I-129F RFE after I130 was approved

[SimAsh 0]

Ok. We had filed I130 first than after we got receipt for I130 we filed I129F. My I130 was approved last month and just sent the I864 AOS Package today to NVC. Now, just got e-mail stating that on my I129F they had sent some letter to my address for RFE. I checked on the USCIS website and it shows that it has moved from Initial Review to Request for Evidence status. It also says there that if you don't provide the or respond back to the request in time they are asking for than your case will be closed or not processed in that manner. So, my question is can I call them and tell them than I want to close this case or do not take any action. I do not want to have any adverse effect of this later on when my wife goes for interview. Thanks

[bobby_kvisa 7]

The I129F will likely NOT be processed from this point forward anyway. The NVC is working on your approved I130 Petition and has already designated your visa to be a CR1 status. If the NVC does ever get an approved I129F petition from the USCIS - they will simply disregard it because the I130 takes precedence (it arrived FIRST and they already selected your visa status to be CR1).

You have a few options at this point so make sure you explore, I don't really know what the cause-effect relationship will be for each action:

* Call the NVC and explain to them your situation. Confirm with them what will actually happen if your respond to the RFE and they eventually

do receive the I129F. They should tell you the same thing I mentioned, they will simply disregard it.

* Ask the NVC if they have any knowledge of what will happen if you cancel or withdraw the I129F petition at this point in time (directly from its current status at USCIS offices).

* Make an INFOPASS appointment and visit your local USCIS office and explain your situation. You should get some type of answer to whatever

scenario you want to be addressed.

I do not know what will happen if you withdraw your I129F petition yourself. But I think the safest course of action might be to respond to the RFE, allow the I129F petition to be approved by the USCIS and then let the NVC administratively close it. That is the normal process NVC is going through now anyway so there should be no problem and no surprises on the NVC side of things when they do see your I129F finally come through.

Edited July 29, 2010 by bobby_kvisa

[canadian_wife 1,822]

The OP no longer will receive an approved I-129F becuase he has an approved I-130. Also, NVC does not have his I-129F so I do not think calling NVC regarding it will do much good.

SimAsh, I suggest you simply call UCSIC and tell them you are not responding to the RFE as you are proceeding with the I-130. it is polite to do so

Good luck

[SimAsh 0]

OK. Thanks bobby_kvisa & canadian_wife for your advice.

[astronaut 3]

I had an RFE on the I129F after the I130 was approved and already sent on it's way to the NVC. Since we have an immigration atty, he did respond to the RFE, which was then approved and also sent to the NVC, who then said on the phone would close the I129F anyway. I don't know why the atty thought we should still respond to the RFE knowing what would happen, but he did do it.

Just thought I'd let you know.

[canadian_wife 1,822]

Your attorney probably replied to it so he could bill you for the work

[astronaut 3]

Your attorney probably replied to it so he could bill you for the work

No, it's a package deal, no extra billing.

[SimAsh 0]

I had an RFE on the I129F after the I130 was approved and already sent on it's way to the NVC. Since we have an immigration atty, he did respond to the RFE, which was then approved and also sent to the NVC, who then said on the phone would close the I129F anyway. I don't know why the atty thought we should still respond to the RFE knowing what would happen, but he did do it.

Just thought I'd let you know.

Thanks. I am going to wait on my RFE and see what it's about. I did have attorney but now I am doing everything myself. Thanks

[SimAsh 0]

Your attorney probably replied to it so he could bill you for the work

I hate attornies...they are like salesman...they have nice suits with nice office and talk big...after they have collected your fees they don't have time to reply to your phone calls...you have to send them e-mail and get on their calendars...It's game like hid and seek...they hide and you seek

[astronaut 3]

Not every attorney is like that. My atty has been very accesible, and has staff that I can immediately talk to, and often I can speak with him within a couple of hours via his office or mobile.

[SimAsh 0]

Ok. The RFE I have is for TWO passport size pictures of myself/petitioner. I have to get this to USCIS by August 29 to Vermont Service Center. My thing is that I am still waiting on my I130 file for NVC to sent to the Bombay Embassy. So, if I go ahead with this and if this/I129F gets ready to be sent to the Embassy before I130 than should I approach this or not? Can this/I129F cause any adverse effect of our I130 filing/case (etc. why did you file for Fiance Visa when you are married and have I130)? I129F was suggested & filed by my attorney thinking that whichever gets approved first we will take that route. We would like to stay with our I130 case since once that one is complete you don't have to do anything after you come here but since I have both options open here I would like to get VJPROs opinion. Thanks!

[missads 59]

You should probably do what canadian_wife said

"SimAsh, I suggest you simply call UCSIC and tell them you are not responding to the RFE as you are proceeding with the I-130. it is polite to do so"

Save the USCIS some effort, and help the queue move faster for the rest of us. Since you have 130 approved and being processed by NVC, the I-129F is useless now. Might as well kill it at the USCIS.

[SimAsh 0]

You should probably do what canadian_wife said

"SimAsh, I suggest you simply call UCSIC and tell them you are not responding to the RFE as you are proceeding with the I-130. it is polite to do so"

Save the USCIS some effort, and help the queue move faster for the rest of us. Since you have 130 approved and being processed by NVC, the I-129F is useless now. Might as well kill it at the USCIS.

Thanks, missads

[Darnell 8,478]

SimAsh - some light reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

----

I say to stick with the I-130.

Since this I-129F RFE came in, for lack of photos, you should ask attorney for partial refund. One of the attorney's jobs is to vette that the file is complete prior to submittal, and apparently he didn't vette the file.

Also, if yer doing stuff at NVC now, please update yer official VJ timeline?

If yer just starting at NVC and want to utilise the online payment portal - have a read? -> http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

Edited August 18, 2010 by Darnell

[SimAsh 0]

SimAsh - some light reading? thx

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

----

I say to stick with the I-130.

Since this I-129F RFE came in, for lack of photos, you should ask attorney for partial refund. One of the attorney's jobs is to vette that the file is complete prior to submittal, and apparently he didn't vette the file.

Also, if yer doing stuff at NVC now, please update yer official VJ timeline?

If yer just starting at NVC and want to utilise the online payment portal - have a read? -> http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

Darnell, thanks. yes, we both me and my wife has decided to pursue I130 and not to go any further with I129F.

I am not sure if the attorney will refund me any money but you are right I have good reason and this was his/her job to take care of it. But now I am just tired of all the hassle and want to both of us just together. I really had high hoped from my attorney but I was wrong.

I think my time-line is up-to-date/current. It shows that NVC received the documents and that's where I am. I am Still waiting on them to approve (6-8 weeks according to the NVC operators) or ask for any RFE.

Thanks again for your advice.