filed k3 and i-130 - now confused

[hmmm 0]

I got married in India last year and filed the I-130 and 129F/k3 in the US. Apparently they both have the same processing times and I received approval notices for both last week. My husband lives in India and has never been to the US before. The approval notice for the I-130 says "the petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status." I have called USCIS and NVC five times and got five different answers about what to do...they include "send USCIS a letter asking them to correct their mistake, file I-824, contact NVC (who could not help me because they had no info yet), let him come on the K3 because it takes less than a month and then do the adjustment of status (does K3 really work that fast?), and finally an immigration officer said to do nothing it will get taken care of in India (why would they mail it to India if they think he is in the US?) The people at NVC said they would not be receiving any info on him if the approval says he is in the US.

Does anyone have any advice on what to do? I am very confused. The K3 approval notice looks fine, but I would rather have him come with an I130 visa. I also don't want any confusion with his paperwork when he attends his visa interview.

[Rings 10]

Gosh wow. Okay I am probably not the best person to ask in this, but if I found myself in this situation I would ask myself this:

Rings do you want a headache and more paperwork and more money for a visa that may take longer to process due to the mistake?

My personal answer to myself would be: "No ... ummm not really"

So what Rings would do is go for the K3.. it may not be as good as the CR1, but you have to ask yourself what you are willing to go through and what you want to deal with. If the CR1 is important to you, then the solution is to fix the mistake.

I wish you all of the luck and I hope this turns around for you and congrats on your approvals too *hugs*

[Reba 2]

Well, the K3 is going to get to the consulate in India faster than the Cr1 would anyhow. It only does a couple of days at NVC and then gets forwarded on. The I-130 on the other hand still has several steps to complete before an appointment for interview is scheduled. So, either way, there's time to fix your problem.

Make an Infopass appointment for your local district office and perhaps they can advise what you need to do.

[pushbrk 12,824]

I got married in India last year and filed the I-130 and 129F/k3 in the US. Apparently they both have the same processing times and I received approval notices for both last week. My husband lives in India and has never been to the US before. The approval notice for the I-130 says "the petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status." I have called USCIS and NVC five times and got five different answers about what to do...they include "send USCIS a letter asking them to correct their mistake, file I-824, contact NVC (who could not help me because they had no info yet), let him come on the K3 because it takes less than a month and then do the adjustment of status (does K3 really work that fast?), and finally an immigration officer said to do nothing it will get taken care of in India (why would they mail it to India if they think he is in the US?) The people at NVC said they would not be receiving any info on him if the approval says he is in the US.

Does anyone have any advice on what to do? I am very confused. The K3 approval notice looks fine, but I would rather have him come with an I130 visa. I also don't want any confusion with his paperwork when he attends his visa interview.

If you wanted the CR1 visa that results from the I-130, you made a big mistake in filing the I-129F. The new procedure is to hold the I-130 at the service center until it is needed for the status adjustment that occurs after US entry on a K3 visa. The fact that you filed the I-129F indicated you wished to have a K3 visa issued and adjust status. The only way you can change horses now is to file an I-824 with its $200 fee and wait probably several months for USCIS to get your I-130 moving. This policy went into effect last fall.

From the best I can gather, the USCIS telecenter employees are barely competent to give status information. They spend most of their time giving rehearsed answers as to why you should wait longer before calling or doing anything. This, of course, is because most of their calls come from understandably impatient people who are calling far too soon.

There is no mistake for USCIS to correct. They did what you told them to do.