Approved I-130 Recieved says my beneficiary is in the US!!!!!

[Tony & Olga 0]

Cutie,

I think Ausie is right about the new procedures in place now with USCIS combining services and locations.

But I am more concerned with NVC receiving my K3 Approval at the moment. Maybe I am impatient but my K3 was approved on November 15th and touched again on the 16th and I called this morning and they do not have it as of yet. I know they say allow several weeks for this part of the process, but it seems like everyone else's time lines show about 2-5 days for NVC to receive them. Then, they are sent out to the Embassies 1-3 days later (generally)!

So my question is, with this new change in policy with USCIS, is this causing a bottle neck at NVC? I guess time will tell.

[riblet 0]

Hopefully it would cause the REVERSE of a bottle neck at the NVC since a lot less cases will be being sent there for the time being, if the USCIS is following its policy

I know I've seen a lot of people take longer than a week - especially since last week was Thanksgiving. Hopefully you'll hear something soon!

Cutie,

I think Ausie is right about the new procedures in place now with USCIS combining services and locations.

But I am more concerned with NVC receiving my K3 Approval at the moment. Maybe I am impatient but my K3 was approved on November 15th and touched again on the 16th and I called this morning and they do not have it as of yet. I know they say allow several weeks for this part of the process, but it seems like everyone else's time lines show about 2-5 days for NVC to receive them. Then, they are sent out to the Embassies 1-3 days later (generally)!

So my question is, with this new change in policy with USCIS, is this causing a bottle neck at NVC? I guess time will tell.

[CutienPurg 0]

Cutie,

I think Ausie is right about the new procedures in place now with USCIS combining services and locations.

But I am more concerned with NVC receiving my K3 Approval at the moment. Maybe I am impatient but my K3 was approved on November 15th and touched again on the 16th and I called this morning and they do not have it as of yet. I know they say allow several weeks for this part of the process, but it seems like everyone else's time lines show about 2-5 days for NVC to receive them. Then, they are sent out to the Embassies 1-3 days later (generally)!

So my question is, with this new change in policy with USCIS, is this causing a bottle neck at NVC? I guess time will tell.

Trust me , I would never EVER be foolish enough to disagree with Aussie on any issue regarding immigration. So,if that was the impression I left , my apologies. What I suggested was , the timeframe the press release gave for implementation of their new policy did not coincide with what was stated on our NOA2 and the typicalness in the variation of information provided by these agencies.

As for the NVC having info on your I-129 F petition, it is my understanding that the petition doesn't "hang around" the NVC long enough for them to log it into the system. So, more than likely you're destined to wait until they contact you via letter to inform you they have received your petition and are forwarding it on to the embassy. In our case , we waited 2 weeks before receiving the letter(October 3-October 18).

best of luck to you

[aussiewench 9]

Trust me , I would never EVER be foolish enough to disagree with Aussie on any issue regarding immigration.

Gosh, I would lol I'm not a lawyer and I am definately not up on all the processes when it comes to immigration. I'm still learning new things all the time.

[CutienPurg 0]

Well as much as I respect your humility, I respect your grasp on the process even more. I think everyone here would agree that this board would be lacking greatly without your input and guidance. Far be it from me to appear as a shameless rump-kisser here but I'm a firm believer that when a person's efforts are appreciated and respected , those efforts should be acknowledged. The information you provide to us here far surpasses anything I could possibly retain , let alone keep sorted enough to have it make sense.

So Aussie, accept the compliment along with my appreciation and gratitude

[riblet 0]

Hear Hear! Maybe you're not all-knowing, but your close enough for me

[nyseness 0]

Hear Hear! Maybe you're not all-knowing, but your close enough for me

I also agree Aussie

[Captain Oates 910]

Oh jeez - just when I thought I knew what was going to happen, I came across all this stuff !

the last to hear eh ?

Well I left question 22 on the 130 totally blank as it said

'22. Complete the information below if your relative is in the United States and will apply for adjustment of status.'

as we are both in the UK, I thought that was best

I know the UK consulate wont take DCF for us as we have been here only since October 2006

Are we likely to be asked to file this form and pay this fee ? We just filed the 130 thats all... no k3

more delays and expense ?

how confusing !

alan

[dougyceci 0]

I remember when first coming to this site, I read never leave anything blank or write N/A. On my petition I wrote never been here or always something to indicate a definitive answer. With the changes that are taking place one should really be aware to do this. My other comment is this. I only filed the I-130. I did not follow-up with the I-129F. Just felt the extra time at NVC was worth any delay in exchange for being done with the process and not dealing with the possibility of any mishaps on my part or theirs. My choice and so far has worked out fine. I guess my point is we sit here and complain about the waits, the mistakes and all that goes on in the process. Yet we continue to play the game. To cut the time down we file two petitions, doubling the work for USCIS. As they strive to become more efficient, not defending or saying they are, it seems it is catching up with the dual petition scenario. I guess maybe one should decide on either the K-3 or Cr-1 if married, not both. Maybe the approval time would decrease with less petitions. Maybe not. It seems we may victims of our own choices here.

Now Andrea, I hope to God this all works out for you. I wish I could give you some advice but really do not know what you can do but am sure somebody here has been through it as well. Good luck.

[Captain Oates 910]

I remember when first coming to this site, I read never leave anything blank or write N/A. On my petition I wrote never been here or always something to indicate a definitive answer. With the changes that are taking place one should really be aware to do this. My other comment is this. I only filed the I-130. I did not follow-up with the I-129F. Just felt the extra time at NVC was worth any delay in exchange for being done with the process and not dealing with the possibility of any mishaps on my part or theirs. My choice and so far has worked out fine. I guess my point is we sit here and complain about the waits, the mistakes and all that goes on in the process. Yet we continue to play the game. To cut the time down we file two petitions, doubling the work for USCIS. As they strive to become more efficient, not defending or saying they are, it seems it is catching up with the dual petition scenario. I guess maybe one should decide on either the K-3 or Cr-1 if married, not both. Maybe the approval time would decrease with less petitions. Maybe not. It seems we may victims of our own choices here.

Now Andrea, I hope to God this all works out for you. I wish I could give you some advice but really do not know what you can do but am sure somebody here has been through it as well. Good luck.

I have never seen that advice 'never leave a blank or n/a' but by golly it sounds so right...

As soon as we get NOA1, I could write to them and ask them to take into account that neither of us will be in the USA at any stage before the visa is issued and the petition should be automatically forwarded to NVC on approval ..

anyone think there is the slightest chance that they will take any notice and attach it to the file ?

alan

[CutienPurg 0]

Seems to me that wont be necessary. You petitioned for a CR-1 not a k-3 so there's no reason for the USCIS to assume your wife will AOS in the US and therefor retain your petition. Considering you did not direct them as to what embassy you would like to handle your file , I think the NVC will make that determination and forward it accordingly.

[Captain Oates 910]

Seems to me that wont be necessary. You petitioned for a CR-1 not a k-3 so there's no reason for the USCIS to assume your wife will AOS in the US and therefor retain your petition. Considering you did not direct them as to what embassy you would like to handle your file , I think the NVC will make that determination and forward it accordingly.

Thanks for that reassurance... I keep thinking I have it all understood then I hit a new scare ! I guess the form hasnt really get up with the new requirement - and I agree that it will be better for everyone in the long run if it cuts down work...

They just need a new question on the I-130 which says

- 'does the beneficiary intend to adjust status in the USA or apply for an immigrant visa in the beneficiaries country of residence ' it would save cutting down a lot of trees and a lot of wasted time and money.

civil servants eh ?

[CutienPurg 0]

Yeah I agree............the forms are so often unclear and not always pertinent to the associated petition ( the I-134 is a classic example). They leave quite a bit of room for the " did they mean this or did they mean that" question. The more recent issue with I-130 approval notices stating something to the affect that " unless you clearly indicate you intend to apply for an Immigrant Visa overseas..........." yet allow no place where one can CLEARLY indicate such a desire, is another example.

I dunno , I guess for now it is what it is and thankfully we have resources such as this forum to guide us through the confusion.

[Captain Oates 910]

jeepers the fright goes on - last week i submitted the I-130 which says Expires 11/30/07 at the top and at the bottom 12/4/06 which i reckon is the issue date - i got the form from the USCIS website a few days earlier.

Now , as you say, there is a new version with 1/5/07 at the bottom (issue date) but the same expiry date at the top '11/30/07'

Looking on the USCIS website it does say 'prior versions are acceptable' so I guess I am ok with the older form (one week older !)

but it's a fright a day at the moment and new regulations coming out all the time - good job I am retired and can make this my full time occupation - I really feel for the majority of people who were not involved in admin as their occupation and who have to try and fit all this into their busy lives

As soon as I get my I-130 NOA 1 reference number, I will write to them with a copy of the NOA 1, and keep it short and get the message home that we are in the UK and want the petition to be forwarded to the NVC and then London for the visa issuance..

I know the chances of them attaching the letter to the file and then reading it before sending the eventual approved petition to the USCIS store are tiny - but it will only cost me a stamp and make me feel better... bit like buying a premium bond

alan

Edited January 14, 2007 by saywhat

[CutienPurg 0]

Alan, Alan, Alan,

Did you read what I typed?

Let's think of it this way..........

Ask yourself why they would send your approved I-130 petition to the NRC and not forward it the embassy. All the testimonials we've seen so far suggest the USCIS is assuming, based on a previously approved I-129F (k-3) petition, the beneficiary ( who again is assumably in the US on the k-3)will Adjust Status in the US and therefor are retaining the petitions. You however, did not file for a k-3 and therefor do not have a previously approved I-129F petition to confuse the USCIS. Since your wife can not be in the US until her CR-1 is approved, where else would it be adjudicated if not in the UK?

When I completed my husbands I-130 I did not indicate the embassy on line 22 that would process our petition. Upon its approval at the USCIS, it was forwarded to the NVC and they made the determination as to which consulate would handle the interview, assumably based on my husband's address in Canada.

Im stressing the point of it being unnecessary for you to send a letter to the USCIS because I'd hate to see your sending the letter cause any confusion at that level( they're confused enough already) and lead to delays.

I truly hope I'm making enough sense for you to understand what I'm trying to tell you so you can breathe a bit more easily.