K-3 with children listed (K-4's)

[DavidandJovie 0]

Hello Everyone!!! Here's my situation and starting to go a little nuts like most people on here I assume. On Mar 28, I filed my wife's I-130. We were short of money (we were living in Philippines...)and it looked like we could bring over my 3 step-kids by filing the I-129F K-3/4 with the NOA-1 coming back Apr 29. I realize it is cheaper to just do the I-130's. But with all of us coming over and me thinking I would be able to get a job in the U.S. (which I have...)I thought the waiting two years to change status and not have to pay their immigration for two years would allow me to save some money, so the I-129f looked pretty good at the time.

We then found out in July about the change of the way the I-129fs are processed and everything got screwed up. Our worry is that they will throw out our I-129F, which would mean the kids part would be thrown out as well. So in beginning of August I filed I-130's for the kids (Aug 9th NOA1)just in case (there went the savings).

On Aug 18th, we received an RFE on the initial I-129F because a file stamp on my past divorce certificate was blurry and they also asked for my wife's divorce certificate--even though she has never been married (and we had sent in a letter of singleness from Philippines). I assume the I-130 is attached to the I129f and is on hold as well. On Aug 25, it was posted that they had received the evidence.

So here is one big question. Considering the kids I-130's will not be processed for another 4 months (I did write please expedite and wrote a cover letter explaining the situation, but I doubt if it will go much quicker...bottom of the pile and everything.), will the I-129F still be allowed to process if they approve my wife's I-130 and the I-129F at the same time? In other words, because the kids I-130's are not yet completed, will the I-129F still be processed for them?

I called USCIS to ask and after speaking to someone, was then put on hold for about 40 minutes. The person I then talked too basically called me an idiot and said I should have read the instructions on the I-129F because "of course, it will be still be processed", as I tried to explain the recent ruling back in Feb, she just got more upset and told me I didn't know what I was talking about. Apparently the people at USCIS don't understand what happens at NVC. I then wrote an email to NVC to ask them the same question and how it will be processed and have heard nothing back. So has anyone processed an I-129K-3/4 visa recently with their kids on it??? How did it go?

OK. 2nd big question. The reason they asked for my wife's divorce paperwork was because her kids had used their father's last name and he was listed as my wife's husband on their birth certificates (my wife's mother was embarrassed to tell the midwife (a close friend) her daughter wasn't married to the man she had three kids with...as my wife was really young and had no money to get married). A cover letter explaining the situation was sent in with the response to the I-129F RFE, along with another copy of her "letter of singleness" from the Philippines government stating she had never been married and a copy of our marriage certificate which shows her listed as "single" and me as "divorced". Has anyone had any experience where they made a big stink about an error on the birth certificates for kids in regards to something outside of their birth information? It would be really expensive to have new birth certificates made, and again would take a lot of time. We are worried they are going to reject or ask for new certificates or more information...another RFE after this one....which in this case shouldn't apply to my wife's individual I-130...but probably will. If they are on the ball, I would think her I-130 would still be ok'ed, the I-129 rejected and then this would give us a couple of months to get things fixed for the kids I-130's. Besides if the I-129 is going to get tossed out, this is what is going to happen anyway. Wife ok, kids still in process (I asked USCIS about putting all the cases together and was told that was impossible, the kids had to go through the whole process of doing a background check on their step-father who is a U.S. born Citizen, VA Army veteran, past Homeland Security worker, and presently employed by the Department of the Army with a security clearance. REALLY??? ANOTHER 5 MONTHS TO DO MY BACKGROUND? UTTERLY CRAZY!!!! Or maybe they are worried about 8 yr old terrorists or something...

After being with my family for 3 years and after 5 months already I'm really missing my wife and my step-kids and I have no answers for them when we will all be back together. The I-130 was filed over 5 months ago and still shows initial. The I-129F 4 months ago and now has 60 day period for USCIS to respond back showing "Response Review".---making it 2 months over the initial I-130 5 month processing time. If we get another RFE, that would mean 60 more days on top of all of this. Not knowing how it is all going to play out really SUCKS!!!! Any experience or advice here would be appreciated...

[Darnell 8,478]

since you filed for the expedite, is now time to check the status on the expedite-

you'll need to call in to the USCIS callcenter, and get an ISO - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

questions to ask

--children's I-130 petitions in the expedite queue or not?

--children's I-130 petitions joined up with the mother's I-130 petition ?

So far, it smells like you've only talked with a TIER 1 worker. Sorry. An ISO can do many things (read the contents of that link).

Edited September 4, 2010 by Darnell