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Boggy1974

Can my I-130 the place of I-129F in line?

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Filed: Citizen (apr) Country: England
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I suppose I'm wondering why the OP bothered to post here, and I'm not saying that in a dismissive way; it's just they asked for advice and then said no, they were going to do it their way regardless. So... why create the thread if they're so sure of themselves?

Edited the last part out because really, the first two sentences are all that's needed.

Edited by Berty

There's that smell again...

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Thank you Grant PDX. You have provided the best sentiment thus far: "Advice can be given but cannot be forced on anyone". We made our decision and we are sticking with it. We will come tell the forum when both petitions are approved! We appreciate all the kind wishes!!!

It is possible that the USCIS might slip up and miss the fact that you have 2 petitions going at the same time and maybe even approve the I129f...but it is your responsibility to advise them that you are married and plan to go the I130 route. If by chance you get an interview for the I129f and attend it you will be misrepresenting your situation and there is a lifetime ban for misrepresentation.

With that said, you are of your own mind and best of luck to you!

Edited by hamigirl710


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Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline

Thank you Grant PDX. You have provided the best sentiment thus far: "Advice can be given but cannot be forced on anyone". We made our decision and we are sticking with it. We will come tell the forum when both petitions are approved! We appreciate all the kind wishes!!!

I was also thinking of getting married but wasn't clear as to what will become of my K-1 petition. So I emailed the embassy with the question.

my questions: can I marry my Fiance' at this time and will it effect his pending case?

Reply from Embassy: "Please note that you are free to marry and that is a personal decision. However once you married the fiance petition will not be valid and you will need to file another petition for your spouse."

Sincerely,

Immigrant Visa Unit

Consular Section

Good Luck to you both!

I-129F

July of 2010: We met in Eritrean when I was on vacation.

August of 2010: Returned to U.S and we spoke on the phone everyday and still do (very costly).

December of 2010 to January 2011: went back to Eritrea to see him.

January 11, 2011- Engaged.

March 2, 2011: I-129F sent

March 13, 2012: Second interview. Placed on Administrative Processing.

October 16, 2012: Case sent back to USCIS

November 16, 2012 Case reaffirmed and sent back to the Department of State (according to the USCIS SITE)

November 28, 2012 Vermont Service Center received Petition back from Embassy.

March 2013- Returned K1 validity expired. Here we go again.... !

I-130

March 15, 2013 Married

April 29, 2013 Filed I-130

May 2, 2013: Received NOA1 via text/email

May 6, 2013: Received NOA1 hardcopy in mail

XX- XX, 2013: Received NOA2 via text/email!!!

XX- XX, 2013: Received NOA2 hardcopy in mail

XX- X, 2013: NVC received file

XX- X, 2013: NVC case number assigned

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I think the OP might be referring to a K3, not a K1. In their timeline, it states they got married in 2009. The way the question was posted is really confusing. Plus the fact that they filed for the I-129F prior to the I-130 when it should have been the other way around. One would really think he was applying for a K1 given his post, and he did not bother correct it (or I may be wrong). But then again, he posted in the K-1 forum. Anyhow, one sends in the K-3 application after the NOA1 is received for the I-130 application, right? So I don't know how this would pan out for them since they did not follow the process. My assumption might be wrong though.

Edited by CJ8611

CR-1 VISA

USCIS

06/20/2012 - I-130 mailed

06/27/2012 - NOA1 (SMS)
08/28/2012 - I-130 Approved (2 months after NOA1; No RFE)
09/01/2012 - NOA2 (Mail)

NVC
09/18/2012 - NVC Case number, I-864 invoice and DS-3032 received via e-mail (3 weeks after I-130 Approval)
09/18/2012 - I-864 fee paid; DS-3032 e-mailed(used DS-3032 e-mail template)
10/02/2012 - DS-3032 acknowledged(2 weeks after e-mailing DS-3032)
10/03/2012 - IV invoice received via e-mail
10/04/2012 - IV fee paid
10/22/2012 - I-864EZ packet delivered
11/05/2012 - I-864EZ accepted (No RFE)
11/09/2012 - IV packet delivered
11/27/2012 - Confirmed case complete via phone call; received NVC instruction letter with interview date via e-mail

US EMBASSY - MANILA
12/18 & 26/2012 - Medical
01/04/2013 - Interview @ 6:15 AM (APPROVED @ around 10:10 AM)
01/10/2013 - Passport and IV packet delivered (in 4 business days)


04/30/2013 - POE: SEATTLE, WA

05/14/2013 - SSN received

05/21/2013 - GC received

10/07/2013 - 1st Day @ 1st Job

ROC

02/21/2015 - I-751 mailed via USPS

02/27/2015 - Received NOA1 in the mail (Receipt date: 02/23/2015)

05/14/2015 - Biometrics appointment (Original 3/24)

08/28/2015 - GC ordered

Naturalization

05/16/2016 - N-400 mailed via USPS

05/23/2016 - Received NOA

06/15/2016 - Biometrics appointment

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It's not a personal decision anymore than filing taxes is a personal decision; it's the law.

You threaten both of your applications by mis-filing in this way. At best nobody will notice (although it may come to light months or even years down the line - any benefits you obtain from USCIS up to and including citizenship can be revoked if they were incorrectly given), at worst both of your applications will be rejected.

Why you would ask for advice and then spurn it is beyond me, but at the end of the day the only time you will lose is yours if you have to refile again in a year's time following the denial of your applications, or worse, need to hire a lawyer to file a waiver for material misrepresentation.

Your I-129F for a K-1 cannot be correctly approved because it is for people who are unmarried and you are now married. I cannot put it in simpler terms than that.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Belarus
Timeline

Guys)) stop answering. It is clear that he is trolling. He cannot be serious or that careless. No one in normal state of mind would do what he is talking about.

I would tend to agree.No normal way of thinking would allow themselves to do this.In the OP's mind it is all a game to see if he can better the government.I do not think he is that serious about his relationship to put that motion to a test. I am going with TROLL and moving on myself.

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Filed: Country: Russia
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Guys)) stop answering. It is clear that he is trolling. He cannot be serious or that careless. No one in normal state of mind would do what he is talking about.

Or he's one of the apparently many people who believe they are above the law.

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Filed: Timeline

I or we are sticking with our personal decision. No amount of insult(s) will change it! Thanks for the advice but we are free to reject it. Very last post. We moved on! Thanks! We will start another thread with a hot hot topic! Thanks and goodluck to you all! Thanks but no thanks for the advice.

Iron Sharpen Iron!

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Filed: Citizen (apr) Country: Brazil
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I or we are sticking with our personal decision. No amount of insult(s) will change it! Thanks for the advice but we are free to reject it. Very last post. We moved on! Thanks! We will start another thread with a hot hot topic! Thanks and goodluck to you all! Thanks but no thanks for the advice.

i'll take that as a request to close this thread.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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