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

[pushbrk 12,892]

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

Actually, it CAN HURT and is unlikely to help. Don't do it. Often, marrying the two petitions takes the first one out of its place in line and puts it back where the second one came in. If that happens in this case, it will hurt very much indeed. Free is not always a good thing.

[bobby299 1]

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

No, not personal checks, he said that he needs a money order for his attorney charges ($1500) plus a money order for $340 made payable to his firm, and another one for $40 for a software fee and processing/handling charges. He makes it seem like it is going to the government as a fee for filing the I129F

[bobby299 1]

It seems like the general consensus is that this is not in the best interest of me and my wife. This is why I turned to the forum here for advice, because any lawyer you ask will tell you have to take the most expensive route. Thank you all for your help, I will notify them that I am not going to proceed with this I129F.

[pushbrk 12,892]

This is a $1,500 attorney fee plus a government filing fee for the I-129F. However, there is no fee for filing an I-129F for a spouse, when an I-130 has already been filed for that spouse. Your attorney doesn't understand how the I-129F for spouse works. Don't pay another dime. Don't file an I-129F at this time.

[Darnell 8,478]

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

hurt, here,

means

the I-130 for the OP, filed in June 2013,

will be yanked out of it's position in the queue for adjudication,

and the I-130 and the new I-129F put at the end of the queue for adjudication.

I challenge you to refactor your use of the word 'hurt', when you have some free time.

This, to the OP, would be a huge amount of hurt, since time and timing of the adjudication is his primary concern, at the moment.

[Jeremy12095 8]

The whole K3 visa is useless honestly. Before you would file the I-130 and submit documentation once you have the receipt notice then you would simply file the K3 information with a copy of the I-130 receipt notice and there would be no fee. However my I-130 was approved and my K3 was canceled, even though I filed the K3 as soon as I got the I-130 receipt notice. The only bad part is the K3 visa is not a green card, it is a non immigrant visa which means you will need to pay a lot more money for the adjustment of status once the I-130 is approved and its a lot more bull to go through. Just be patient it took me 10 months before my interview.

[Hotter Otter 1,211]

Also- those saying it won't hurt and is free... if his attorney is charging him for filing it then it is going to cost him money.

[*Snowdrop* 604]

This is a $1,500 attorney fee plus a government filing fee for the I-129F. However, there is no fee for filing an I-129F for a spouse, when an I-130 has already been filed for that spouse. Your attorney doesn't understand how the I-129F for spouse works. Don't pay another dime. Don't file an I-129F at this time.

Hmmm as they have asked for money orders to all be payable to the firm and not for the filing fee to be payable to USCIS, it wouldn't surprise me if they know EXACTLY how the I-129F works in this case.

That's nearly $2000 all for the firm for doing something which is not going to make a noticeable difference to the processing time and possibly may even slow things down.

Plus then they get the business for the AOS once in the U.S.

Do not file the I-129F through this firm. They are at best ignorant of the process and at worst are trying to make some quick money off you.

Like others I would recommend not doing the K3 and continue on the path you are. However if you really want to do it I would suggest doing it with another lawyer or on your own if you feel confident.

[lee&jeniebee 23]

Knowing USCIS they may cancel your I-130 and you will be waiting another 5 to 6 months for the I-129F, I wouldn't do it.. Just stay with the I-130. Darnell had a good idea, that may help? I am not a lawyer nor am I an expert. Sounds like your lawyer isn't either...

[Lottry 14]

hurt, here,

means

the I-130 for the OP, filed in June 2013,

will be yanked out of it's position in the queue for adjudication,

and the I-130 and the new I-129F put at the end of the queue for adjudication.

I challenge you to refactor your use of the word 'hurt', when you have some free time.

This, to the OP, would be a huge amount of hurt, since time and timing of the adjudication is his primary concern, at the moment.

well I am talking regarding my case,,,it did not hurt me and they did not move my case to end of the line!!!I field june and 2 weeks later my I 129 filed to a different service center,,,I got a letter for both of them transfered to NSC at same time,,the I130 and I129 go to different places,,and the USCIS tells you if any one got approved first will cancell the other,,if this will cause a problem USCIS would not have offered it from the first place.

[Avery Cates 1,141]

No, not personal checks, he said that he needs a money order for his attorney charges ($1500) plus a money order for $340 made payable to his firm, and another one for $40 for a software fee and processing/handling charges. He makes it seem like it is going to the government as a fee for filing the I129F

I would never speak to that attorney again.

$1500 for filing a paper? $340, if there even was a fee, should be made payable to DHS, not his firm. Software fee? What?

Boy was he looking to make out like a champion from you.

[mtlguy 59]

lawyers and used-car salesmen are the same specie. both can't be trusted. period.

[christeen 966]

OP... You are near the end, don't disrupt the process as it COULD day you further... Filing for the K3 right after the I130 would make sense, but months after, spells trouble. I would also be wary of what he lawyer is selling, either ignorant or a shyster...

[pushbrk 12,892]

well I am talking regarding my case,,,it did not hurt me and they did not move my case to end of the line!!!I field june and 2 weeks later my I 129 filed to a different service center,,,I got a letter for both of them transfered to NSC at same time,,the I130 and I129 go to different places,,and the USCIS tells you if any one got approved first will cancell the other,,if this will cause a problem USCIS would not have offered it from the first place.

Copious experience tells me otherwise. The I-130 is NEVER cancelled because of an I-129F approval, REALLY. NEVER.

[NikLR 13,227]

well I am talking regarding my case,,,it did not hurt me and they did not move my case to end of the line!!!I field june and 2 weeks later my I 129 filed to a different service center,,,I got a letter for both of them transfered to NSC at same time,,the I130 and I129 go to different places,,and the USCIS tells you if any one got approved first will cancell the other,,if this will cause a problem USCIS would not have offered it from the first place.

the I-130 would never be cancelled. It's needed for the spousal visa.

The USCIS offers the potential for a K3 because of the Life Act that created the K3 in the first place. But policy by both the USCIS and the NVC make the K3 available 0.33% of the time. That's less than 1%. The USCIS adjudicate them together, send both to the NVC, whereas the NVC then closes the I-129F.