NEED HELP

[marymina119 3]

HELLO EVERYBODY

im new to this and i need help im u.s CITIZEN and i filed for I-129f back in august2010 and in novemebr of 2010 i went home and i got married to my fiance and i was told that i need to submit the I-130 which i did in december of 2010. now i have not heard anything about the I-129f its been more than 5 month and i just found out that my wife is pregnant is there anyway they can switch the I129 from a K1( fiance) to a K3 ( spouse) since its still pending so i dont have to wait for the I130 ? and is pregnancy consider emergency specialy my wife has family history of pregnancy complication please help thanks

Edited January 19, 2011 by marymina119

[James And Oksana 19]

HELLO EVERYBODY

im new to this and i need help im u.s CITIZEN and i filed for I-129f back in august2010 and in novemebr of 2010 i went home and i got married to my fiance and i was told that i need to submit the I-130 which i did in december of 2010. now i have not heard anything about the I-129f its been more than 5 month and i just found out that my wife is pregnant is there anyway they can switch the I129 from a K1( fiance) to a K3 ( spouse) since its still pending so i dont have to wait for the I130 ? and is pregnancy consider emergency specialy my wife has family history of pregnancy complication please help thanks

Wow, I really feel bad for you. I wish I knew of a way to help out, but from what I know there is no way to convert a K1 visa application to a K3. The minute they know you are now married, the K1 case you submitted will be denied. The new filing that was did with the I-130 is the best course for you to my knowledge. And I do not believe a pregnancy is considered by the USCIS to be an emergency. Sorry for your situation. It really is hard, and I wish you the best on a quick process to reunite with your wife.

[Inky 1,110]

K-3 is closed at the NVC so you will be going via CR-1.

Pregnancy is not an expedite tool. sorry.

[YuAndDan 153]

Well Kiss the I-129F goodby along with fee paid.

You will be now filing an I-130 for a spousal CR-1 visa, there is NO "Switching" visa types.

You need to contact USCIS and tell them that you are withdrawing the I-129F due to being now married..

Also K-3 is no longer a viable option. K-3 was a visa type that served one function, it allowed a couple to enter the USA and WAIT out a LONG I-130 approval process that was a problem back in the late 90's. For more than a year now USCIS ties the I-130 and I-129F used for K-3 and approves at same time, this essentially ends the K-3's reason to exit since I-130 is approved BEFORE a K-3 can me issued. NVC has been closing all K-3 cases when they receive the approved I-130 at same time as K-3 petition, and NVC then proceeds with the CR-1 case, (I-130)

Moving this to the CR-1 IR-1 forum....

[marymina119 3]

ok here is my new drama

i submitted the I-130 got thier letter saying they recieved it but evrytime i log online to check my case status and put the reciept # it tell me that my case can not be found ??????????/ any idea whats going on ?

[Amy and Nick 37]

As far as im aware pregnancy is a reason for expedite, but only in unique cases where there are complications with the pregnancy. However, i dont believe a family history of it would be sufficient. She would need to actually be at high risk (which i hope and pray wont be the case). However, as always with anything to do with this process, nothing ventured, nothing gained!

[Darnell 8,478]

marymina - you sure make life interesting, yes?

first - read this - http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

then

call in, get an ISO - explain the situation - tell them

--kill the I-129F

--need expedite instructions as yer wife is high risk pregnancy

then

--do what the ISO tells you re:expedite procedures

and

read this about the K-3 -> 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/

(Basically K-3 isn't available to you and yours anymore, since FEB 1, 2010 - yer prolly not aware of it, and thats ok)

[marymina119 3]

ok just got touched by a txt message after165 days saying they need more evidence for my I-129F !!!!!

[pushbrk 12,890]

ok here is my new drama

i submitted the I-130 got thier letter saying they recieved it but evrytime i log online to check my case status and put the reciept # it tell me that my case can not be found ??????????/ any idea whats going on ?

Enter the case number with no spaces or -. Regardless though, sometimes the cases never show in the online tool. You can call and make sure they have the case and its "rough" status.

[Darnell 8,478]

ok just got touched by a txt message after165 days saying they need more evidence for my I-129F !!!!!

Cool !

To be 'more cool' - please call USCIS, get an ISO, let them know you wish to cancel the I-129F (plus the other stuff I listed above)

[pushbrk 12,890]

Cool !

To be 'more cool' - please call USCIS, get an ISO, let them know you wish to cancel the I-129F (plus the other stuff I listed above)

One could try an expedite based on family history of pregnancy complications but I doubt it would fly. Babies are born under many circumstances all over the world, and Egypt has modern medical care.

On the other issue, Darnell and I usually agree on most things but instead of asking the I-129F be withdrawn, I would ask them to proceed with the I-130 independently and just let the I-129F die. I would hate to have them misinterpret the request and stop processing both petitions. This a a gray area though. I don't have any direct experience with trying to separate the two petitions after they've been tied together.

For other readers though, this kind of thing is exactly why NOT to file the I-129F for a spouse. It doesn't help, usually hurts and sometimes (like this time) has the potential to hurt a lot. "Free" doesn't always mean FREE.

Edited January 22, 2011 by pushbrk

[marymina119 3]

so what happen if i dont withdraw the I-129F ? and kept it going with the I-130 till they deny it ( I129f ) themselfs im afraid if i withdraw it they will cancel my I-130 i dont trust them !!!!!

[pushbrk 12,890]

so what happen if i dont withdraw the I-129F ? and kept it going with the I-130 till they deny it ( I129f ) themselfs im afraid if i withdraw it they will cancel my I-130 i dont trust them !!!!!

We really don't know but your concern is the same as mine. That's why I suggested you ask them to move your I-130 forward instead of withdrawing or asking them to cancel your I-129F.

[Ready to do it 101]

Curiously just wondering by what you meant when you said, "I went home and I got married to my fiance..." Isn't your fiance in Egypt and "your" home is the US, no?

HELLO EVERYBODY

im new to this and i need help im u.s CITIZEN and i filed for I-129f back in august2010 and in novemebr of 2010 i went home and i got married to my fiance and i was told that i need to submit the I-130 which i did in december of 2010.