What step now??

[4theloveofhenry 8]

Question- My husband and I have had a rocky marriage due to personality conflicts but both of us love each other and want to remain married and work it out. Now last year I applied for a K-3 visa for my husband and it went all the way up to interview. He had his interview in Dec and was told to come back after getting a DNA test for our duagter. To make a long story short we had a disagreament again and it spiraled into months of arguing and no real attempt to move forward. So here we are in Dec again and we are talking of trying to get it right this time. The embassey told him last year there was no time limit on when we brought back the DNA evidence and since then he has moved and we have not heard anything else from the Embassey. My question is will we be able to submitt the DNA test next year in Feb (money reasons) or has the I 129 expired? If it has expired is the I-30 still here in the states and can we just pursue that instead or do we have to start ALL OVER???? I am confused as to what step to take next. PLease I need advice!

[4theloveofhenry 8]

Dont want my thread to spiral down into the unanswered thread abyss, trying to keep it alive until answered. Anyone???

[Chica Yeyé 41]

hang in there - someone will come along with an answer

[meauxna 15]

Question- My husband and I have had a rocky marriage due to personality conflicts but both of us love each other and want to remain married and work it out. Now last year I applied for a K-3 visa for my husband and it went all the way up to interview. He had his interview in Dec and was told to come back after getting a DNA test for our duagter. To make a long story short we had a disagreament again and it spiraled into months of arguing and no real attempt to move forward. So here we are in Dec again and we are talking of trying to get it right this time. The embassey told him last year there was no time limit on when we brought back the DNA evidence and since then he has moved and we have not heard anything else from the Embassey. My question is will we be able to submitt the DNA test next year in Feb (money reasons) or has the I 129 expired? If it has expired is the I-30 still here in the states and can we just pursue that instead or do we have to start ALL OVER???? I am confused as to what step to take next. PLease I need advice!

The first thing to do is notify the Consulate that you would like to keep the case alive; do this ASAP as a hedge.

The I-129f approval is for four months at a time. As you know, Consulates automatically renew that approval in 4 month chunks if the case is 'active'. What I'm more familiar with reading about is the I-130 approval; it does not expire per se, but you need to take action on it within one year (argument could be made that the interview was an action involving the I-130, but I am not a lawyer).

You should not have to start over from scratch, but you should take action now, in December, to restart the case. I know your Consulate is difficult to reach, but they are the ones with the information right now and if they still have the file, you want them to know you want to keep going.

Sorry I don't have more detail for you; I've only seen lawyers actually answer a question like yours before.

[4theloveofhenry 8]

WOW Thank you indeed! Just read some replies over in the IR-1 board and had resigned to the thought that I would have to start over. Thank you for this info it has helped me immensely! Just to be clear, contact the embassey and not NVC? OK like I said thanx a million and also thanx to everyone else who offered their 2 cents. It was appreciated.

Question- My husband and I have had a rocky marriage due to personality conflicts but both of us love each other and want to remain married and work it out. Now last year I applied for a K-3 visa for my husband and it went all the way up to interview. He had his interview in Dec and was told to come back after getting a DNA test for our duagter. To make a long story short we had a disagreament again and it spiraled into months of arguing and no real attempt to move forward. So here we are in Dec again and we are talking of trying to get it right this time. The embassey told him last year there was no time limit on when we brought back the DNA evidence and since then he has moved and we have not heard anything else from the Embassey. My question is will we be able to submitt the DNA test next year in Feb (money reasons) or has the I 129 expired? If it has expired is the I-30 still here in the states and can we just pursue that instead or do we have to start ALL OVER???? I am confused as to what step to take next. PLease I need advice!

The first thing to do is notify the Consulate that you would like to keep the case alive; do this ASAP as a hedge.

The I-129f approval is for four months at a time. As you know, Consulates automatically renew that approval in 4 month chunks if the case is 'active'. What I'm more familiar with reading about is the I-130 approval; it does not expire per se, but you need to take action on it within one year (argument could be made that the interview was an action involving the I-130, but I am not a lawyer).

You should not have to start over from scratch, but you should take action now, in December, to restart the case. I know your Consulate is difficult to reach, but they are the ones with the information right now and if they still have the file, you want them to know you want to keep going.

Sorry I don't have more detail for you; I've only seen lawyers actually answer a question like yours before.

[What Happened? 4]

WOW Thank you indeed! Just read some replies over in the IR-1 board and had resigned to the thought that I would have to start over. Thank you for this info it has helped me immensely! Just to be clear, contact the embassey and not NVC? OK like I said thanx a million and also thanx to everyone else who offered their 2 cents. It was appreciated.

Question- My husband and I have had a rocky marriage due to personality conflicts but both of us love each other and want to remain married and work it out. Now last year I applied for a K-3 visa for my husband and it went all the way up to interview. He had his interview in Dec and was told to come back after getting a DNA test for our duagter. To make a long story short we had a disagreament again and it spiraled into months of arguing and no real attempt to move forward. So here we are in Dec again and we are talking of trying to get it right this time. The embassey told him last year there was no time limit on when we brought back the DNA evidence and since then he has moved and we have not heard anything else from the Embassey. My question is will we be able to submitt the DNA test next year in Feb (money reasons) or has the I 129 expired? If it has expired is the I-30 still here in the states and can we just pursue that instead or do we have to start ALL OVER???? I am confused as to what step to take next. PLease I need advice!

The first thing to do is notify the Consulate that you would like to keep the case alive; do this ASAP as a hedge.

The I-129f approval is for four months at a time. As you know, Consulates automatically renew that approval in 4 month chunks if the case is 'active'. What I'm more familiar with reading about is the I-130 approval; it does not expire per se, but you need to take action on it within one year (argument could be made that the interview was an action involving the I-130, but I am not a lawyer).

You should not have to start over from scratch, but you should take action now, in December, to restart the case. I know your Consulate is difficult to reach, but they are the ones with the information right now and if they still have the file, you want them to know you want to keep going.

Sorry I don't have more detail for you; I've only seen lawyers actually answer a question like yours before.

I have read several cases such as yours. What you will need to find out is, at what stage and where your I130 is. Since you already interviewed for the I129 (K3), it is possible that your I130 is not at the consulate. It may have never been sent. If your I130 is not at the consulate, you will need to be rather determined to find out where it is and to make certain that it moves forward to the embassy and is scheduled for an interview. You may need to call NVC AND USCIS to find out where your I130 is and to make them aware of the fact that you intend to have your spouse apply for a CR1 visa so you need your I130 to be scheduled for an interview at the consulate.

The CR1 visa will be the better option for you anyway. You will save yourself money,headaches, and your spouse will be able to work very soon after arriving in the US without having to apply for a work authorization as he would have needed to do with the K3 visa.

Your I129 is expired, they are not "automatically renewed". Unfortunately, if a request was not made for a renewal, it didn't get renewed. I wouldn't count on the Lagos consulate to do anything automatically. You should not have to start over as I130 petitions do not have an expiration time frame, but you will need to be persistant in your attempts to get your I130 scheduled for an interview.

It never hurts to get your congressperson involved if you find that you are making no headway.

Best wishes and hopefully everything will work out just fine

[urch 0]

I hope everything goes well between you and your husband. Thats actually the most important aspect of the whole process. Every other thing will fall into place.

All the best dear.

[meauxna 15]

WOW Thank you indeed! Just read some replies over in the IR-1 board and had resigned to the thought that I would have to start over. Thank you for this info it has helped me immensely! Just to be clear, contact the embassey and not NVC?

Oh, I don't think you'll have to start from scratch. I agree with What Happened's post too. First contact the Embassy.. make sure they know you're still together and pursuing this. Don't have to give them all the reasons why you delayed; delays happen.

If you can't continue with the K-3 (medical's going to have to be redone?) and pick up exactly where you left off, you are better getting the Immigrant Visa (CR-1) started. For that, you'll contact NVC. Again, do so ASAP so you can 'keep' that approved I-130 going.

You'll pay the fees and send all the documents to NVC instead of taking them to the Consulate and of course the resulting visa is 'better'. Perhaps be prepared to give additional evidence about the relationship to boost the DNA report (IE be a bit proactive vs reactive).

Good luck!