Simultaneous filing of I-130 and I-129F for spouse

[EngMDE 0]

I was preparing to send the I-130 package, and in the process reviewing the the completed G-325A forms my wife signed when I was in China. I noticed that all the G-325As indicated that

"This form is submitted in connection with application for: Other (specify) 1-130 Petition for Alien Relative"

I called the USCIS service center to see if it was ok to send these form with my I-129F. The help desk person transfered to an immigration agent and was told the following:

1) Do not put I-130 or I-129F -- instead indicate K-3

2) Do send I-130 package the indicated service center -- instead send both I-129F and I-130 to Chicago together.

3) Do not file an I-130 for my step-son or he will be waiting in China when his mother gets her visa

I did not see this procedure anywhere so I was very skeptical and confused about the procedure -- I called back. This time I asked the help desk guy and was told the same thing. Send both the G-325As (one set for each me and my wife - 8 pages total) one marriage cerfificate...to Chicago.

Anyone know of this? It seems to make sense on one level but is not documented anywhere.

[riblet 0]

If you look at the required documents for filing a I129F, it requires the NOA1 from the I130. This was covered in another posting earlier. Unfortunately the 1800 people are often misinformed.

I was preparing to send the I-130 package, and in the process reviewing the the completed G-325A forms my wife signed when I was in China. I noticed that all the G-325As indicated that

"This form is submitted in connection with application for: Other (specify) 1-130 Petition for Alien Relative"

I called the USCIS service center to see if it was ok to send these form with my I-129F. The help desk person transfered to an immigration agent and was told the following:

1) Do not put I-130 or I-129F -- instead indicate K-3

2) Do send I-130 package the indicated service center -- instead send both I-129F and I-130 to Chicago together.

3) Do not file an I-130 for my step-son or he will be waiting in China when his mother gets her visa

I did not see this procedure anywhere so I was very skeptical and confused about the procedure -- I called back. This time I asked the help desk guy and was told the same thing. Send both the G-325As (one set for each me and my wife - 8 pages total) one marriage cerfificate...to Chicago.

Anyone know of this? It seems to make sense on one level but is not documented anywhere.

[YuAndDan 153]

Assembling the I-129F Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.)

1. Payment as documented here. Use a check so you can track the payment.
   
2. Cover Letter. Should include a description of what your are petitioning for (K-3 Visa), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
   
3. Form I-129F: Petition for Alien Fiance(e). This form may be used to obtain a K-3/K-4 visa for your alien spouse and her or his child. Fill out the form as directed, except assume that "fiancé" or "fiancé(e)" means "spouse." answer Questions B.17 and B.18 by stating "N/A." Note that filing this form is only necessary to facilitate the entry of your spouse and her or his child as a nonimmigrant.
   
4. G-325A (all four pages) filled out by the US Citizen signed and dated
   
5. One passport-type photo (see note) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <US Citizens Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
   
6. G-325A (all four pages) filled out by the foreign fiance(e) signed and dated
   
7. One passport-type photo (see note) of the foreign Spouse. Write the full name of the foreign Spouse on the back. Place in a plastic bag and label the bag "Photo of <Foreign Spouses Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
   
8. Copy of the Birth certificate for the US Citizen (front and back) or a copy of ALL pages of the US Citizen's passport or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.
   
9. Copy of the NOA1 from the I-130 (how can you file them at same time when you have to wait for NOA1 from the I-130?)
   
10. Optional but recommended: Copy of your marriage certificate.
    
11. In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information.
    

http://www.visajourney.com/forums/index.ph...mp;page=k3guide Edited October 27, 2006 by YuAndDan

[meauxna 15]

I was preparing to send the I-130 package, and in the process reviewing the the completed G-325A forms my wife signed when I was in China. I noticed that all the G-325As indicated that

"This form is submitted in connection with application for: Other (specify) 1-130 Petition for Alien Relative"

I called the USCIS service center to see if it was ok to send these form with my I-129F. The help desk person transfered to an immigration agent and was told the following:

1) Do not put I-130 or I-129F -- instead indicate K-3

2) Do send I-130 package the indicated service center -- instead send both I-129F and I-130 to Chicago together.

3) Do not file an I-130 for my step-son or he will be waiting in China when his mother gets her visa

I did not see this procedure anywhere so I was very skeptical and confused about the procedure -- I called back. This time I asked the help desk guy and was told the same thing. Send both the G-325As (one set for each me and my wife - 8 pages total) one marriage cerfificate...to Chicago.

Anyone know of this? It seems to make sense on one level but is not documented anywhere.

Mark whatever you like on the G-325as for the I-129f. Writing I-129f for K-3 covers it all, doesn't it? They are the least important of all the forms.

The I-130(s) MUST go to the Geographic Service Center.

The I-129f MUST go to the Chicago MSC address.

If you do NOT file an I-130 for your step son, he may be waiting in China. This is a common error and it's really too bad they tried to steer you this way.

Here's why. What happens if the I-129f stalls and the I-130 lurches on? Suddenly Mom is getting her Immigrant Visa interview, and there is no derivative visa for Son. The K-3 has its K-4, but the IV has no such thing. Many people have been caught out withOUT your good planning, and have no I-130 in the works for the child. He will need an I-130 at some point, IIRC.

As the others show, there is no way to file the I-130+I-129f simultaneously. File the I-130, get the Notice of Action receipt, file the I-129f.

Oh, and now you know why it's nicknamed The MisInformation Line.

[EngMDE 0]

Thanks for the feedback. It is pretty disturbing to know two different agents told me information that seems wrong. I told my wife to be together soon we need to be both very careful in how we do the paper work, and lucky. I will definetly stick with what seems to obviously be the procedure. When I have a question - well, I guess I better come here and stay away from the misinformation line

[Reba 2]

If you had called back 5 more times, you'd have got 4 different answers again.

I think they do it just to annoy us

Good luck.

[TongandWei 0]

I have similar question. I have filed I-130 and I-129F for my husband.

I thought K3 will be quicker than Immigrant Visa so I didn't file I-130 for my step-son. Should I file I-130 for him now, or wait until they are here and file I-130&I-485 for him together?

[Yodrak 7]

TongandWei,

I don't understand your reason for not filing the I-130 for your stepson at the same time you filed for your wife, but the boy is going to need an approved I-130 sooner or later.

I would file it now, but my preferences may be different from yours.

Yodrak

I have similar question. I have filed I-130 and I-129F for my husband.

I thought K3 will be quicker than Immigrant Visa so I didn't file I-130 for my step-son. Should I file I-130 for him now, or wait until they are here and file I-130&I-485 for him together?

[meauxna 15]

I have similar question. I have filed I-130 and I-129F for my husband.

I thought K3 will be quicker than Immigrant Visa so I didn't file I-130 for my step-son. Should I file I-130 for him now, or wait until they are here and file I-130&I-485 for him together?

What if the K-3 stalls and your spouse goes in for the Immigrant Visa?

How will stepson enter the US to get the I-485+I-130 filed? There will be no K-4.