Should I withdraw our I-129F?

[sjmg 0]

Here's the deal, I am a US Citizen married to a Spanish Citizen, we live in Spain and were married here. We filed the I-130 in November and the I-129F two weeks later. We were told like everyone and read everywhere that the K-3 would allow my husband and I to return to the US together sooner than the CR1.

Well, it turns out there is this "US Citizen Living Abroad Queue" and they are people in our exact situation minus the I-129F and they are all getting approved (NOA2) within 30 days per this special queue. Now I am wondering, does anyone know if I withdraw our I-129F petition it would help any?

I've talked to several agents who claim this queue doesn't exist, but they have no explanation for why all the people in our situation have been approved so quickly, oh wait....they said they are all lying...obviously not possible unless VJ is a big conspiracy (insert evil laugh)

So, I am wondering if anyone has knowledge or opinions on the matter....withdraw I-129F and ask for the I-130 to be moved to the right queue, or withdraw and see where it goes, or leave it be??

Thanks in advanced all!

[Darnell 8,479]

i guess a 3rd option would be -

withdraw all and file a new I-130 , clearly showing overseas domicile.

We were told like everyone and read everywhere that the K-3 would allow my husband and I to return to the US together sooner than the CR1.

Yikes. Well, VJ is in that Venn Diagram of Everywhere, alas.

I'm betting you not pay attention to these two tidbits:

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

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/

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I have a strong sense that IF YOU HAD, we'd be having a different conversation now..

[sjmg 0]

i guess a 3rd option would be -

withdraw all and file a new I-130 , clearly showing overseas domicile.

Yikes. Well, VJ is in that Venn Diagram of Everywhere, alas.

I'm betting you not pay attention to these two tidbits:

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

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/

----

I have a strong sense that IF YOU HAD, we'd be having a different conversation now..

Yeah it could work, just I'd be out the money from the first and due to a long process I don't want to get into, I have no way to obtain a money order in US dollars from this country. Also, the original I-130 application has our address listed for us both here and our rental agreement, our marriage certificate issued here, my work contract here as well as his, and our joint bank account showing our direct deposits from here. There is nothing more I could send to show it.

I'd prefer to find a way to continue with the one we have, also my congressman from back home agreed to phone in about it, we know each other personally, maybe that would help?? Or would that make things worse for us, having a congressmen come down on them?

Thanks again for the help, I really though by just relying on the USCIS that I knew what I was doing, I wish I had known about this website before starting the whole process.

[Darnell 8,479]

sorry, the problem is that whatever queue the I-130 was in?

submitting the I-129F forced it to be yanked out of that queue,

and then put in a different queue, at the end of the line, with the I-129F.

re: contacting a congressman - maybe. IF the congressman can be trained up on the process of 'filing when living overseas' and is able to talk coherently with the uscis rep. Sometimes, the RIGHT USCIS REP can be useful, as well. Getting to the RIGHT USCIS REP is troublesome, as the folk who answer the phone are not trained for these situations.

[J&JWS 2]

I wouldn't withdraw the I-129F. We thought about that option too, but withdrawing it does not guarentee that your I-130 will move faster. In fact, it is doubtful. Removing is has to be done by mail (sadly not over the phone) and will probably stall your process by a few more weeks while they read your letter, find your file and remove it accordingly. I suggest you just stick with it.

The I-129F is very misleading and what we are not told is that RARELY is it approved before the I-130. They just don't tell us these things, making our filing efforts pointless and defeating the purpose of the K3 in the first place! What will most likely happen is both petitions will be approved AT THE SAME TIME and once they reach the National Visa Center, they will cancel out the K3 (as with an approved I-130 there is no need for the K3)and continue with the I-130. We had our double approval from USCIS in aprox. 6months.

I hope this makes sense and you find it helpful!

Good luck!

I wouldn't withdraw the I-129F. We thought about that option too, but withdrawing it does not guarentee that your I-130 will move faster. In fact, it is doubtful. Removing is has to be done by mail (sadly not over the phone) and will probably stall your process by a few more weeks while they read your letter, find your file and remove it accordingly. I suggest you just stick with it.

The I-129F is very misleading and what we are not told is that RARELY is it approved before the I-130. They just don't tell us these things, making our filing efforts pointless and defeating the purpose of the K3 in the first place! What will most likely happen is both petitions will be approved AT THE SAME TIME and once they reach the National Visa Center, they will cancel out the K3 (as with an approved I-130 there is no need for the K3)and continue with the I-130. We had our double approval from USCIS in aprox. 6months.

I hope this makes sense and you find it helpful!

Good luck!

[J&JWS 2]

PS - they were only working on August files as of the end of february...Look more towards the 6-7months estimate for approval, not the quoted 5 months.