Still no Notice of Action number 1, 7 weeks after filling I-130... I am freaking out!

[counicoune 2]

My husband is american and I am canadian, we have been married for 2 years and a half and we have a 13 months old son. I am currently in Quebec, Canada and he is in Ohio as we decide to move to USA... He filled the I-130 the 10 of april 2014 for me and he also filled the file G-1145 to get a Notice of Acceptance by e-mail when they would receive the file... we are desperetaly waiting for the Notice of Action so we can file for K-3. Our son is already dual citizen but we are in Canada still waiting. Is it normal he still didint get the Notice of Action? we need this for the K-3... I am freaking out very bad... I miss my husband and our son miss his dad :'( he did receive a text message on his phone saying that the file had been received, but no actual leter... what is going on?!

** by the way I am sorry if I make some mistake in english, my fist language is french.

Edited May 28, 2014 by counicoune

[belinda63 3,038]

K-3 is dead and a waste of time. I strongly suggest you follow the CR-1 path.

[counicoune 2]

What is that?! The USCIS website dont mentione the CR-1? they only talk about K-3???

[belinda63 3,038]

I checked an you are correct. The front page mentions K-3 but not CR-1. The I-130 will start the process for the CR-1 visa. You could file the I-129F and try for the K-3 but it would save you at best a few weeks and might make you wait longer.

Start by reading the guides at the top for the CR-1 visa.

[counicoune 2]

Ok but are we gonna ever receive of a Notice of Action? I see on the forum ppl waited 2 weeks at most to receive that... ? We are separated since January, I just came back from 1 week visit and I have to be honest it is very hard here with our son that cant see his dad. If only I knew a time frame or if what we did was ok

[counicoune 2]

I just read the guide you mentionned belinda thank you. But I am not sure I understand the CR-1? Is it a visa that allow me to enter the USA to go wait for my green card? We never filed anything regarding a CR-1, only I-130 and all the package that goes with it

[Hypnos 6,576]

You are on the CR-1 path by filing the I-130.

If you haven't received the receipt from the I-130 and it's been 7 weeks then you should be calling USCIS (1-800-375-5283) and / or emailing whichever Lockbox facility you sent it to.

Edited May 28, 2014 by Hypnos

[counicoune 2]

What could make it so long? The paiment has been processed, like I said though my husband received a txt message, but the NOA is a paper right?

[Hypnos 6,576]

It may have been misdelivered (delivered to another address by mistake) or erroneously returned to USCIS by the post office.

If they have cashed the payment then it is at least processing. You should certainly call USCIS and tell them you have not yet received the receipt NOA.

[counicoune 2]

Ok thank you we will do so.

[Ebunoluwa 6,136]

If you file a I-129F petition in addition to the I-130 you have already filed you can incur longer waiting times not less. Your I-130 will be pulled out of queue, the I-129F will be administratively closed at NVC and your I-130 will continue towards the IR1 (not CR1 because you have been

married over 2 years.)

The k3 has been dead since 2010 and is obsolete.

I would make a service request (which takes 30 days to answer) about your NOA1.

http://www.visajourney.com/content/i130guide1

[NikLR 13,227]

If you got the text msg that gave him your case number you can check it online at the USCIS website. https://egov.uscis.gov/cris/Dashboard/CaseStatus.do Also sign up for an account with the case number so you will receive an email when something happens. I signed up and I knew about the petition being approved before my husband did!

I highly suggest reading this http://www.visajourney.com/wiki/index.php/EZGuideSpouse

That's a "fast version" of the spouse guide. When you're ready you can read the more in-depth guides. You have about 6 months of waiting to read up on everything you need to do once the petition is approved.

I know this will be a little hard to understand but because you are interviewing in Montreal, you want the IR1 visa, not the K3. The K3 will cost twice as much money. The K3 will not allow you to be in the USA while you wait for the I-130 to be adjudicated (decided.) How it used to work, was when it used to take 3-5 years for the I-130 to be adjudicated, there was something called the Life Act which made the K3 visa. You filed the I-129F after the NOA1 of the I-130 and you could wait in the USA for the I-130 to be adjudicated. However, now, the USCIS puts the I-129F with the I-130 in the same package so they are adjudicated at the same time. Then they are both sent to the National Visa Center. The K3 might save you 2-3 months, at the most, at the NVC, BUT then you have to adjust your status in the USA and that costs $1070. This is why the USCIS wants you to go for the K3, because they get more money. It isn't to get you with your spouse faster, but that was the initial intent.

Montreal is the US consulate in Canada that interviews for all immigrant visa categories. They have historically closed a K3 visa path because there was an approved I-130 on file. There was recently a K3 visa in Canada but that was at the Vancouver consulate. The Canadian in that case wanted the K3 because the cost of adjustment of status was equivalent to flying across Canada to interview in Montreal. For them, it made sense. For you, it does not.

Now, you can visit your husband in the USA and he come come to Canada to visit you. Because your son and husband are US citizens, you should bring proof of your ties to Canada. If you're working, you should have a letter from your employer saying when you're due back and pay stubs. If you're attending schooling, bring your proof of enrollment. Always bring proof of a lease or rental agreement, and proof of bills that normal people wouldn't just up and leave (anything that requires a contract like car payments for example.) You likely will also need a notarized letter of consent from your husband stating it is okay for you to travel with your son to and from the USA and preferably a return ticket for both of you.

Now if your husband wants the NOA1 letter (form I-797C Notice of Action) your husband will have to call the USCIS and inform them that he has not yet received it. It is a good thing to have so that you can take a photocopy of it with you when you travel to the USA so that the CBP understand you are correctly trying to immigrant. But otherwise you don't need it because the case number on the text message will the same regardless.

[Abby&Mario 100]

What could make it so long? The paiment has been processed, like I said though my husband received a txt message, but the NOA is a paper right?

Okay, so he got the text message notification and they processed the payment. These are excellent signs that indicate things are progressing as they should. What I did when I failed to receive my NOA2 hard copy (the one that says the petition was approved) was call USCIS to speak to Tier 2. They can mail another one. While you're on the line, check to make sure they have your address properly entered in the system. It's important that they have the correct address.

But just so you know, having the NOA1 hard copy isn't actually important. What's important is that, in that text message, you got your USCIS receipt number. If you have that, you're fine and can track your case. My acceptance e-mail said that I couldn't check my case status online until I had the hard copy, but that simply wasn't true. Actually, we personally have never seen our NOA1 because it's in Colombia with our old roommate. Don't worry about it, but do make sure they have the right address down for your case.

[counicoune 2]

Oh thank you so much NLR and Abby&Mario... it helps me cope a little more. Your explanation is very clear NLR thank you, I wish the USCIS website was as clear as that I will read what you linked to me, thanks again!

By the way what is a priority date? will I get one?

[Lakehouse 293]

You may already understand this point too, but just to be clear, when folks were saying you're pursuing a CR-1, that was a small error in terms, as you are pursuing the IR-1 (because you've been married for over 2 years).

There is no difference in the process for you to worry about at all. Simply stated, those who are married less than 2 years will have more paperwork to do in the future

Good luck!!!