I-130/1-129F HELP!!!

[bobby299 1]

I have a bit of a situation on my hands here. I filed my I-130 case last June, and nothing happened for about 7 months. Last Tuesday, 1/21 I spoke with my lawyer about some health issues that my wife is having. He said that we should file an I-129F and have it go through much faster than the I-130. On 1/22 (the next day) my I-130 case was transferred to the California Service Center.

I spoke to my lawyer today and he says that we should still file the I-129F since my wife's medical issues will easily grant her that type of a visa faster (according to him). Does anyone think that there is a chance the I-129F is a faster method given the current status of my I-130 case? I am getting really confused here and am not sure if it is worth the extra money to file a whole new application unless the general consensus is that it will get my wife here faster. Any info is appreciated guys!

[Okay 5]

My husband and I filed I129F 2 weeks ago. It is free of charge. You only need the marriage certificate, the U.S. citizen`s birth certificate and the NO1 of the I-130 filed.

The I-129 F is then sent by USCIS to the Service Centre where your I-130 is pending. In my opinion, you have nothing to lose.

[NikLR 13,227]

The K3 is not faster than the CR1 and has about a 0.33% chance of actually being granted. The I-129F is normally closed by the NVC when the I-130 reaches them at the same time or before the I-129F

[festamati89 40]

The K3 is not faster than the CR1 and has about a 0.33% chance of actually being granted. The I-129F is normally closed by the NVC when the I-130 reaches them at the same time or before the I-129F

i agree if you were transfered already youll get approved dont waste time or hope

[Darnell 8,478]

i suggest something else -

engage an Immigration Liason Staffer Human at yer congressman's office,

and have that ILS human :

1. make an inquiry for place in adjudication queue then later

2. press for adjudication since it's outside the USCIS guidelines.

[administrivia]

please edit yer timeline again, you show an approval date of 2014-01-22.

Edited January 28, 2014 by Darnell

[nightingalejules 678]

At this point, there's no real possibility that the i129 will go through before your approval. You're probably pretty close to approval (within 2 months from now). The i129 supposedly has a 5 month processing time, but that would start from when they accept it, (ie: a couple of weeks from now). You will have been approved on the i-130 by the time they even got your i129 near the top of the stack.

[bobby299 1]

My husband and I filed I129F 2 weeks ago. It is free of charge. You only need the marriage certificate, the U.S. citizen`s birth certificate and the NO1 of the I-130 filed.

The I-129 F is then sent by USCIS to the Service Centre where your I-130 is pending. In my opinion, you have nothing to lose.

That's weird because my lawyer's office claims that there is a filing fee of $340 for the I129F...are you sure that there is no charge?

[belinda63 3,038]

That is for filing for the fiance visa. If I were you I would let the petition as it is. You are close to approval and it could slow your case down while they try to match the I-129 to the I-130. It will no speed it up as you are almost at the end of waiting.

What the attorney wants if for you to pay him to file the forms then pay him again when your wife gets here on a K-3 (which would most likely not happen as it would go through as a CR-1) and then pay him to file all the paperwork for her to adjust status. Not only will it cost you more in attorney's fees but it will cost you more in the end since a K-3 visa does not grant the green card.

[Lakehouse 293]

Yeah, your lawyer is soooo wrong, there is no fee. But the other posters are right that since you're now already transferred to the California service center, there is nothing the I-129F will do to benefit your situation.

The only thing that might work for you now is to put in for an expedite on the grounds you stated, if they meet criteria. Search the site here for more info on putting forth an expedite request, or else others here could chime in with better information on that.

[NikLR 13,227]

There is no fee to file the I-129f with the I-130.

Fire your lawyer in my opinion.

Edited January 29, 2014 by NLR

[Ketsuban 1,034]

I'm getting annoyed seeing these so-called immigration lawyers advising people incorrectly. Are all lawyers like this, including defence lawyers on murder trials? Scary.

[Avery Cates 1,141]

That's weird because my lawyer's office claims that there is a filing fee of $340 for the I129F...are you sure that there is no charge?

Did he want you to write him a personal check to the $340, with the assurance it would go to DHS through him?

[pushbrk 12,881]

My husband and I filed I129F 2 weeks ago. It is free of charge. You only need the marriage certificate, the U.S. citizen`s birth certificate and the NO1 of the I-130 filed.

The I-129 F is then sent by USCIS to the Service Centre where your I-130 is pending. In my opinion, you have nothing to lose.

This is not correct. First, the I-129F following the I-130 must be able to stand alone, so requires all the same supporting documentation the I-130 required.

The OP's attorney is wrong. What will most likely happen is that the I-130 will be approved BEFORE the I-129F and probably very soon. However, if that doesn't happen, the I-129 will be joined with the I-130 and approved together, then killed once it gets to NVC. Joining the petitions has been the norm since 2006 and killing the I-129F when both petitions arrive at NVC has been the norm since 2/1/2010. The K3 visa process stopped saving more than a few weeks between I-130 filing and visa interview, back in November, 2006. (My wife arrived on the K3 in August, 2006, back when it saved a few months in most cases.)

Sounds like your attorney is trying to both stop your complaining by offering a solution that won't help you at all and may actually delay your case AND justifying more legal fees.

Don't file an I-129F this late in the game. I recently recommended an I-129F for spouse to be filed jointly rather than following the I-130 but this was a case where the USC lives abroad and plans to continue a job abroad for another couple years. For this, the K3 visa is perfect, in that it allows multiple US entries during the time the couple is residing abroad. I recommended a special letter explaining the circumstances and the lack of desire to immigrate immediately, with a request that they hold approval of the I-130 instead of approving the petitions together. It's worth a try but I don't know of any prior success in doing this.

Edited January 29, 2014 by pushbrk

[Hotter Otter 1,211]

From what I've seen on here when people have filed a I-129 all USCIS seem to do is marry it up to the I-130. Maybe your lawyer wants more work so you have to pay him more.

On a positive note you are at CSC, our approval came just two weeks after transfer there and it seems to be faster than TSC and NSC so fingers crossed you'll get the approval soon :-)

[Lottry 14]

Is not going to hurt, it is free,,, I sent my i130 on June. And sent my i129 two weeks later, still waiting ..... they both transferred at same time and both pending!!!!!! Good luck