Is it true you cannot file an I 129F if you have an approved I 130?

[riblet 0]

Sorry, I thought I had mentioned... there is a new USCIS policy that presumes that a K3 recipient will adjust status in the U.S. If a K3 recipient chooses to pursue a CR/IR1 they must now file an I824 and pay $200 to have the petition forwarded to the NVC.

Happy New Year!

[jazzy 0]

Sorry, I thought I had mentioned... there is a new USCIS policy that presumes that a K3 recipient will adjust status in the U.S. If a K3 recipient chooses to pursue a CR/IR1 they must now file an I824 and pay $200 to have the petition forwarded to the NVC.

Happy New Year!

Hi again,

Can you supply a link..I can find absolutely nothing about th 200 dollars anywhere on uscis or nvc sites. Since the petitioner has already filed a I-130, once that is approved the next step is that it is automatically forwarded to the nvc for processing....choice of agent, aos fee bill, aos(I-824), iv fee bill, ds-230...ect...its the petitioners choice whether or not to continue with cr-1 process....they didnt hold our cr-1 assuming our filing of k-3....they approved it and sent it to the nvc....i'ld really like to know about this 200 dollars.

Jazzy....Happy New Year

[riblet 0]

As I mentioned it's a new policy, so you weren't affected by it. It was implemented in October of this year.

Here's the press release: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

And here's a thread with some discussion of it: http://www.visajourney.com/forums/index.ph...6&hl=policy

And here's a link to form I-824 which has a $200 filing fee: http://www.uscis.gov/files/form/I-824.pdf

Unfortunately forwarding to the NVC is no longer automatic if there is an approved I129F. This is supposed to make USCIS more efficient (hopefully true!!

I still haven't added up all the fees so I still don't know which option makes more sense financially.

Hopefully this discussion is helpful to someone, as I've seen a lot of people lately who are confused by it... someone actually filed the I824 when they really wanted to just Adjust Status because they were confused by the language on the I130 NOA2. The I130 NOA2 for people who's petitions are being retained mentions filing the I824 for further action, and may not clearly explain the difference between pursuing consular processing or AOS.