I-130 and I-129F approved same date

[gregmeg 0]

Good evening,

I want some explanation about my case, we were married last march 2010, I-130 and I-129F approved at the same date and my husband received the hard copy of NOA2. So which approved petition we are going to follow? we are confused. Hope anyone can help me, thanks in advance

[jameugiekaxavilon 25]

All I know I-129 petition if a petition for alien fiance and since you are married I-130 is the right one since it is for a spousal petition.

[gregmeg 0]

Good evening,

I want some explanation about my case, we were married last march 2010, We filed I-130 then I-129F with NOA1 because i heard that k3 visa work faster, But last July 12,2011 I-130 and I-129F approve at the same date and my husband received the hard copy of NOA2 both. So which approved petition we are going to follow? we are confused. Hope anyone can help me, thanks in advance. I just repost for further information. Thanks

[canadian_wife 1,822]

All I know I-129 petition if a petition for alien fiance and since you are married I-130 is the right one since it is for a spousal petition.

This is incorrect, when filed with an I130, the I129F acts as a non-immigrant spousal petition

Gregmeg - USCIS will send your petitions to NVC, you will be notified by NVC as to what your next steps are. MOST LIKELY your I129F will be closed at NVC and you'll have to follow the CR-1 path.

However if, in the tiny few cases I have seen, NVC forwards your I129F onto the consulate, you can choose then what petition to want to pursure into a visa, I strongly suggest the Cr-1 immigrant visa path

Good luck

[Darnell 8,478]

Regardless of what you wish for 'less time',

the CR-1 visa is a superior visa type -

you have instant immigrant status in the USA once you come here.

The K-3 visa is a non-immmigrant visa type, and you really cannot participate in the USA, much, with it. Can't work, can't get a SSN. If you wish to join in with USA society, you'll have to apply for a greencard after you arrive in the USA, and that's another thousand + dollars.

IMO, the extra time at NVC will seem minimal for yer USCitizen Spouse, IF he (emphasis on HE) follows the NVC shortcuts listed in the LingChe section of the wiki here.

Ultimately, you two will follow the 'active petition' at NVC - which USUALLY is the I-130, leading to more processing at NVC for the VISA application. NVC normally closes the approved I-129F as it travels together with the approved I-130, as

the basis for continuing with the K-3, an unapproved I-130 petition, doesn't exist anymore.

You mention 1 NOA-2, usually there are two, sent seperately. check the receipt notices, the NOA-1, the receipt numbers - WHICH petition was the NOA-2 issued for, the I-130 or the I-129F ?

[gregmeg 0]

Thank you very much canadian_wife for the clear explanation, Now i understand very well.

[gregmeg 0]

Hi Darnell,

Both we received NOA2 since we have different case number. I-130 has receipt date,notice date and priority date. But I-129F only receipt date,notice date no specific for priority date then approval notice has specific valid time only for 4months starting from july 12.

[Darnell 8,478]

ok - so - now you wait it out, the trip from USCIS to NVC.

[joyjohn 18]

Good evening,

I want some explanation about my case, we were married last march 2010, I-130 and I-129F approved at the same date and my husband received the hard copy of NOA2. So which approved petition we are going to follow? we are confused. Hope anyone can help me, thanks in advance

read this from state department:::::

Important Notice: 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.

[joyjohn 18]

Good evening,

I want some explanation about my case, we were married last march 2010, I-130 and I-129F approved at the same date and my husband received the hard copy of NOA2. So which approved petition we are going to follow? we are confused. Hope anyone can help me, thanks in advance

But of course in a few days you should call NVC to get your MNL# , then ask them which one they are processing, i beat its the IR-1/CR-1....

[jameugiekaxavilon 25]

This is incorrect, when filed with an I130, the I129F acts as a non-immigrant spousal petition

Gregmeg - USCIS will send your petitions to NVC, you will be notified by NVC as to what your next steps are. MOST LIKELY your I129F will be closed at NVC and you'll have to follow the CR-1 path.

However if, in the tiny few cases I have seen, NVC forwards your I129F onto the consulate, you can choose then what petition to want to pursure into a visa, I strongly suggest the Cr-1 immigrant visa path

Good luck

Oh, Im sorry!! :)

[gregmeg 0]

Thank you very much joyjohn i really appreciated the idea you had shared in my case and thanks also for this website.