[New Member] Just Married; Filed I-130 and I-129F, but is being doubtful.

[teanet 20]

Hello VisaJourney!

I am Jae, I am Filipino, and I'm a new member here. My husband (USC) and I got married in December 2013, but my husband returned to the US just 50 days after our wedding. Two months later, we received our NSO-issued copy of our marriage certificate. As soon as I received this, I mailed a copy of this, bank certificate of our joint savings account, statement of bank account, passport-sized ID photos to my husband right away. Likewise, as soon as I he got the documents, he gathered and completed all requirements, and sent the I-130 packet to the USCIS Phoenix Lockbox facility on 20 February. Four business days later (26 February), he received I-797C (NOA1) by mail, and immediately arranged the I-129F packet in the hopes of applying for a K-3 visa. He sent the packet to the USCIS Dallas Lockbox facility on 03 March.

I joined this community on the same day he sent the I-129F, and from reading most threads re: I-130 and I-129F, it looks like the K-3 visa route is not advisable. I discussed this with my husband, but he insisted that we wait for the NOA2 for I-130 or NOA1 for I-129F before we decided on which route to take. In my understanding, there's a greater chance that I-130 and I-129F will move about the same time, and that I-129F will be disregarded/cancelled if I-130 gets approved first. If this happens, K-3 visa application is no longer necessary, and that we will eventually take the CR-1 visa route via I-130.

I have a couple of questions though:

1. Is there a possibility that our case be expedited simply because my husband is in the US Army? Or is it only applicable if he has a mission order and/or is due to leave for deployment?

2. Is it true that a spouse of a USC no longer have to wait for VISA number because this is automatically given/provided when applying for VISA? I might have read this from USCIS, but I'm not so certain if this holds true.

3. Where do I obtain CFO certificate here in Manila?

4. Is it possible for me to travel in my passport bearing my maiden name or would you advise that I have this renewed even if I had renewed just last year (April 2013)?

Thank you, and I look forward to your response.

Jae

I was told bu IO to always submit his military orders with every package. We did and my case is moving pretty quickly.

[Gorjaeous 8]

They will not expedite simply because he is in the military, but there is a USCIS military hotline that you can utilize, if and when you need to contact USCIS. If he has deployment orders, you can use that to expedite your case by presenting the orders or providing a letter from the commanding officer that has information about the upcoming deployment. I was able to expedite my AOS that way. Hopefully your process will be quick. Goodluck!

Hello, Messybrownhair! That's what I thought, too. I don't think my husband plans on going in active service again, especially since he very much looks forward to my arrival there.

Off-topic: Are you Filipina? Or were you just based in the Philippines with your family? I'm a bit confused that you're coming from the Philippines.

Cheers,

Jae

[Gorjaeous 8]

You can get your US passport renewed for free if it is less than one year since you got the last one and you have a name change. I would jump on that! http://travel.state.gov/content/passports/english/passports/services/correction.html

Thanks, Harmon-y! I didn't know I can have my passport renewed for free if it's less than a year since I had it renewed. If memory serves me right, I had renewed on 16 April 2013. I might have to check, and do it sooner.

Cheers,

Jae

[David & Diana R 1,005]

On a side note, I am currently employed, and my husband highly discourages me from quitting just yet. Say my petition has been approved, and is for transfer to NVC, do you think resigning from work two months prior to my actual flight is enough to get things done (i.e., appointment with the US Embassy, medical examinations, CFO certification, passport renewal)?

Cheers,

Jae

I think your husband is wise. If you quit your job now you will spend many hours alone just thinking about where your paperwork is. Work fills some time and in the end I believe it makes the time go by faster. My wife attended school until the day before I came to pick her up in Cebu. This kept her busy helping her pass the time. Plus she got even wiser along the way taking ESL courses. As a result she has already completed a college level course here and has taken the state CNA exam and passed! She already has a professional job here and is doing very well. P.S. Would you be so kind to increase the size of your font? Us older folks have a difficult time reading the small type.

Mahalo

[VadnVince 24]

CHANGE your name on your passport NOW. As stated above, it is easier to do while you're still at home. It can help avoid complications when you travel and you won't have to show your certificate to anyone as you travel and go through customs. When you apply for your I-30, make reservations for any travel, you'll be using your married name. All documents must match, especially the passport, because it's your legal identication, not a marriage certificate.

[Messybrownhair 251]

Thanks, Harmon-y! I didn't know I can have my passport renewed for free if it's less than a year since I had it renewed. If memory serves me right, I had renewed on 16 April 2013. I might have to check, and do it sooner.

Cheers,

Jae

Lol yeah, I'm half. Pinay mom, Swedish dad but born and raised in Manila. My hubby is in the national guard. Btw there is FB group for military spouses called "Pinay military wives, fiancées and girlfriends." Join us

[Mafia_girl 1]

1 all cases are handled the same regardless if the petitioner is in military or just a regular citizen.. my husband was in navy too when we met but we didnt ask for the navy help as they may just make the process slower...

2 all applicants has to undergo the same criminal background check and formalities and your visa will be given to you once you have given the USCIS/embassy their complete requirement.

3 - follow this link... www.cfo.gov.ph

4 - you can travel with your phils passport using your middle name to the US as long as you have your CR1 visa attached to it... If your passport is about to expire soon, then i suggest you renew it the moment you receive your US visa and then you can use your husband's name on the new passport upon submission of your marriage certificate..

hope it helps and welcome to VJ

regards

[Gorjaeous 8]

Lol yeah, I'm half. Pinay mom, Swedish dad but born and raised in Manila. My hubby is in the national guard. Btw there is FB group for military spouses called "Pinay military wives, fiancées and girlfriends." Join us

Good genes. Aww, we don't have Facebook accounts, so I won't be able to join. Thanks, anyway!

On a side note, I am currently employed, and my husband highly discourages me from quitting just yet. Say my petition has been approved, and is for transfer to NVC, do you think resigning from work two months prior to my actual flight is enough to get things done (i.e., appointment with the US Embassy, medical examinations, CFO certification, passport renewal)?

Cheers,

Jae

I think your husband is wise. If you quit your job now you will spend many hours alone just thinking about where your paperwork is. Work fills some time and in the end I believe it makes the time go by faster. My wife attended school until the day before I came to pick her up in Cebu. This kept her busy helping her pass the time. Plus she got even wiser along the way taking ESL courses. As a result she has already completed a college level course here and has taken the state CNA exam and passed! She already has a professional job here and is doing very well. P.S. Would you be so kind to increase the size of your font? Us older folks have a difficult time reading the small type.

Mahalo

Exactly my husband's point. I tend to worry so much about things, so it is really advisable that I am always preoccupied. Thanks, and sorry for the tiny font size earlier! I've gotten used to that size elsewhere. Anyway, I hope this one's fine now. Thanks, David & Zoila!

CHANGE your name on your passport NOW. As stated above, it is easier to do while you're still at home. It can help avoid complications when you travel and you won't have to show your certificate to anyone as you travel and go through customs. When you apply for your I-30, make reservations for any travel, you'll be using your married name. All documents must match, especially the passport, because it's your legal identication, not a marriage certificate.

Yes, thank you, VadnVince, I am convinced that I need to have my passport renewed to bear my married name soon. But first, I have to accomplish the CFO certificate in order to do so.

1 all cases are handled the same regardless if the petitioner is in military or just a regular citizen.. my husband was in navy too when we met but we didnt ask for the navy help as they may just make the process slower...

2 all applicants has to undergo the same criminal background check and formalities and your visa will be given to you once you have given the USCIS/embassy their complete requirement.

3 - follow this link... www.cfo.gov.ph

4 - you can travel with your phils passport using your middle name to the US as long as you have your CR1 visa attached to it... If your passport is about to expire soon, then i suggest you renew it the moment you receive your US visa and then you can use your husband's name on the new passport upon submission of your marriage certificate..

hope it helps and welcome to VJ

regards

Thanks for the response, Mafia_girl!

[Homer Simpson 7]

from what you said I understood that you applied through 2 way,

first as married, (I-130)

second as engaged (K Visa)

you have to understand that this wasn't a smart move at all.

when you apply for K visa, they ask you in the application if you are already married or have children, but actually you are already married and created an I-130 file on the other side although you applied to a different lock box but you have to understand that the immigration system is connected and even if it wasn't, it will immediately ring a bell when your husband uses his US document with the same numbers and info for the second application, and it will show that he applied for you on the other side.

you have to understand that what your are doing is conning the system and is considered fraud by the USCIS aside from creating backlog and clogging the processing system and taking the time of other people that need to get their cases processed too.

I advise you that your husband withdraws the K application and reasons that with the immigration by saying that he didn't mean it and applied at a time of confusion without a legal consultation, and since you are married (legitimately) you have to go through that way as it is better for you and the system so far, although that I think the damage had been done already since they started processing the files and it had been a couple of months so far.

you though that you are opening chances for you to get your case faster (like all people here and that's normal) , but actually you paid the fees twice, and will lose one of them if you withdraw since it is non refundable and you may have damaged your application by adding suspicion. If suspicion is present at the USCIS or the Visa Center it will cause either one of the following;

it may cause the denial of your application, or it may cause more (RFE) i,e request for evidence which can delay your processing time and results in a detailed or long interview during the process of your file and as a result more struggle to convince the visa center and the embassy interviewer.

Good luck and hope you get through fast and easy. take care and act fast to fix this issue.

[Gorjaeous 8]

from what you said I understood that you applied through 2 way,

first as married, (I-130)

second as engaged (K Visa)

you have to understand that this wasn't a smart move at all.

when you apply for K visa, they ask you in the application if you are already married or have children, but actually you are already married and created an I-130 file on the other side although you applied to a different lock box but you have to understand that the immigration system is connected and even if it wasn't, it will immediately ring a bell when your husband uses his US document with the same numbers and info for the second application, and it will show that he applied for you on the other side.

you have to understand that what your are doing is conning the system and is considered fraud by the USCIS aside from creating backlog and clogging the processing system and taking the time of other people that need to get their cases processed too.

I advise you that your husband withdraws the K application and reasons that with the immigration by saying that he didn't mean it and applied at a time of confusion without a legal consultation, and since you are married (legitimately) you have to go through that way as it is better for you and the system so far, although that I think the damage had been done already since they started processing the files and it had been a couple of months so far.

you though that you are opening chances for you to get your case faster (like all people here and that's normal) , but actually you paid the fees twice, and will lose one of them if you withdraw since it is non refundable and you may have damaged your application by adding suspicion. If suspicion is present at the USCIS or the Visa Center it will cause either one of the following;

it may cause the denial of your application, or it may cause more (RFE) i,e request for evidence which can delay your processing time and results in a detailed or long interview during the process of your file and as a result more struggle to convince the visa center and the embassy interviewer.

Good luck and hope you get through fast and easy. take care and act fast to fix this issue.

Hi, Homer Simpson. Thank you for response. I appreciate your concern, but actions taken were actually advised by the USCIS when my husband called them. From what I've read here, I don't think we're an isolated case who have filed for both the I-130 and I-129F (two weeks apart). Also, if I may add, we did not pay any fee for filing of I-129F as stated in the USCIS website, but I will take your advice re: withdrawal of I-129F. I will discuss this with my husband. Thank you.

Filing Fee

$340. (There is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen.)

Edited March 7, 2014 by Gorjaeous

[Homer Simpson 7]

good luck, salamat

Edited March 7, 2014 by Homer Simpson

[Jay HisWife Newby 1]

Well im not sure about if theyd expedite because hes in the military...But i did my i130 then my i129f for my husband and our i129f made it all the way to the US Embassy in his country before i130. And when he went to the interview he was told they couldnt process his i129f petition because our i130 reached NVC stage. Although no case # was assigned. I called NVC they next morning and they said they received a request from the US Embassy to expedite our i130 case!!! 2 weeks from original interview we were approved nd visa in hand couple days later! What im trying to say is sometimes filing for both the i130 & i129f isnt a bad thing it can actually bump it up! If it weren for the i129f i would've had to wait another 2-3 or so to pass NVC stage and for them to schedule an interview!!! Dont worry about it! Good luck on the rest of your journey!!!

Edited March 7, 2014 by Jay HisWife Newby

[Jay HisWife Newby 1]

from what you said I understood that you applied through 2 way,

first as married, (I-130)

second as engaged (K Visa)

you have to understand that this wasn't a smart move at all.

when you apply for K visa, they ask you in the application if you are already married or have children, but actually you are already married and created an I-130 file on the other side although you applied to a different lock box but you have to understand that the immigration system is connected and even if it wasn't, it will immediately ring a bell when your husband uses his US document with the same numbers and info for the second application, and it will show that he applied for you on the other side.

you have to understand that what your are doing is conning the system and is considered fraud by the USCIS aside from creating backlog and clogging the processing system and taking the time of other people that need to get their cases processed too.

I advise you that your husband withdraws the K application and reasons that with the immigration by saying that he didn't mean it and applied at a time of confusion without a legal consultation, and since you are married (legitimately) you have to go through that way as it is better for you and the system so far, although that I think the damage had been done already since they started processing the files and it had been a couple of months so far.

you though that you are opening chances for you to get your case faster (like all people here and that's normal) , but actually you paid the fees twice, and will lose one of them if you withdraw since it is non refundable and you may have damaged your application by adding suspicion. If suspicion is present at the USCIS or the Visa Center it will cause either one of the following;

it may cause the denial of your application, or it may cause more (RFE) i,e request for evidence which can delay your processing time and results in a detailed or long interview during the process of your file and as a result more struggle to convince the visa center and the embassy interviewer.

Good luck and hope you get through fast and easy. take care and act fast to fix this issue.

I think shes referring to filing i129f for a K3 visa not a K1 fiance visa. Theres no form of conning in that...Also no fee required. Only requirement is to have filed the i130 petition before filing for i129f K3 visa.

[Lakehouse 293]

from what you said I understood that you applied through 2 way,

first as married, (I-130)

second as engaged (K Visa)

you have to understand that this wasn't a smart move at all.

when you apply for K visa, they ask you in the application if you are already married or have children, but actually you are already married and created an I-130 file on the other side although you applied to a different lock box but you have to understand that the immigration system is connected and even if it wasn't, it will immediately ring a bell when your husband uses his US document with the same numbers and info for the second application, and it will show that he applied for you on the other side.

you have to understand that what your are doing is conning the system and is considered fraud by the USCIS

You are incorrect. I realize you are trying to give good advice but you are referring to the K1 visa, and the OP is referring to the K3, which indeed is for spousal non-immigrant visa status. I and many folks who are married have filed both, with the hopes of the K3 bringing us together sooner... alas, that rarely happens and only the CR1/IR1 visa progresses to completion. The I-129F gets closed in most cases.

Hi, Homer Simpson. Thank you for response. I appreciate your concern, but actions taken were actually advised by the USCIS when my husband called them. From what I've read here, I don't think we're an isolated case who have filed for both the I-130 and I-129F (two weeks apart). Also, if I may add, we did not pay any fee for filing of I-129F as stated in the USCIS website, but I will take your advice re: withdrawal of I-129F. I will discuss this with my husband. Thank you.

I have done what you did. My advice is to leave the I-129F as it is. There is no harm in hoping for a quicker journey to your spouse:)

[Homer Simpson 7]

My appologies I miss understood it I thought you were referring to the k1 fiancé visa, however please accept my best wishes and good luck

Thanks lakehouse for clarification of the issue