CONFUSED! PLEASE HELP

[jasan 0]

I am a bit confused about the next steps with my case. Both the I130 and I129 petitions were approved for my wife and stepson on March 17, 2008. I have been told by my lawyer now that since the I130 was approved at the same time as the I129 the K3 is not an option. He said the bottom line is, my wife and stepson will need to process for an immigrant visa. The State Department will not issue a K-3 visa if they also have an approved I-130 petition. Is all of this true?

He also told me that the process with the NVC takes several months at a minimum. Once the NVC is finished, they transmit the file to the consulate that will be processing the immigrant visas. Then there is another – usually long – delay before the immigrant visa interview. He is telling most of his clients waiting for immigrant visas to plan on a delay of 9-12 months between approval of the I130 and the immigrant visa interview. At some consulates, the delay is considerably longer these days.

If all of this is true then why approval of the I129?

13/Mar/2007 - Married

I130

16/Jul/2007 - I130 sent to CSC

19/Jul/2007 - I130 received

25/Jul/2007 - NOA1 receipt date

26/Aug/2007 - Touched

17/Mar/2008 - Touched

17/Mar/2008 - Approved

I129

01/Aug/2007 - I129 sent to CSC

14/Aug/2007 - I129 received

17/Aug/2007 - NOA1 receipt date

30/Aug/2007 - Touched

17/Mar/2008 - Touched

17/Mar/2008 - Approved

[Brian&Mel 0]

I am a bit confused about the next steps with my case. Both the I130 and I129 petitions were approved for my wife and stepson on March 17, 2008. I have been told by my lawyer now that since the I130 was approved at the same time as the I129 the K3 is not an option. He said the bottom line is, my wife and stepson will need to process for an immigrant visa. The State Department will not issue a K-3 visa if they also have an approved I-130 petition. Is all of this true?

He also told me that the process with the NVC takes several months at a minimum. Once the NVC is finished, they transmit the file to the consulate that will be processing the immigrant visas. Then there is another – usually long – delay before the immigrant visa interview. He is telling most of his clients waiting for immigrant visas to plan on a delay of 9-12 months between approval of the I130 and the immigrant visa interview. At some consulates, the delay is considerably longer these days.

If all of this is true then why approval of the I129?

13/Mar/2007 - Married

I130

17/Mar/2008 - Approved

I129

17/Mar/2008 - Approved

Just my understanding - The I-130 Petition used to take much longer and the I-129 K1/K3 visa was put in place to allow the famly to be together while the I-130 made its way through the halls of government. New processes have allowed the I-130 and the I-129 to be processed in the same amount of time so they have - unofficially if not officially, actually stopped the I-129 process. If you go to VJ home page and then "timelines" you will see the processing times which are self-reported.

The NOA-2 will be notification that your petition has been sent to the Consulate for processing - and from there that time is highly dependent on the individual Consulate.

As I said, just my understanding of the process which is as precise as someone looking at shadows on the wall of a cave and saying "this is how the world works." Actually I think when refering to goverments, the person in the cave has a better chance of understanding

Brian

[pushbrk 12,906]

I am a bit confused about the next steps with my case. Both the I130 and I129 petitions were approved for my wife and stepson on March 17, 2008. I have been told by my lawyer now that since the I130 was approved at the same time as the I129 the K3 is not an option. He said the bottom line is, my wife and stepson will need to process for an immigrant visa. The State Department will not issue a K-3 visa if they also have an approved I-130 petition. Is all of this true?

He also told me that the process with the NVC takes several months at a minimum. Once the NVC is finished, they transmit the file to the consulate that will be processing the immigrant visas. Then there is another – usually long – delay before the immigrant visa interview. He is telling most of his clients waiting for immigrant visas to plan on a delay of 9-12 months between approval of the I130 and the immigrant visa interview. At some consulates, the delay is considerably longer these days.

If all of this is true then why approval of the I129?

13/Mar/2007 - Married

I130

16/Jul/2007 - I130 sent to CSC

19/Jul/2007 - I130 received

25/Jul/2007 - NOA1 receipt date

26/Aug/2007 - Touched

17/Mar/2008 - Touched

17/Mar/2008 - Approved

I129

01/Aug/2007 - I129 sent to CSC

14/Aug/2007 - I129 received

17/Aug/2007 - NOA1 receipt date

30/Aug/2007 - Touched

17/Mar/2008 - Touched

17/Mar/2008 - Approved

That's backwards. With both petitions approved together, the I-130 should be held and the I-129F sent on to NVC and the Consulate to result in K3 and K4 visas.

Were you aware that both wife and child need their own I-130 but only one I-129F is needed. A child cannot have a CR2 visa without an approved I-130 of their own. If they come on K visas, the child's I-130 can be filed at the time you file to adjust status but it must be filed and approved for either an immigrant (CR2) visa or a Green Card.