I-130 (as part of K-3/K-4 process)

[Mike and Adriana 0]

I filed the I-130 for my wife in late September (and the I-129F in October), but did not file the I-130 for my 9 year old step-daughter until mid-November. I just received my NOA2 for both the wife's I-129F and I-130. Barring a miracle, I fully expect the I-129F to beat the I130 to the embassy. Given that, the plan is for my wife to interview at the embassy so we can get her and my step-daughter to the U.S. ASAP (likely February).

Now, here's the issue. Luckily, I identified "Bogota Colombia" on line 22 of both I-130s. So, that means the I-130s should eventually be sent to NVC and then to the Bogota embassy. This will allow my wife and step-daugher to return to Colombia to interview for the I-130 (and thus avoid AOS in the U.S.). Obviously, however, the I-130s were submitted about 1 1/2 months apart (I only have the NOA2 on my wife's I-130 so far). Thus, I assume the interviews will eventually be scheduled about that far apart.

Is there a way to follow through on the I-130s with a Bogota interview without having to pay for two separate trips to Bogota? In other words, does anyone have any advice on how I might try to get their interviews scheduled for the same day in Bogota (so they can fly together, one time)? Has anyone had experience with this?

Any advice or experiences are much appreciated?

Mike

[Yodrak 7]

Mike,

It's quite likely that the I-130 will not go to the DoS but will be retained by the USCIS in anticipation that your wife will apply for a K3 visa and adjust status. There is anecdotal evidence developing - there's one new post on VJ just today - that the USCIS has indeed implemented such a policy that was announced last month.

Yodrak

I filed the I-130 for my wife in late September (and the I-129F in October), but did not file the I-130 for my 9 year old step-daughter until mid-November. I just received my NOA2 for both the wife's I-129F and I-130. Barring a miracle, I fully expect the I-129F to beat the I130 to the embassy. Given that, the plan is for my wife to interview at the embassy so we can get her and my step-daughter to the U.S. ASAP (likely February).

Now, here's the issue. Luckily, I identified "Bogota Colombia" on line 22 of both I-130s. So, that means the I-130s should eventually be sent to NVC and then to the Bogota embassy. This will allow my wife and step-daugher to return to Colombia to interview for the I-130 (and thus avoid AOS in the U.S.). Obviously, however, the I-130s were submitted about 1 1/2 months apart (I only have the NOA2 on my wife's I-130 so far). Thus, I assume the interviews will eventually be scheduled about that far apart.

Is there a way to follow through on the I-130s with a Bogota interview without having to pay for two separate trips to Bogota? In other words, does anyone have any advice on how I might try to get their interviews scheduled for the same day in Bogota (so they can fly together, one time)? Has anyone had experience with this?

Any advice or experiences are much appreciated?

Mike

[Mike and Adriana 0]

Mike,

It's quite likely that the I-130 will not go to the DoS but will be retained by the USCIS in anticipation that your wife will apply for a K3 visa and adjust status. There is anecdotal evidence developing - there's one new post on VJ just today - that the USCIS has indeed implemented such a policy that was announced last month.

Yodrak

Thanks, Yodrak. That's what I was afraid of...I have seen the post as well. On both I-130s, I did request a consular interview....but that may not matter any more. I guess we'll have to see what happens. If it turns out we can have a consular interview, then I'll deal with trying to get the interview done on the same day....at that time.

Mike

[Yodrak 7]

Mike,

Did you make an explicit request? If so, how?

Entering 'Bogota Columbia' in item 22 of the I-130 may very well not be considered to be a request to make a consular visa application by the USCIS.

Yodrak

Thanks, Yodrak. That's what I was afraid of...I have seen the post as well. On both I-130s, I did request a consular interview....but that may not matter any more. I guess we'll have to see what happens. If it turns out we can have a consular interview, then I'll deal with trying to get the interview done on the same day....at that time.

Mike

[Mike and Adriana 0]

Mike,

Did you make an explicit request? If so, how?

Entering 'Bogota Columbia' in item 22 of the I-130 may very well not be considered to be a request to make a consular visa application by the USCIS.

Yodrak

Yes, that is all I did. So we'll see what happens. I am already anticipating having to deal with AOS for my wife and step-daughter...and am reviewing the materials for that right now. It kind of burns me that I have to submit an EAD for my 9 year old step-daughter (and pay $180) just to get her a social security card. But you do what you have to do. IF the I-130 actually ends up going to Bogota, I'll be sure to post that information.

Mike

[Yodrak 7]

Mike,

Yes, you will have to get an EAD for you step-daughter to get her a social security card, but there's probably no urgent need for her to have a social security card.

I got my step-son an ITIN for tax purposes, and used the ITIN when necessary for other non-SSA purposes where a SS number is typically used, and waited until he became an LPR to get him a SS card.

Yodrak

..... It kind of burns me that I have to submit an EAD for my 9 year old step-daughter (and pay $180) just to get her a social security card. But you do what you have to do. IF the I-130 actually ends up going to Bogota, I'll be sure to post that information.

Mike

Edited November 29, 2006 by Yodrak

[gemcote 0]

This very same thing happened to me....the only difference is that the I-130 will likely process at the consulate before my I-129.

You can fax a "Request to Expedite" to USCIS. You will need to explain your situation and that you wish to have your step-daughters petition expedited so that they may process together. Make sure to advise them of your wife's NVC Case # as well as your step-daughters receipt number. If you call the service centre and explain why your sending a fax they should provide you with the number to the Texas office.

We filed my daughters petition 2 months after mine. Within 5 days of faxing request, her petition was approved.