I130 Almost Complete Yet Prefers I129 Coz of Kid

[donchelle 0]

Hi Everybody,

please.

We are in the homestretch with the I130 filed by my USC husband in May but i am holding back sending the DS230 at NVC because of my four-year-old daughter from previous relationship.

It was only in October that we have learnt that my husband needs to file a separate petition for her so it was only around that time that he had filed her own I130. Until this time we have not heard from that particular application, not even a notification of acceptance. So i am holding back the process of my application for my daughter's to catch up with mine.

Now i just received a notice in my email regarding our I129. First time they are updating us. But it's a RFE.

Although our I130 case is almost complete i would prefer the I129 because correct me if i am wrong but it would give my daughter a K4 visa to leave with me at the same time. Which i think the I130 would not let me do that, for my daughter to come with me at the same time.

I need your opinions on this matter VJers.

[C and J 1]

I may have some bad news for you. If you search for posts for VJer DivineMercy you will find that she was in a similar predicament (although not to do with a childs petition). Even though the story is slightly different, it is still based around the I130 being approved first.

The general gyst of DivineMercy's story is that their I130 was approved before the I129F and they waited several months, ignoring the I130 at the NVC, because they wanted the K3 visa (much faster processing time at their local consolute/embassy and would have still saved them a LOT of time in the long run).

Recently, they contacted the USCIS to be told that their I129F was now invalid and would be cancelled because the underlying I130 had already been approved. The fact that she had not continued with the I130 was of no concern to USCIS USCIS do not understand any other part of the process other than their own bit, and as far as they are concerned the I129F is no faster than the I130.

Getting an RFE in this case may be a positive sign but you may want to phone USCIS and ask them about this particular situation... Because of the age of the child involved, maybe there is a possibility to expedite the I130 case. It can't hurt to ask the question.

Edited December 14, 2007 by C and J

[pushbrk 12,883]

Hi Everybody,

please.

We are in the homestretch with the I130 filed by my USC husband in May but i am holding back sending the DS230 at NVC because of my four-year-old daughter from previous relationship.

It was only in October that we have learnt that my husband needs to file a separate petition for her so it was only around that time that he had filed her own I130. Until this time we have not heard from that particular application, not even a notification of acceptance. So i am holding back the process of my application for my daughter's to catch up with mine.

Now i just received a notice in my email regarding our I129. First time they are updating us. But it's a RFE.

Although our I130 case is almost complete i would prefer the I129 because correct me if i am wrong but it would give my daughter a K4 visa to leave with me at the same time. Which i think the I130 would not let me do that, for my daughter to come with me at the same time.

I need your opinions on this matter VJers.

The daughter can leave together with you whether K4 or CR2.

[donchelle 0]

Hi Everybody,

please.

We are in the homestretch with the I130 filed by my USC husband in May but i am holding back sending the DS230 at NVC because of my four-year-old daughter from previous relationship.

It was only in October that we have learnt that my husband needs to file a separate petition for her so it was only around that time that he had filed her own I130. Until this time we have not heard from that particular application, not even a notification of acceptance. So i am holding back the process of my application for my daughter's to catch up with mine.

Now i just received a notice in my email regarding our I129. First time they are updating us. But it's a RFE.

Although our I130 case is almost complete i would prefer the I129 because correct me if i am wrong but it would give my daughter a K4 visa to leave with me at the same time. Which i think the I130 would not let me do that, for my daughter to come with me at the same time.

I need your opinions on this matter VJers.

The daughter can leave together with you whether K4 or CR2.

Hi Pushbrk,

Really, she can leave w/ me in either of the two visas? Tell me more please. Do i have to put her then name on the DS230 which asks for names i have listed under children who will be travelling along with me?

[pushbrk 12,883]

Hi Everybody,

please.

We are in the homestretch with the I130 filed by my USC husband in May but i am holding back sending the DS230 at NVC because of my four-year-old daughter from previous relationship.

It was only in October that we have learnt that my husband needs to file a separate petition for her so it was only around that time that he had filed her own I130. Until this time we have not heard from that particular application, not even a notification of acceptance. So i am holding back the process of my application for my daughter's to catch up with mine.

Now i just received a notice in my email regarding our I129. First time they are updating us. But it's a RFE.

Although our I130 case is almost complete i would prefer the I129 because correct me if i am wrong but it would give my daughter a K4 visa to leave with me at the same time. Which i think the I130 would not let me do that, for my daughter to come with me at the same time.

I need your opinions on this matter VJers.

The daughter can leave together with you whether K4 or CR2.

Hi Pushbrk,

Really, she can leave w/ me in either of the two visas? Tell me more please. Do i have to put her then name on the DS230 which asks for names i have listed under children who will be travelling along with me?

There seems to be a disconnect here.

If you have a K3 visa, your child has a K4 visa. You have one petition and two visa applications.

If you have a CR1 visa, your child has a CR2 visa. You have two petitions and two visa applications.

First you each have a visa. Then you leave together. In the CR1 scenario, you can leave together, provided the child's visa is issued within six month of your own, and you haven't already left.

Edited December 14, 2007 by pushbrk

[peonyflowers99 4]

Hi Everybody,

please.

We are in the homestretch with the I130 filed by my USC husband in May but i am holding back sending the DS230 at NVC because of my four-year-old daughter from previous relationship.

It was only in October that we have learnt that my husband needs to file a separate petition for her so it was only around that time that he had filed her own I130. Until this time we have not heard from that particular application, not even a notification of acceptance. So i am holding back the process of my application for my daughter's to catch up with mine.

Now i just received a notice in my email regarding our I129. First time they are updating us. But it's a RFE.

Although our I130 case is almost complete i would prefer the I129 because correct me if i am wrong but it would give my daughter a K4 visa to leave with me at the same time. Which i think the I130 would not let me do that, for my daughter to come with me at the same time.

I need your opinions on this matter VJers.

The daughter can leave together with you whether K4 or CR2.

Hi Pushbrk,

Really, she can leave w/ me in either of the two visas? Tell me more please. Do i have to put her then name on the DS230 which asks for names i have listed under children who will be travelling along with me?

There seems to be a disconnect here.

If you have a K3 visa, your child has a K4 visa. You have one petition and two visa applications.

If you have a CR1 visa, your child has a CR2 visa. You have two petitions and two visa applications.

First you each have a visa. Then you leave together. In the CR1 scenario, you can leave together, provided the child's visa is issued within six month of your own, and you haven't already left.

Hi Donchelle,

The I 130 petition gives you a CR1 or CR2 visa which is an individual visa based on one beneficiary. The 129F petition is a family based petition and is for the spouse and their children. In order to be able to bring with you your child you have two options: you wait for your I 129F to get approved and therefore you will get a K3/K4 visa for you and your child, or you wait for your child's I 130 to get approved and she will travel with you on a CR2 basis.You can not bring your child with you if it is only yours 130 that get approved, this situation will put you in the horrible deal to leave the country without your child it is better to wait for the I 129f to be approved and leave the country together. I will not recommend to leave your child behind you.

Good luck