Approved on I-130 after Submitting an I-129F?

[jilwrinkle 0]

Okay, I've been following the steps as outlined in http://www.visajourney.com/content/k3guide ("Step-by-Step Guide on How to File for a K-3 Visa for your Foreign Spouse").

1. I submitted my I-130 and all supporting forms.

2. I received the receipt (NOA-1) for the I-130 as expected (dated January 14, 2011).

3. I submitted my I-129F and all supporting forms.

4. I received the receipt (NOA-1) for the I-129F as expected (dated February 14, 2011).

Then, I received the approval (NOA-2) for the I-130... not the I-129F (dated May 27, 2011).

Is this right? Is this the NOA-2 I've been waiting for? Or is there another NOA for the I-129F approval still to arrive? Is everything still going as expected or is there something I should worry about?

Thanks.

[sjr09 155]

Okay, I've been following the steps as outlined in http://www.visajourn...content/k3guide ("Step-by-Step Guide on How to File for a K-3 Visa for your Foreign Spouse").

1. I submitted my I-130 and all supporting forms.

2. I received the receipt (NOA-1) for the I-130 as expected (dated January 14, 2011).

3. I submitted my I-129F and all supporting forms.

4. I received the receipt (NOA-1) for the I-129F as expected (dated February 14, 2011).

Then, I received the approval (NOA-2) for the I-130... not the I-129F (dated May 27, 2011).

Is this right? Is this the NOA-2 I've been waiting for? Or is there another NOA for the I-129F approval still to arrive? Is everything still going as expected or is there something I should worry about?

Thanks.

FYI the current status of the K3 visa process. At this time, K3 visa processing has become more unpredictable because the National Visa Center (NVC) will no longer process I-129f petitions for K3 visas if the underlying I-130 petition arrives before, or with, the I-129f. It is a credit to the United States Citizenship and Immigration Service's (USCIS) efficiency that they are processing I-129f applications as well as I-130 applications in a quick and efficient manner.

http://travel.state.gov/visa/immigrants/types/types_2993.html

Important Notice: Effective February 1^st, 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.

Edited June 4, 2011 by sjr09

[pushbrk 12,898]

Okay, I've been following the steps as outlined in http://www.visajourn...content/k3guide ("Step-by-Step Guide on How to File for a K-3 Visa for your Foreign Spouse").

1. I submitted my I-130 and all supporting forms.

2. I received the receipt (NOA-1) for the I-130 as expected (dated January 14, 2011).

3. I submitted my I-129F and all supporting forms.

4. I received the receipt (NOA-1) for the I-129F as expected (dated February 14, 2011).

Then, I received the approval (NOA-2) for the I-130... not the I-129F (dated May 27, 2011).

Is this right? Is this the NOA-2 I've been waiting for? Or is there another NOA for the I-129F approval still to arrive? Is everything still going as expected or is there something I should worry about?

Thanks.

If the I-130 is approved and the I-129F was not already approved or approved on the same day as the I-130, the I-129F will NEVER be approved. The life act indicates that for the I-129F to be approved, there must be a pending I-130. An approved I-130 is no longer pending.

[pushbrk 12,898]

FYI the current status of the K3 visa process. At this time, K3 visa processing has become more unpredictable because the National Visa Center (NVC) will no longer process I-129f petitions for K3 visas if the underlying I-130 petition arrives before, or with, the I-129f. It is a credit to the United States Citizenship and Immigration Service's (USCIS) efficiency that they are processing I-129f applications as well as I-130 applications in a quick and efficient manner.

http://travel.state....types_2993.html

Important Notice: Effective February 1^st, 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.

Your interpretation is essentially correct but not current. The two petitions have been arriving at NVC together since 2007, currently triggering the policy in the bold notice above. However, we have had several reports in the past couple months of I-129F petition arriving ahead of the I-130 even though approved the same day. It appears USCIS may be countering the new NVC policy by holding onto the I-130 petitions for a few days and forwarding the I-129F ahead. It's only a few data points but at least three data points in a row. So, K3 may have been resurrected as a viable possibility.

Another HOWEVER, though is that since late 2006, at best, the K3 has saved couples only a few weeks from filing to visa as compared to an efficiently managed CR1 or IR1 process. I only recommend the K3 for couples with special circumstances that include a need to come and go from the USA without actually immigrating just yet. Border relationships and ships crewmen are a couple examples that might fit.

[jilwrinkle 0]

If the I-130 is approved and the I-129F was not already approved or approved on the same day as the I-130, the I-129F will NEVER be approved. The life act indicates that for the I-129F to be approved, there must be a pending I-130. An approved I-130 is no longer pending.

Dear Mr. and Mrs. Pushbrk,

Thank you for your reply. I just received in the mail today (the day after receiving approval notice of the I-130) a Request For Evidence for the pending I-129F application, asking my wife and me to submit a second set of G-325A forms for ourselves and 2 additional photos of ourselves.

Considering that the I-130 is approvated, and considering that the I-129F will -- according to your assessment -- never be approved, what should I do? Send in the additional forms anyway so as not to annoy the government and ensure that every "I is dotted and T is crossed" (as I am thinking I should do), or just ignore it and let the I-129F application expire via nonresponse to the Request For Evidence?

As it is the weekend, I am thinking of just waiting until Monday to call the USCIS hotline and see what they recommend, but any advice you can give would be appreciated.

[Darnell 8,478]

I suggest a quick letter to withdraw the I-129F petition, just to cover all bases,

but - at some point, somebody will see you gots an approved I-130, and administratively close the I-129F, as the basis for the I-129F and subsequent K-3 visa, an unapproved I-130, doesn't exist for you anymore.

If you do nothing on that RFE, it'll sit around for a bit, then you'll 'lose the window' to submit stuff on the RFE, IMO it's better (now that you have an approved I-130) to have the I-129F closed (via letter requesting same)

Good Luck !

[pushbrk 12,898]

Dear Mr. and Mrs. Pushbrk,

Thank you for your reply. I just received in the mail today (the day after receiving approval notice of the I-130) a Request For Evidence for the pending I-129F application, asking my wife and me to submit a second set of G-325A forms for ourselves and 2 additional photos of ourselves.

Considering that the I-130 is approvated, and considering that the I-129F will -- according to your assessment -- never be approved, what should I do? Send in the additional forms anyway so as not to annoy the government and ensure that every "I is dotted and T is crossed" (as I am thinking I should do), or just ignore it and let the I-129F application expire via nonresponse to the Request For Evidence?

As it is the weekend, I am thinking of just waiting until Monday to call the USCIS hotline and see what they recommend, but any advice you can give would be appreciated.

You don't need to do anything about the I-129F. I would get cracking on learning the NVC shortcuts and the rest of the CR1 process. Count this as a blessing.

[jilwrinkle 0]

I suggest a quick letter to withdraw the I-129F petition, just to cover all bases,

but - at some point, somebody will see you gots an approved I-130, and administratively close the I-129F, as the basis for the I-129F and subsequent K-3 visa, an unapproved I-130, doesn't exist for you anymore.

If you do nothing on that RFE, it'll sit around for a bit, then you'll 'lose the window' to submit stuff on the RFE, IMO it's better (now that you have an approved I-130) to have the I-129F closed (via letter requesting same)

Good Luck !

You don't need to do anything about the I-129F. I would get cracking on learning the NVC shortcuts and the rest of the CR1 process. Count this as a blessing.

Thank you both for your reply.

Darnell: I think it would be in good faith if I were to respond to the RFE first and then put in the "quick letter to withdraw" the I-129F petition. It just seems the responsible thing to do: I'm afraid that a notation might be made somewhere of ignoring this request that could come back to haunt my wife and me. I'll contact the USCIS hotline on Monday and ask, regardless, if it would be okay to just ignore the RFE, but my current inclination is to follow through as "obediently" as possible, even if cancellation of the I-129F is the ultimate intention.

Pushbrk: Could you please direct me to a place where I can examine the "NVC shortcuts" you mentioned? Obviously I can look them up myself, but if there is a particularly good site that you would recommend above others for such information, I would appreciate your guidance.

[Darnell 8,478]

wikispace:LingChe

[sjr09 155]

http://www.visajourney.com/wiki/index.php/Special:Search?search=nvc+shortcut&go=Go

[jilwrinkle 0]

I spoke to USCIS and their response was rather the opposite:

1. Don't ignore a Request For Evidence.

2. The I-129F won't "go away" with approval of the I-130; it sticks around... inactive or what-have-you, but not forgotten.

3. The request to "cancel the I-129F" was discouraged. To quote Officer Scott whom I spoke with, "You've come this far with it, you should let it take its course."

So, in the spirit of "do what has the probability of causing the fewest problems", I'm going to respond to the RFE in full and let the I-129F go happily along to whatever fate awaits it.

Thanks for all your help though, everyone.

[pushbrk 12,898]

I spoke to USCIS and their response was rather the opposite:

1. Don't ignore a Request For Evidence.

2. The I-129F won't "go away" with approval of the I-130; it sticks around... inactive or what-have-you, but not forgotten.

3. The request to "cancel the I-129F" was discouraged. To quote Officer Scott whom I spoke with, "You've come this far with it, you should let it take its course."

So, in the spirit of "do what has the probability of causing the fewest problems", I'm going to respond to the RFE in full and let the I-129F go happily along to whatever fate awaits it.

Thanks for all your help though, everyone.

No harm in that but this is the reason we CALL it the misinformation line. What will happen if you don't respond is that the petition will be denied and you'll get a notice to that effect. Look at your RFE and see if it doesn't say exactly that.

[jilwrinkle 0]

No harm in that but this is the reason we CALL it the misinformation line. What will happen if you don't respond is that the petition will be denied and you'll get a notice to that effect. Look at your RFE and see if it doesn't say exactly that.

Absolutely understood. But, when it comes to getting my wife her visa, "no harm in that" will always be the way to go. The safest thing is to take the 20 or 30 minutes required to fulfill the RFE requirements and mail them out and guarantee that I've met every obligation (even the unnecessary ones), and be rest assured... rather than face the chance that some (here unforeseen) bureaucratic detail will set off a chain of unlikely events that causes me to spend an extra 2-3 months (or substantially more) separated from my wife that would otherwise have not happened with that 20-30 minute effort on my part.

[pushbrk 12,898]

Absolutely understood. But, when it comes to getting my wife her visa, "no harm in that" will always be the way to go. The safest thing is to take the 20 or 30 minutes required to fulfill the RFE requirements and mail them out and guarantee that I've met every obligation (even the unnecessary ones), and be rest assured... rather than face the chance that some (here unforeseen) bureaucratic detail will set off a chain of unlikely events that causes me to spend an extra 2-3 months (or substantially more) separated from my wife that would otherwise have not happened with that 20-30 minute effort on my part.

No harm in that?