California Service Center To Texas Service Center

[nab 74]

From my understanding, as long as the I-130 is not approved prior to the I-129F, and doesn't hit NVC prior to I-129F or at the same time as the I-129F, I can still do the K-3. That's the information NVC has told me, so, that is what I'm going with. But, thanks anyway!

"Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition."

you understand correctly. it's just that most people when they hit VJ are told "K-3 is not an option", "it will be closed" etc etc but you have to do what is right for your situation.

website was updated yesterday and i rec'd email last night showing they are working on our I-129F so never know. Dont know if it made a difference but i included a short letter explaining why we needed the K-3.

Edited December 1, 2010 by nab

[rpratt 2]

you understand correctly. it's just that most people when they hit VJ are told "K-3 is not an option", "it will be closed" etc etc but you have to do what is right for your situation.

website was updated yesterday and i rec'd email last night showing they are working on our I-129F so never know. Dont know if it made a difference but i included a short letter explaining why we needed the K-3.

Oh, ok. That may very well work. Time will tell. Good luck!

[U&S 8]

Us July filers got the short end of the stick on this one...

My 5 month is today. No touches since Nov 24 "Post-decision activity" email. Hoping to find a hard copy of NOA2 in my mailbox when I get home tonight.

[J e n n y 26]

My 5 month is today. No touches since Nov 24 "Post-decision activity" email. Hoping to find a hard copy of NOA2 in my mailbox when I get home tonight.

I think you will be getting it any day now because it says "post-decision", so they already made their decision on whether or not to approve it. Let us know!! And fingers crossed that it's waiting for you tonight!

[CanuckChick 7]

Thank you!

Just a quick update for everyone.

Bad news: my husband left this afternoon

Good news: I updated the spreadsheet! I went through and added people I missed on this thread and caught up with everything that happened this past week. I also added three more columns to the spreadsheet: date of transfer to USCIS office, date of post decision activity, and the wonderful NOA2 (which I hope fills up quickly). I'll be updating the spreadsheet more this week as I'll go through Igor's list and add those people who did not write in this thread.

Good luck to all those in Texas! I hope you all receive NOA2s this week!

(And just in case, here's the link to the spreadsheet: https://spreadsheets...dWc&hl=en#gid=0)

[CanuckChick 7]

Just waiting for good news so we can move on to the next stage! Good luck everyone!

I think you will be getting it any day now because it says "post-decision", so they already made their decision on whether or not to approve it. Let us know!! And fingers crossed that it's waiting for you tonight!

[indiacp 0]

I(US citizen) applied for my mom's I-130 on August 26th 2010 and got transferred from CSC to TSC. I got the following message on 11/29/2010. Not sure what is happening as I am seeing quite a few applications with this message.

Post Decision Activity

On November 29, 2010, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Another thread for this same issue:

http://www.visajourney.com/forums/topic/284334-please-helpcase-sent-back-to-uscis-from-state-deparment-for-review/

[Timosha 7]

I(US citizen) applied for my mom's I-130 on August 26th 2010 and got transferred from CSC to TSC. I got the following message on 11/29/2010. Not sure what is happening as I am seeing quite a few applications with this message.

Post Decision Activity

On November 29, 2010, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Another thread for this same issue:

http://www.visajourney.com/forums/topic/284334-please-helpcase-sent-back-to-uscis-from-state-deparment-for-review/

Have you tryid to write email to TSC/CSC or to senator? getting case back to USCIS for review is definitly not your fault, uscis error is expedite criteria

[LotofPatience 65]

From my understanding, as long as the I-130 is not approved prior to the I-129F, and doesn't hit NVC prior to I-129F or at the same time as the I-129F, I can still do the K-3. That's the information NVC has told me, so, that is what I'm going with. But, thanks anyway!

"Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition."

This is very correct

But most (I would say 99% or more) will hit with I-130 and I-129F approved together. Then NVC will kill K-3 path.

Loto

[indiacp 0]

Have you tryid to write email to TSC/CSC or to senator? getting case back to USCIS for review is definitly not your fault, uscis error is expedite criteria

Yes I sent a fax to our senator and they said they will get back. Sent an email to NVC waiting for reply. Called USCIS customer service and they did not provide much help than saying that the application was approved and sent to NVC and got back from them to review again.

[nab 74]

This is very correct

But most (I would say 99% or more) will hit with I-130 and I-129F approved together. Then NVC will kill K-3 path.

Loto

excellent way to explain it, thank you!

we knew when filing that may happen but for some of us there are other factors and it's frustrating to be constantly scolded on VJ for choosing the K-3 route

[LotofPatience 65]

excellent way to explain it, thank you!

we knew when filing that may happen but for some of us there are other factors and it's frustrating to be constantly scolded on VJ for choosing the K-3 route

One of the reasons for few people choose filing I-129F with I-130 is:

If they get I-129F approved first, they can submit I-134 Affidavit of Support, instead of I-864 AOS at NVC, because the sponsor will be very tight to meet the poverty guidelines in the current and/or prior year. I-134 is little relaxed in the sponsorship than I-864. So, for them subsequently when they do Adjustment of Status in the U.S, they can build the finances properly to submit I-864 during that time.

Also, NVC journey is faster for K3 path and they will immediately forward the case to the Consulate, than IR1/CR1 path. NVC for K3 path takes around 2 weeks whereas NVC for IR1/CR1 path currently takes 1.5 months.

Loto

[Timosha 7]

Yes I sent a fax to our senator and they said they will get back. Sent an email to NVC waiting for reply. Called USCIS customer service and they did not provide much help than saying that the application was approved and sent to NVC and got back from them to review again.

Ok, good , keep posting

and good luck!

[Me and my wife 9]

I am reading much about post decision activity. Does everyone has to get "post decision activity" first to get approved? thanks in advance

[nab 74]

One of the reasons for few people choose filing I-129F with I-130 is:

If they get I-129F approved first, they can submit I-134 Affidavit of Support, instead of I-864 AOS at NVC, because the sponsor will be very tight to meet the poverty guidelines in the current and/or prior year. I-134 is little relaxed in the sponsorship than I-864. So, for them subsequently when they do Adjustment of Status in the U.S, they can build the finances properly to submit I-864 during that time.

Also, NVC journey is faster for K3 path and they will immediately forward the case to the Consulate, than IR1/CR1 path. NVC for K3 path takes around 2 weeks whereas NVC for IR1/CR1 path currently takes 1.5 months.

Loto

excellent explanation! also K-3 is good option in a case where AOS wont be done (i.e. not planning to live in USA permanently) and in some countriies can make a difference in what embassy/consulate you are interviewed (one far away does immigrant visas, one local does non-immigrant).

on the messages people are getting i.e. USCIS has rec'd from a State dept versus it's been transferred to a USCIS office for processing (even though the notice of transfer to TSC has already been sent)... i'm confused on what they mean. the latter (USCIS for processing) means they are just working on our petition and really isnt indicative of status (i.e. approved, denied, rfe)??

You're good at explaining things concisely and clearly so if you wouldnt mind...? thanks!