Need help and advice... Should I go for K3 or stay put with I-130?

[Enlighten one :) 5]

Other then USCIS approving I130 petitions earlier then normal, they are right on time from the research I have done on visajourney. I not only use the timelines, I also go in every thread and cut and past signature timelines too.

I also wanted to let everyone know I got our paperwork from my lawyer overnighted today and a $1000 refund. I am not one to be reccon with. I have a degree in communication. I can use it for good and bad. *wink

I wish the people who are having their I-129F canceled would update their timelines maybe deleting the I-129F date... it's causing a distortion in the timeline estimates.

[Enlighten one :) 5]

Yes the consulate will deny a K3 visa, if the I130 petition is also there. That is why I am holding off on the NVC right now. I have everything done till the last drop. Just incase. I spoke with a different lawyer for advice. He told me to just wait with the NVC. Our I130 petition will go in a file. When the I129f/K3 petition comes through it will get forwarded to the Consulate/embassy.

All that is required when I submitted my I129f petition is that I have a I130 pending. At the time I submitted the I129f it was pending. There is not a clause for approved I130. They cannot cancel the petition until they make a law. I do not know why everyone thinks the USCIS can just do what they want. There are hours of meetings, numerous approvals and lawyer review that go into any type of laws, acts, or policy that they put forth.

I am a usc, I have rights to be informed and have my rights protected.

Maybe they thought that if they said that people would just walk away carmly and accept it as so, but I will not accept this as so.

[Elbereth 0]

Lurking, your attitute is what I expected from everyone else here.

I just can't believe people are accepting these cancelations and doing nothing about it.

[Enlighten one :) 5]

I think that it is fear, but I have GOD, Law, & Love on my side!.. Do not mess with it.

USCIS is not GOD! The do their job and get paid for the work, but they cannot start canceling petitions to save them a shortcut. Plus they cannot cancel something and never tell you either. You filled a form that requires them to respond in a timely manor in accordance of their policy first come first serve.

I have asked this a dozen times. does anyone have a documentation that states their I129f has been terminated? Scan it an let me see. Then I will get on the phone and start ruffling some feathers. Until then i will wait patiently till its my time.

Lurking, your attitute is what I expected from everyone else here.

I just can't believe people are accepting these cancelations and doing nothing about it.

[calamitka 0]

I just can't believe people are accepting these cancelations and doing nothing about it.

I think everyone might have their reasons. After adm. closure of our I-129, my husband wrote to outbus.,to senator, and ambassador without any real results. And after that we sent USCIS to hell and give up.

This problem(so many NEED K3 much more than CR/IR and it should be a free choice anyway) can be solved only on government level ...and they have already our complain.

[Enlighten one :) 5]

Good, I am glad you complained, but if I never contact them until they have started aproving K3's before mine that have a later noa1 date. I will ask when did they plan on notifying me and how? Then I will ask them for documentation telling me that the petition had been administrativly closed and under what law and terms. They have to provide me with a reason that is documented. they can't make up something. They have to site a law or policy that has been established. I will demand the information documented. I do not care if they are the USCIS they can not mess with peoples lives.

I am someone that walks in faith. If my husband is not meant to be here, then he is not meant to be here. I was on the wrong path when I chose to get married. I followed the directions the USCIS gave me.

I just can't believe people are accepting these cancelations and doing nothing about it.

I think everyone might have their reasons. After adm. closure of our I-129, my husband wrote to outbus.,to senator, and ambassador without any real results. And after that we sent USCIS to hell and give up.

This problem(so many NEED K3 much more than CR/IR and it should be a free choice anyway) can be solved only on government level ...and they have already our complain.

[N360 0]

Because they are changing the rules of a game that has already started.

I don't know about the law in the US, but in my country, the government wouln't dare do disrespect us like that, because we'd unleash the ###### fury on them.

Hmmm. I wonder then, why Brazilian are fleeing/migrating to the US by the thousands.

It's actually surprising to me that US citizens, who have a bit of a fame of just starting law suits over anything are just taking this from USCIS with their heads down, without any warning, justifications or even an official comment on it. They are causing a drastic change in the process and leaving everyone without knowing what's going on. It's absurd.

I think this is blatant disrespect to US citizens and their spouses, and when (if) they do this to us, we're ###### sueing them.

I think that sometimes people forget that there's always been a long line at INS/USCIS and that we chose to be on this line. When the line is not moving fast enough or people are not being processsed the way we like it, we b*tch.

I wonder if we are forgetting that our spouses are not citizens or residents of this nation. That marrying US citizens doesnt grant them automatic "right" for entry.

Yes its hard to be separated from your spouse but I knew it will be a long process beofre I married her. I also dont like that my K3 got cancelled but Im still grateful that I could bring my wife over.

The US govt is doing NOTHING illegal.

[Enlighten one :) 5]

I do not ###### or complain about the USCIS. I have no complaint at all. I will complain if they "administratively" close my petition. I have not called them once. They never have someone call them up and say "thank you" for approving my petition on time. I have only called them because my lawyer gave me an incorrect receipt number for my petition. I have never did the RFE trick. I am waiting for my turn. They have to listen to people who are driven by emotions who take it out on them whether they are responsible for the petition or not.

Obviously if the administrative closing of petition was becoming such a problem that eveyrone is complaining about, why haven't they posted and update to their website to clearify this information?

That solution would seem so simple? hhhmmmm things that make you go hhhmmmmm

Because they are changing the rules of a game that has already started.

I don't know about the law in the US, but in my country, the government wouln't dare do disrespect us like that, because we'd unleash the ###### fury on them.

Hmmm. I wonder then, why Brazilian are fleeing/migrating to the US by the thousands.

It's actually surprising to me that US citizens, who have a bit of a fame of just starting law suits over anything are just taking this from USCIS with their heads down, without any warning, justifications or even an official comment on it. They are causing a drastic change in the process and leaving everyone without knowing what's going on. It's absurd.

I think this is blatant disrespect to US citizens and their spouses, and when (if) they do this to us, we're ###### sueing them.

I think that sometimes people forget that there's always been a long line at INS/USCIS and that we chose to be on this line. When the line is not moving fast enough or people are not being processsed the way we like it, we b*tch.

I wonder if we are forgetting that our spouses are not citizens or residents of this nation. That marrying US citizens doesnt grant them automatic "right" for entry.

Yes its hard to be separated from your spouse but I knew it will be a long process beofre I married her. I also dont like that my K3 got cancelled but Im still grateful that I could bring my wife over.

The US govt is doing NOTHING illegal.

[N360 0]

Still... the govt is doing nothing illegal. I'm not sure what we can sue them about.

[Enlighten one :) 5]

Did you know that there was 13 I129F VJ user petitions approved with a NOA1 date of August? You must be wondering why other people are getting approved with an approved I130 petition? The last one documented on VJ was on FEb 16th.

Still... the govt is doing nothing illegal. I'm not sure what we can sue them about.

[Enlighten one :) 5]

Names I-130 I-130 I-129F I-129F I-129F I-130 I-129f Updated

Sent NOA1 Sent NOA1 NOA2 NOA2 NOA1toNOA2 Last

KD & AB 7/16/2007 7/26/2007 7/16/2007 8/25/2007 2/13/2008 2/13/2008 172 /12/2008

ax & axel 6/4/2007 7/12/2007 7/14/2007 9/21/2007 2/1/2008 2/1/2008 133 2/24/2008

suany & bob 6/13/2007 6/26/2007 7/24/2007 8/27/2007 1/30/2008 1/30/2008 156 2/2/2008

Thawai & D 6/12/2007 6/20/2007 6/29/2007 7/24/2007 1/30/2008 1/30/2008 190 1/30/2008

Dora & Jam 5/11/2007 5/18/2007 7/6/2007 7/12/2007 1/30/2008 1/30/2008 202 2/24/2008

Lucie & Gr 7/5/2007 7/19/2007 7/23/2007 7/25/2007 1/29/2008 1/29/2008 188 2/25/2008

Lanre & 5/25/2007 6/21/2007 6/22/2007 7/2/2007 1/24/2008 7/16/2007 206 2/23/2008

Natasha & 6/6/2007 6/19/2007 7/1/2007 7/6/2007 1/23/2008 1/23/2008 201 2/13/2008

Yijin 6/1/2007 6/19/2007 7/1/2007 7/6/2007 1/17/2008 1/17/2008 195 1/25/2008

chioma 5/30/2007 6/20/2007 6/29/2007 7/10/2007 1/15/2008 1/15/2008 189 1/28/2008

Ose & 6/7/2007 6/11/2007 7/27/2007 7/30/2007 1/15/2008 1/15/2008 169 2/6/2008

Gloria & 5/26/2007 6/7/2007 7/19/2007 8/27/2007 1/11/2008 1/11/2008 137 1/22/2008

Nab & Em 4/26/2007 5/25/2007 4/26/2007 5/25/2007 1/10/2008 1/10/2008 230 2/18/2008

Adewunmi 5/17/2007 6/12/2007 8/14/2007 8/27/2007 1/9/2008 1/9/2008 135 1/9/2008

Acsah & 5/1/2007 5/24/2007 6/5/2007 6/7/2007 1/9/2008 1/9/2008 216 2/18/2008

Jaser & 6/2/2007 6/6/2007 7/27/2007 7/28/2007 1/9/2008 1/9/2008 165 2/11/2008

Kamal 5/18/2007 6/20/2007 6/21/2007 7/7/2007 1/8/2008 1/8/2008 185 1/12/2008

N. & M 6/27/2007 7/7/2007 7/14/2007 7/19/2007 12/28/2007 12/28/2007 162 12/29/2007

GM & PM 6/28/2007 7/12/2007 8/6/2007 12/19/2007 12/19/2007 135 2/25/2008

mari & 7/5/2007 7/13/2007 7/27/2007 8/16/2007 12/18/2007 12/3/2007 124 2/15/2008

Waleed & 6/6/2007 6/18/2007 7/17/2007 7/23/2007 12/14/2007 12/14/2007 144 2/4/2008

A & G 6/22/2007 7/6/2007 7/18/2007 8/8/2007 12/14/2007 12/14/2007 128 2/17/2008

DILI & JR 4/24/2007 5/24/2007 5/31/2007 6/4/2007 12/13/2007 12/13/2007 192 12/14/2007

Wendy & John4/26/2007 5/22/2007 5/28/2007 6/28/2007 12/13/2007 12/13/2007 168 2/25/2008

Farah & Tar 4/12/2007 6/14/2007 6/25/2007 12/13/2007 12/13/2007 171 2/6/2008

mari & jody 7/5/2007 7/13/2007 7/27/2007 8/16/2007 12/12/2007 12/3/2007 118 1/9/2008

Mari & 7/12/2007 7/26/2007 7/27/2007 8/10/2007 12/11/2007 12/11/2007 123 1/28/2008

Predrag & 7/3/2007 7/13/2007 7/20/2007 7/26/2007 12/10/2007 12/10/2007 137 2/21/2008

elisa & ke 6/1/2007 6/14/2007 7/22/2007 7/25/2007 12/10/2007 12/10/2007 138 1/19/2008

my love & 6/15/2007 7/26/2007 7/26/2007 8/14/2007 12/7/2007 12/7/2007 115 2/22/2008

Edited February 27, 2008 by Lurking

[calamitka 0]

I actually complain about USCIS as well as a few hundred who puts theirs complaints into law cases.

I don't know American law I can't say much about K3 situation.

BUT IT BOTHERS ME THAT I CANNOT ARRIVE TO USA ON NONIMMIGRANT VISA in time frame 2-4 months , while e.i. HB1 spouses can.

NEW YORK TIMES (Feb. 17, 2008) says:

“a creaky, corrosively inept system for welcoming immigrants in — an underperforming bureaucracy that takes their money and makes them wait, with a chronic indolence that is just another form of hostility.”

Below raport from 2006!!

http://commdocs.house.gov/committees/intlr.../hfa26908_0.HTM

[pushbrk 12,569]

pushbrk you are giving out adamantly giving out false information. To tell me that I have no chance of getting the K3 was inconsiderate at best let alone inaccurate. We are here to share our experiences, but I do not believe this was yours. I can see you say you heard, but you have not seen.

First off, it has been common for them to approve both the petitions at the same time and store the I130 then forward the I129f to the NVC. I have seen more then ten cases that both petitions were approved together and they went the I129f. Hours of research in forums taking not of everyone’s timelines.

The Divine gave you examples of other people being approved. They cannot legally cancel a petition they offered me for any reason other then denying me. I will not let them get away with it if they do.

Things have been changing. Approving both petitions and holding the I-130 in K3 cases is the last announced official policy but we've been seeing a mostly consistent change in procedure over the past six or eight weeks, for I-129F for spouse filed after July.

Sometimes the best help we can give is to set appropriate expectations. It's medicine that doesn't always taste good but it's needed just the same.

I don't see your case as falling under either the "hold the I-130" or "administratively cancel the I-129F the day the I-130 is approved" scenarios. Your case is different in that your I-129F receipt date falls after your I-130 was approved. If USCIS follows their own long standing procedures, they will reject your I-129F on the basis you don't have an I-130 pending. In your case there's nothing you can do about your K3 case but wait but if you also fail to push your I-130 through NVC, I think you're going to be even more angry with your attorney than you are with the USCIS.

I'm not here to tell you what you want to hear. I'm here to tell you what I think you need to hear. At the same time, I wish you luck with both petitions. The decisions are yours. If I'm right, it doesn't matter how you deal with USCIS after the fact, the damage will have been done. No turning back the clock.

[Enlighten one :) 5]

I don't see your case as falling under either the "hold the I-130" or "administratively cancel the I-129F the day the I-130 is approved" scenarios. Your case is different in that your I-129F receipt date falls after your I-130 was approved. If USCIS follows their own long standing procedures, they will reject your I-129F on the basis you don't have an I-130 pending.

I'm not here to tell you what you want to hear. I'm here to tell you what I think you need to hear. At the same time, I wish you luck with both petitions. The decisions are yours. If I'm right, it doesn't matter how you deal with USCIS after the fact, the damage will have been done. No turning back the clock.

Pushbrk , long standing procedures? Oh where are these procedure written? Because I have only recently read people stating that there I129f was administratively closed. My I130 being approved is not a common occurrence, because my I129f was not there to be approved at the time my I130. If my lawyer was not paid to delay sending my I129f late, my husband would have been home at Christmas 2007. This is not the norm for someone to submit a I129f petition two months after an I130. I have seen now 4 cases that have been approved after the I130 was approved.

You are telling people that after July 07 the k3 is no good. That is inaccurate and uninformed information. I showed you were 13 petition with i129f noa1 in August have been approved. So you are giving new member in accurate information. Choosing to admin close some and approve others is a "long standing" term in America called Discrimination. Unfortunately, it still exist in America, but it is illegal.

I might be under different circumstance, but my k3 will be approved too.

Even if they do close it,which I doubt, I know have the interpersonal & communication skill to get them to approve the petition.

[Divine Mercy 0]

USCIS cancelling I-129F for spouse petitions when I-130's are already approved is simply another bureaucrat's interpretation of the same law.

This is not what we are seing, though. We're seing I-130s geting approved while I-129Fs are being simultaneously canceled without any justification.

Semantics. In cases where the petitions are on the same desk, the I-130 is approved and I-129F is consecutively, not simultaneously administratively cancelled. Splitting hairs.

I'd like to hear some more about anybody who was told their I-129F was cancelled and then later got both an approval notice and an NVC case number.

November 2007 = I129F Terminated

January 2008 = I129F Approved, NOA2 rec'd in mail and email notification

January 2008 = Assigned NVC Case Number

February 2008 = Consulate schedules K3 interview date

What more would you like to know?