If I-130 get approved does approved K3 gets cancelled

[adk0290 0]

If I-130 get approved does approved K3 gets cancelled

Service center told me that k3 cannot be continued if I130 gets approved.

Guys heres i my problem....

My I130 and 129F got approved same day by VSC..

But my I130 has an error saying that I have indicated my spouse is in USA. and i could apply for AOS.

But my spouse is not in USA. She is still in India.

Here is my mistake ....

In Q22 in I130form where it say "complete the information below if your relative is in US and will apply for AOS".

My answer was N/A for AOS and also my answer was N/A N/A for visa abroad at the American post also.

cause i thought Q22 was only applies if spouse was in USA

I called service center ...

The rep told me to apply I-824 and USCIS will forward my case to NVC ( but this takes 2-3 months) !!!!damn

And rep also said that I cannot pursue k3 since my I130 is approved.(surprise surprise!!!!!!!!)

Help me if anyone had this issue ...HELPPPPPPPPPPPPPPPP!!!!!!!!!!!!!111 :help:

[riblet 0]

That's what you get for calling the misinformation line - sorry, but they are so wrong sometimes!

What they told you is only partially true.

Regarding not being able to pursue the K3 is untrue. The new policy specifically contemplates having both petitions approved and entering the U.S. on the K3.

The new policy is also the reason your I130 NOA2 assumes that your spouse will Adjust Status after entering on K3.

I really hope the part about the I824 taking a few months is not true.

This person you spoke to totally contradicts themselves -- how could it be assumed that you will not be pursuing consular processing of I130, and that you couldn't pursue K3 to adjust status. If that was so, then the only way you could enter would be by filing the I824. It just doesn't make sense.

Really, you just need to decide whether it is worth paying $200 to file the I824 if you have an approved K3. In fact, try calling NVC on Monday morning to see if your K3 has already arrived, or even been processed through the NVC.

Good luck.

[Reba 2]

If the I-130 package makes it to the consulate before the I-129F package, then yes, the K3 gets cancelled. However, since the process for the I-130 takes so much longer than the process for K3, that scenario is not likely to happen. At this point, you can pursue both options, or just one, take your pick. IIRC, India is not incredibly fast in getting interviews out for either of them, so you've got a few months wait yet anyhow.

[adk0290 0]

Thanks riblet and reba.

Yes NVC has already mailed K3 papers to the indian consulate(mumbai) . I did call them up and i also received letter from NVC.

[Yodrak 7]

adk0290,

Have you heard anything from the NVC yet with regard to either petition? You'll know better what your situation is when you do.

From what you know at this point it seems likely that the USCIS will send the I-129f petition through and hold the I-130 petition. If your primary objective is to get your spouse to the USA as fast as possible, that's just exactly what you want to happen.

Yodrak

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My I130 and 129F got approved same day by VSC..

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