in fees.

How does this compare with the CR/IR1 route.

As I say, your help and advice is VERY appreciated.

JoAnna

A whole lot less fees then K3. K3 may possible slow down your approval time, just stick with CR-1 visa. You wont regret it!

[chinese_mutt 11]

Hello everyone.

This is my first post as fortunately I'm usually able to get answers to any queries by reading up on the USCIS or State Department websites. Although this is a relatively minor point, it IS important and theres no guidance I can find online.

I am a female US Citizen living in Kansas City and my husband is a UK Citizen living in England. We married there in November last year.

My husband will be applying for a K-3 Visa at the US Embassy in London, England in due course.

I submitted an I-130 application with a whole host of Sworn Affidavits, proof of the bona fides of our marriage etc etc. It was very comprehensive. Of course the Fee was sent also! All of this to the Chicago Lockbox in late March this year.

Within 4 weeks I received back my I-797C Notice of Action, so I imagine thats the NOA1 for the I-130 that you mention in your K-3 Guide.

The I-797C acknowledges receipt of all the paperwork and the check for the fee and it provides a reference number.

The only other thing it says is that the matter is "Pending".

NOW: Does that mean that I should wait to hear further from them OR can I now submit my I-129F Form and accompanying documents???

The current USCIS website under "How do I become a K-Nonimmigrant as the Spouse ...........K3 and K4 Visa Classifications" states the following:-

"The Citizen Petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The Citizen should

then file a copy of this I-797, along with a Form I-129F on behalf of the non-citizen spouse and any children, to the Service Center where the

underlying I-130 Petition is pending".

So strictly interpreting USCIS instructions, I should right now send in my I-129F. But I'm just a bit wary of messing up their system when the I-797C says "Pending" !!

They certainly haven't asked for more "evidence" but equally "Pending" could mean that they haven't got around to looking at my application yet.

Would appreciate any informed comment.

Thank you in advance

JoAnna

U can go ahead and file K3 with your NOA1.

Most people here would advice against it... and personally, I was left with no choice but to wait for the CR1 because we got our NOA1 around 1month and 2 weeks after we filed the I-130. Two weeks after we got our NOA1, we got our NOA2. Before that, my husband was heading home and was contemplating on filing the I-129f coz it was taking them really slow for the approval. I'm glad the NOA2 for our I-130 came out before we filed the K3.

I would not presume to tell you what to do, it will always boil down to what your gut feeling tells you. All we can do is tell you the difference between the two and you must do what your heart tells you.

It will be best if you go to "WIKI" and "GUIDES" in VJ. See top of page.. you'll get lots of info about the two petitions thus enabling you to decide which course is best for your case.

Good luck!

[imaisha 0]

here's a little breakdown that has been posted around here before:

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400

($825)

so that works out to a difference of $671. not chump change if you ask me.

you also have the option of filing the 129f if you want to since it's free, and then deciding later on, once they're approved, which route you'd like to go. lately they've been approving both at the same time, so you can choose whether to just take a quicker interview for the K-3 which gets sent immediately to the embassy from NVC or take the time to go through the processing at NVC for the CR-1. there are also lots of shortcuts here to get through NVC quickly if it does become time sensitive for you.

you can also try to let the K-3 run its course, take that interview date and if the I-130 gets out of NVC fast enough the embassy may issue the CR-1 at that time. that's what we mean by "flipping" the interview, and it's what i'm going to try to do in london.

a lot of the reason i wish i hadn't filed the 129f is that people who filed only an I-130 around the same time i did wound up getting transferred to CSC, which was and still is moving lightyears ahead of VSC. it's all a game of chance though. not sure if they're still doing transfers. seems like they're not doing much of anything at all.

if the K-3 is right for you then by all means go for it.

also, have you considered whether or not he'll be working when he arrives? with the K-3 you'll have to apply for an EAD which is free when filed with the AOS but takes at least three months to process so it'd be some time before he could work, whereas with the CR-1 he could work basically right away.

Edited May 7, 2009 by imaisha

[imaisha 0]

oh and the medical charge is the same 180 pounds no matter which one you choose.

[otrabrit 0]

Hello everyone

Thank you all so much for replying with info, thoughts and suggestions. Sorry but I've been away for a few days and just picked up your replies!

We're definitely thinking very seriously about the CR-1 route and will decide within a few days.

Certainly the difference in the fees is unbelievable, especially when the benefits are so much greater! (I always thought that the EAD fee when done as part of an AOS in the states was $340. Have things changed then?)

I'm just about to check out the VJ site-links you gave so thanks for that also!!!

JoAnna

[otrabrit 0]

OK, I found the EAD fee info. After July 30th 2007 its free if I-485 filed with it.

Thanks guys

JoAnna

[otrabrit 0]

Hello everyone;

I'd appreciate your thoughts on what has transpired so far, which is somewhat confusing.

My husband and I decided to go the CR-1 visa route as you recommended and a very carefully put together package was forwarded to the correct service Center at Laguna Niguel, California. It was acknowledged by them with an I-797C showing a receipt date of JUNE 30th 2009.

The USCIS website consistently stated that I-130 petitions were taking FIVE MONTHS to process, but as we had not heard anything after SIX MONTHS, I telephoned the National USCIS Helpline who got the California Service Center to email me. Their email told me that I could expect to hear from them within 45 days.

Sure enough, after about two weeks I received an email, followed by a letter telling me that the file had been transferred to the USCIS Field Office in Kansas City, MO (which is where I live) "as they now have jurisdiction over your case and they will be contacting you with a decision". I then got a letter from the Kansas City, MO Field Office a day or so later which confirmed they have been passed my file and that "you will hear from us with our decision within the next 90 DAYS".

So, to date it has taken SEVEN MONTHS with the possibility of it taking another THREE MONTHS (90 days), a total of TEN MONTHS to get it to the stage where (hopefully) the file goes to the NVC in New Hampshire.

So; TWICE as long as stated on the USCIS website, and another office involved (i.e. Kansas City MO).

Anyone care to take a guess at why, or have had a similar experience?

Thanks, and a belated Happy New Year to everyone.

JoAnna

[pushbrk 12,569]

Hello everyone;

I'd appreciate your thoughts on what has transpired so far, which is somewhat confusing.

My husband and I decided to go the CR-1 visa route as you recommended and a very carefully put together package was forwarded to the correct service Center at Laguna Niguel, California. It was acknowledged by them with an I-797C showing a receipt date of JUNE 30th 2009.

The USCIS website consistently stated that I-130 petitions were taking FIVE MONTHS to process, but as we had not heard anything after SIX MONTHS, I telephoned the National USCIS Helpline who got the California Service Center to email me. Their email told me that I could expect to hear from them within 45 days.

Sure enough, after about two weeks I received an email, followed by a letter telling me that the file had been transferred to the USCIS Field Office in Kansas City, MO (which is where I live) "as they now have jurisdiction over your case and they will be contacting you with a decision". I then got a letter from the Kansas City, MO Field Office a day or so later which confirmed they have been passed my file and that "you will hear from us with our decision within the next 90 DAYS".

So, to date it has taken SEVEN MONTHS with the possibility of it taking another THREE MONTHS (90 days), a total of TEN MONTHS to get it to the stage where (hopefully) the file goes to the NVC in New Hampshire.

So; TWICE as long as stated on the USCIS website, and another office involved (i.e. Kansas City MO).

Anyone care to take a guess at why, or have had a similar experience?

Thanks, and a belated Happy New Year to everyone.

JoAnna

Usually when the I-130 is sent to a local office, they are doing some kind of investigation of you, your own status, previous immigration issues connected to you or the relationship. It's pretty unusual.