K3 Approved; Can I continue I-130 via Embassy

[fas550 0]

The K3 is approved but I am almost finished with the I-130 also. At this point I would rather just continue the Embassy route for the I-130, go to the embassy with my wife for the interview and get the CR-1 their instead of doing an AOS. Anyone know of a reason I cannot do this? Anyone done this before?

Thanks

Frank

[YuAndDan 153]

USCIS will hold the approved I-130 assuming the K-3 will enter the USA and pay them ($1010) to adjust status, per a new policy. In order to get them to continue the I-130 on to consulate for counselor processing you need to file I-824 ($340) (Action on Approved Petition) to get them to move the approved I-130 on to the consulate.

Read: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

[pushbrk 12,888]

USCIS will hold the approved I-130 assuming the K-3 will enter the USA and pay them ($1010) to adjust status, per a new policy. In order to get them to continue the I-130 on to consulate for counselor processing you need to file I-824 ($340) (Action on Approved Petition) to get them to move the approved I-130 on to the consulate.

Read: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

That's the policy and unless the OP had more action since NOA2 on their I-130, then USCIS followed their policy as usual. Sometimes they don't. OP, please clarify. Has there been any further action on your I-130?