Confused about NOA 1 (I-797)

[Carlos Andres 0]

Hey people how's going.

My wife and me are new in this process and we would like to get some advice from you.

We filed our I-130 petition for the K-3 visa back in March 2010 and just got it approved a couple days ago (I-797, Notice of approval on July 22 2010). For what we have been reading about here at Visajourney after we get our

NOA 1 we have to file our I-129F and then send it, then wait for them to receive it and then the approval.

The letter I got in the mail today says something that has my wife and me confused.

the letter says.

______________________________________________________________________________________________________________________________________________________________________________________________________________

Case type: I-130 Immigrant Petition for Relative, Fiance(e) or Orphan

Notice type: Approval Notice

Section: Husband or wife of US citizen, 201 (b)INA

The above petition has been approved. We have sent the original visa petition to the DEPARTMENT OF STATE NATIONAL VISA CENTER (NVC), 32 Rochester Avenue, Portsmouth, NH 09801. NVC processes all approved immigrant visa petitions that need consular action, it also determines which consular post is the appropriate consulate to complete visa preprocessing. NVC will then forward the approved petition to that consulate.

The NVC will contact the person from whom you are petitioning (beneficiary-my wife) concerting further immigrant visa processing steps.

If you have any questions about visa issuance, please contact the NVC directly. However, please allow at least 90 days before calling the NVC if your beneficiary has not received correspondence from the NVC. the telephone number of the NVC is 603-334-0700

____________________________________________________________________________________________________________________________________________________________________________________________________________

That is what confuses me, I was thinking that they will be asking me for the I-129F to be send but instead they are telling me that I have to wait until my wife hears from the NVC in Colombia?

I am US citizen that wants to bring his wife to the US from Colombia.

when do I get to send the I-129F?

Do I need to send it even if they are telling me to wait until my wife hears from the NVC?

I tough if my wife will a notice from our application, she will get it from the US embassy in Colombia.

when they send you the NOA 1 (I-797)does is say the same thing as mine?

[payxibka 10,045]

What you received is what is referred here as NOA2. Your NOA1 was sent to your USC spouse a week or two after she sent in the I-130.

I-130 is a petition for an immigrant visa (IR/CR). Once the I-130 is approved (NOA2), you are ineligible to file the I-129F petition for K-3. Your path to immigration is set... it will be CR/IR-1. In order to file the I-129F you needed to submit it before the I-130 was still processing.

FWIW, the K-3 has essentially been made procedurally obsolete effective February 2010. Even if you had properly submitted the I-129F it most likely would have been administratively closed and you would have been forced down the CR/IR path anyway.

Edited July 28, 2010 by payxibka

[daboyz 36]

Hey people how's going.

My wife and me are new in this process and we would like to get some advice from you.

We filed our I-130 petition for the K-3 visa back in March 2010 and just got it approved a couple days ago (I-797, Notice of approval on July 22 2010). For what we have been reading about here at Visajourney after we get our

NOA 1 we have to file our I-129F and then send it, then wait for them to receive it and then the approval.

The letter I got in the mail today says something that has my wife and me confused.

the letter says.

______________________________________________________________________________________________________________________________________________________________________________________________________________

Case type: I-130 Immigrant Petition for Relative, Fiance(e) or Orphan

Notice type: Approval Notice

Section: Husband or wife of US citizen, 201 (b)INA

The above petition has been approved. We have sent the original visa petition to the DEPARTMENT OF STATE NATIONAL VISA CENTER (NVC), 32 Rochester Avenue, Portsmouth, NH 09801. NVC processes all approved immigrant visa petitions that need consular action, it also determines which consular post is the appropriate consulate to complete visa preprocessing. NVC will then forward the approved petition to that consulate.

The NVC will contact the person from whom you are petitioning (beneficiary-my wife) concerting further immigrant visa processing steps.

If you have any questions about visa issuance, please contact the NVC directly. However, please allow at least 90 days before calling the NVC if your beneficiary has not received correspondence from the NVC. the telephone number of the NVC is 603-334-0700

____________________________________________________________________________________________________________________________________________________________________________________________________________

That is what confuses me, I was thinking that they will be asking me for the I-129F to be send but instead they are telling me that I have to wait until my wife hears from the NVC in Colombia?

I am US citizen that wants to bring his wife to the US from Colombia.

when do I get to send the I-129F?

Do I need to send it even if they are telling me to wait until my wife hears from the NVC?

I tough if my wife will a notice from our application, she will get it from the US embassy in Colombia.

when they send you the NOA 1 (I-797)does is say the same thing as mine?

You are CR-1/IR-1 for sure. Start reading here for the NVC steps:

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

Time to get the required documents ready. The US petitioner will hear from NVC, not the spouse in Colombia. Your wife has nothing to do at this point except send you documents, so that you can send them to NVC. She might want to collect some evidence for the interview in Columbia.

[Darnell 8,478]

sorry, you missed 'the window' to file that I-129F - you should have filed it when you got that 'I-797-C - Receipt Notice', commonly referred to , here at VJ, as the NOA-1.

That approval notice for the I-130 , that I-797-C, commonly referred to as 'NOA-2' here, trumps all 'need' to file the I-129F - in fact NOW you CANNOT file it - as you no longer meet the requirements (unapproved I-130 at USCIS) .

For now, you've got to prep all for NVC, and do NVC processing.

Some light reading -

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

and then if you choose to use the online payment portal, here's a mini-how-to for slinging documents into NVC based on 'payment portal status' -

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

If you'd like some moral support, check in with the July 2010 NVC group, at

http://www.visajourney.com/forums/topic/262563-july-2010-nvc-thread/

Going forward, though - DON'T WAIT ON NVC TO SEND YOU SOMETHING, intitially. CALL THEM , use telephone.

[missads 59]

Hey people how's going.

My wife and me are new in this process and we would like to get some advice from you.

We filed our I-130 petition for the K-3 visa back in March 2010 and just got it approved a couple days ago (I-797, Notice of approval on July 22 2010)...

when do I get to send the I-129F?

Do I need to send it even if they are telling me to wait until my wife hears from the NVC?

I tough if my wife will a notice from our application, she will get it from the US embassy in Colombia.

when they send you the NOA 1 (I-797)does is say the same thing as mine?

Buddy, you did yourself a favor. I don't know if you got an NOA1 for the I-130 (I-797 acknowledging receipt of your I-130 package), but your I-130 has now been approved (you received NOA2). Since you didn't apply for K-3 (I-129F), there were no distractions, and your I-130 probably got approved quickly.

K-3 application actually seems to set back your I-130 approval by a few weeks. They "connect" both the I-130 and K-3 visa applications, and approve both simultaneously and send to NVC. The NVC then promptly closes your K-3 application and processes only I-130. In your case, you avoided the hassle of K-3 altogether. You got lucky!

Me on the other hand, sent my K-3 application, and still waiting for both I-130 and K-3 NOA2. Wish I hadn't sent the K-3 at all, I-130 would have been approved by now.

Edited July 28, 2010 by missads