I130 after I129F Return to USCIS

[iTuan 0]

Hello All,

After my I129F was denied by HCM, Vietnam in 2009, I got married over sea and start a new I130. It mailed to Vermont center 4 weeks ago and have not hear from them.

**Does any one experience any delay on their I130 due to the old I129F?

**omeone told me that they have to locate my I129F file before they process my I130 - any thought?

**I was there in HCM city many time, spoke to the many C.O including the interviewer. I saw many cases were denied in 2009. I am sure there are people on here that in the same boat as I am. Feel free to share any thing you have.

**Getting married in VN is also NOT easy.

Please share

Thank you all

[lindal24 1]

Did you get your results from your K-1 petition already? I looked at your old post and as far as I can tell, it looks like you're still in AP...

[ScottThuy 140]

He got denied in Sept after getting a second interview...

[lindal24 1]

Unless I'm reading it wrong, I believe the 2nd blue slip he got is an AP slip...unless he got another letter AFTER that stating his petition was denied.

[ScottThuy 140]

He got AP, then denied, then an additional interview when he flew to VN and they denied the second time for the same case...

[BinhJerome 14]

Hello All,

After my I129F was denied by HCM, Vietnam in 2009, I got married over sea and start a new I130. It mailed to Vermont center 4 weeks ago and have not hear from them.

**Does any one experience any delay on their I130 due to the old I129F?

**omeone told me that they have to locate my I129F file before they process my I130 - any thought?

**I was there in HCM city many time, spoke to the many C.O including the interviewer. I saw many cases were denied in 2009. I am sure there are people on here that in the same boat as I am. Feel free to share any thing you have.

**Getting married in VN is also NOT easy.

Please share

Thank you all

They should not need your original I-129 petition to start the new CR1, but they will more than likely have it by the time you get an interview. Clay is in the same boat as you are in, he is currently thinking about moving here and getting married then doing the CR1. Ralph and Hanh are doing what you are about to do, they just recently filed their petition, but no news yet how it is going. Frank (Dang Lang Thang) did not do a CR1; he just refilled for a K1 and is fighting a NOID with the help of Marc Ellis. Bob-KhaHan is going to do the same thing, but I do not know if they have actually filed the new petition yet. Before you file, the only thing that I can suggest is to make sure you can disprove all the reasons for your original denial. I have heard people that just get married and did not confront all the previous reasons for denial and were once again denied. The flip side to the coin is that I have also heard that most people that were denied a K1 and then do in fact get married usually are granted the CR1. I do not have any data on this to offer actual numbers, but from what I hear it is better than the approval rate for a standard K1. Good luck on your new petition, we wish you luck and success!! Jerome and Binh

BTW getting married is not that hard, just lots of go here go there now go here again, but it does seem to take forever to get the paper in hand!

[ScottThuy 140]

He already refiled, and has already married...

Edited April 29, 2010 by ScottThuy

[BinhJerome 14]

I know he is already married, I was making a comment on the fact that the marriage license was not that hard to get, just lots of go here go there then back to here things. Jerome

[Huong and Phung 0]

I know he is already married, I was making a comment on the fact that the marriage license was not that hard to get, just lots of go here go there then back to here things. Jerome

I think every petition needs to be solved first then a new petition can be consider. Well on his case, first was a k1 and now a cr1 is quite a bit different. He might get approve for the cr1 while the k1 still need to be resolve. If that's the case, he needs to be ready to fight back all of the redflags that was on the original k1 petition. Well, all we can do now is to try everything we can. Good luck to you Tuan.

[MichaelAndKha 0]

We are in a similar situation. We had our K-1 denied in October 2009 and decided to get married and file for a CR-1 visa request.

I got the "Notice of Decision" from the USCIS informing that the K-1 case was officially closed. After that I sent the I-130 form and two weeks later I got the "Notice of Action" letter.

Now we are waiting to find out if it has been approved. Does anyone know the average wait time for an approval on the I-130 form?

Thanks,

Michael

[lindal24 1]

We are in a similar situation. We had our K-1 denied in October 2009 and decided to get married and file for a CR-1 visa request.

I got the "Notice of Decision" from the USCIS informing that the K-1 case was officially closed. After that I sent the I-130 form and two weeks later I got the "Notice of Action" letter.

Now we are waiting to find out if it has been approved. Does anyone know the average wait time for an approval on the I-130 form?

Thanks,

Michael

Depends on if it were sent to Vermont or California. The USCIS website says national average is 5 months for decision.

[ScottThuy 140]

I have seen some CR1's sent to the consulate in less than 90 days recently...

I saw one K1 filer that actualy sent the petition in to USCIS in Jan 2010 and they had interview at thier consulate last month. she is already in the US... I mentioned that to the congressional liason this morning and he said.."don't forget that every case is different" puke...

[BinhJerome 14]

I have seen some CR1's sent to the consulate in less than 90 days recently...

I saw one K1 filer that actualy sent the petition in to USCIS in Jan 2010 and they had interview at thier consulate last month. she is already in the US... I mentioned that to the congressional liason this morning and he said.."don't forget that every case is different" puke...

Did you tell him duhh? I hate it when they do that, it is truly like they think we do not understand. I know it is because most people always want for them, and don't care about someone else unless they got something then they say "but he did it" but come on with the lame responses. The thing with the wait time depends on what they do, Frank's case was closed, he filed another K1 and they gave him a NOID, I do not know if they will do that if going from a K1 to a Cr1 or not, but I think the NOID is bull in the first place. If they are going to issue a NOID then they need to not cash the check. I also think since you changed routes you should not have to worry about a NOID, but it usually takes 5 months from when people apply to get their decision. Jerome

[iTuan 0]

Depends on if it were sent to Vermont or California. The USCIS website says national average is 5 months for decision.

I got the "Notice of Decision" from the USCIS informing that the K-1 case was officially closed because the time has expired. But when I send in my CR1, I also included a letter requesting to withdrawn my I129. Did you send a withdrawn letter? I have been waiting 4 weeks now and they have not cash my check yet. I check with an (so called) expert and he say: They need to locate my I129 (A file) to go together with the new case and it is some time causing delay. However, if they un-able to locate my I129F, they will create a temporary file(T file) to go with my CR1 but they will wait for 90 day before they do that.

[iTuan 0]

Thanks everyone for replying in here. At least my wife and I don't feel like we are againts the whole world any more. In preparing for dis-proved the reasons of denial, here are the reasons:

When asking for my manager name, my wife does not recall.

Where do I play soccer at? She does not know

Who are do I play with? She did know neither

Any thought? How do I prepare to dis-proved?