Received both I-130 & I-129F approvals...

[JohnAndDeyanira 0]

Hello all, hoping someone can help me out with some information.

I filed an I-130 for my wife (Nicaragua) and her son in late February, received notice of receipt for both a week later. In late March, I filed the I-129F, and in early April, I received four letters...the receipt notice for the I-129F, the approval notice for the I-129F, and approvals for both I-130's, and that all apps have been sent to the NVC.

Yesterday I received an email from the Consulate asking for my wife to stop by and pick up the forms for the I-129F (mail service can be a bit difficult there).

I have read that once the I-130 has been approved, the I-129F can no longer be used - my question is, at what time is the I-130 considered "approved"? After all has been completed by the NVC & Consulate?

I have emailed the Consulate and it sounds like I should proceed with the K-3/4, but don't want problems later. Below is what they sent in reply.

Any thoughts?

Thanks,

John

"You are correct. If the I-130 has been approved there is no reason to submit a petition for a K-3 visa. USCIS, recommends that once the petitioner receives the receipt number indicating that it will take xxx numbers of months to process the I-130, that is the time to submit an I-129F petition for a K-3 since the I-130 can take up to a year to be approved.

You were lucky that both petitions were approved almost at the same time and forward to NVC with just a slight difference of days. However, our office has not received the I-130 petition yet, only the I-129F approval to process the K-3 visas. In the meantime, NVC will continue requesting documentation for the I-130. This does not mean that your wife does not have to process the K-3 visa.

Please also be advised that upon entrance to the US, you must file Form I-485 to adjust status in the US, otherwise the I-130 petition will be transferred to our office and she will have to come here for her residency interview.

Please review instructions for I-485 at www.uscis.gov "