This happening to anyone else?

[olivamie08 1]

Hello everyone! I filed my husband's I-130 in July 2010. I received the NOA1 in August 2010 and never received anything else. I contacted USCIS and they let me put in a service request on Jan. 24, 2011 because his paperwork is outside the normal processing time. I didnt hear anything back until I got a letter in the mail today stating the processing of my case has been delayed and is not ready for a decision, as the required investigation into your background remains open. And that if we dont have a decision within six months to contact USCIS again. What the hell?!?!? Has this happened to anyone else? Does anyone knows what could be holding it up? Plus we originally filed in California but they sent our paperwork to Texas in November 2010. I dont know what to do! Im just kind of freaking out right now.

Edited February 28, 2011 by olivamie08

[belinda63 3,038]

There is a whole thread about this problem in the CR-1 heading. Big, Big mess and now they are trying to clean it up. So sorry you were caught in it.

[YuAndDan 153]

Since this is posted in the K-3 forum.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your 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 does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

[olivamie08 1]

Belinda....could you paste the link to that thread on here? For some reason I cant find it. Thank you!

YuandDan....I was told that I cannot file the I-129f after the NOA1 of the I-130 because we were married in the US. So all I have filed is the I-130.

[YuAndDan 153]

Belinda....could you paste the link to that thread on here? For some reason I cant find it. Thank you!

YuandDan....I was told that I cannot file the I-129f after the NOA1 of the I-130 because we were married in the US. So all I have filed is the I-130.

Someone told you wrong, makes no difference where you got married as to being able to file for a K-3 or not, however as I posted earlier, K-3 tends to get canceled anyway, so save yourself aggravation and stick to the CR-1 visa process.

May as well update profile to indicate CR-1/IR-1 not K-3.

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

K-3 forum has to do with the optional filing of an I-129F after I-130 NOA-1.

[olivamie08 1]

I sent an email to Senator Jon Kyl about what is going on with my husbands paperwork Saturday night and I received a call from his office this afternoon. They took down all my husband's information and mine and his office is going to look into what is going on for me. I hope they can straighten out whatever is going on! Im amazed at how fast his office responded and so happy they are going to help! Hope I hear some good news soon!

[PatRhea 1]

Since this is posted in the K-3 forum.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

Hello this is patrick a petitioner...i really need your help...we are on a CR1 visa too my problem now is my step child, but we add her name in every papers we filed and for G-325a...is she automatically included in my spouse paper? if not..what paper we need to fill up so she can go with her...thank you

[PatRhea 1]

Hello this is patrick a petitioner...i really need your help...we are on a CR1 visa too my problem now is my step child, but we add her name in every papers we filed and for G-325a...is she automatically included in my spouse paper? if not..what paper we need to fill up so she can go with her...thank you

We filed separate G-325 for the kid...