Need Help / Confused

[JacksonNiall 0]

So a little / lot of help is very much appreciated here as I feel I'm a little lost and confused with the whole process and where we currently stand, I'm not sure if we should be doing anything else, if we have missed anything or if we are currently in a waiting game.

As it stands, I, the benificiary, Niall, currently lives in Scotland.

My wife, the petitioner, Shanyn, US Resident, lives in Colorado.

We got married on the 4th of Jan 2013 in the UK.

Shortly after returning to CO, Shanyn started the process, we were both AIMING for the CR1 visa. As the months have passed, the paperwork has come in, it looks like we have ended up down the K3 path, (yes we are aware this is a redundent path and more expensive (Wasnt planned))

So where are we now, well this is what I'm confused about, I have updated my timeline as much as possible to reflect the paperwork Shanyn has received.

http://s1318.photobucket.com/user/Ironhiide/library/ <------ Library of 6 letters with blanked out personal information.

These are the 6 letters that Shanyn has received regarding our case. (maybe you guys can point out if I have missed anything from the timeline)

• Following the advice of the letter she received, I completed and filled out the DS-160. (have printed out receipt with barcodes)
• Upon realising this was the NON-Immigrant, I panicked and filled out the DS-260. (have printed out receipt with barcodes)
• The DS-261 has also been completed.
• I have also COMPLETED my medical.

Ultimately, what I am looking to find out is:

1. What visa are we actually going for based on the paperwork we have in hand?
2. Are we missing any paperwork that we still NEED to complete?
3. Have we done the required steps for a K3, and just need to wait for a letter for an interview date?
4. I have NEVER had any sort of correspondance to my own address, should I have?

Sorry if this is kind of all over the place, just really looking for help and I just feel so confused. (Also, if I'm missing anything or you need to know anymore, please ask)

Edited May 30, 2014 by JacksonNiall

[Nich-Nick 3,354]

Okay, your case seems to be messed up.

Timeline

Feb 27, 2013- NOA1 for I-130

July 1, 2013- NOA1 for I-129F

Oct 23 2013- the I-130 transferred to NBC

Oct 23, 2013- the I-129F transferred to NBC

Dec 27, 2013- NOA2 (approval) for I-130

Jan 27, 2014- NVC notice of I-129 sent to London for K visa.

I suppose a K3 non-immigrant visa can still happen if the I-129F petition miraculously got approved first. However the norm is the two get tied together, they approve the I-130 and administratively close the I-129F.

From what you posted, you only have an approval notice for the I-130 spouse petition. The I-129F was not approved...well USCIS did not send her an approval notice. You can't get a K visa without an approved petition. If London had received an approved petition, they would have sent the UK person a letter with instructions by mid-February.

It sounds like maybe NVC got you mixed up or sent you the wrong letter. For the spouse IR1/CR1 immigrant visa, NVC sends you instruction and you submit forms, documents, and payment to them.

So where is your case?

Call USCIS and ask about the I-129F by case number. See if it was approved. When? Where is your notice of approval.

Call or email NVC and ask them to track the status of your case. Was that letter in error because to your knowledge there was no I-129F approval.

Contact the embassy in London using this contact form. They don't talk visa on the phone. http://london.usembassy.gov/niv/visa_contact_form.html Explain in 1000 characters that your case has been AWOL since Jan. NVC said your file was sent there for a K3 visa. Do they have that file and if so, why have you not received instruction from them. Tell them you have filled out DS-160, 260, etc in confusion. Once they reply, then you can reply back like an email to ask more.

If London says you can proceed with the K3, then this K1 guide in the UK forum can be used by you because K1 or K3 do the same steps. http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

Edited May 30, 2014 by Nich-Nick

[JacksonNiall 0]

Okay, your case seems to be messed up.

Timeline

Feb 27, 2013- NOA1 for I-130

July 1, 2013- NOA1 for I-129F

Oct 23 2013- the I-130 transferred to NBC

Oct 23, 2013- the I-129F transferred to NBC

Dec 27, 2013- NOA2 (approval) for I-130

Jan 27, 2014- NVC notice of I-129 sent to London for K visa.

I suppose a K3 non-immigrant visa can still happen if the I-129F petition miraculously got approved first. However the norm is the two get tied together, they approve the I-130 and administratively close the I-129F.

From what you posted, you only have an approval notice for the I-130 spouse petition. The I-129F was not approved...well USCIS did not send her an approval notice. You can't get a K visa without an approved petition. If London had received an approved petition, they would have sent the UK person a letter with instructions by mid-February.

It sounds like maybe NVC got you mixed up or sent you the wrong letter. For the spouse IR1/CR1 immigrant visa, NVC sends you instruction and you submit forms, documents, and payment to them.

So where is your case?

Call USCIS and ask about the I-129F by case number. See if it was approved. When? Where is your notice of approval.

Call or email NVC and ask them to track the status of your case. Was that letter in error because to your knowledge there was no I-129F approval.

Contact the embassy in London using this contact form. They don't talk visa on the phone. http://london.usembassy.gov/niv/visa_contact_form.html Explain in 1000 characters that your case has been AWOL since Jan. NVC said your file was sent there for a K3 visa. Do they have that file and if so, why have you not received instruction from them. Tell them you have filled out DS-160, 260, etc in confusion. Once they reply, then you can reply back like an email to ask more.

If London says you can proceed with the K3, then this K1 guide in the UK forum can be used by you because K1 or K3 do the same steps. http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

Thank you for the very helpful response.

The thing that confused us, I understand we didnt get the correspondance that the I-129f was approved or not, but the letter on the other hand said it was approved and forwarded to London, hence the confusion.

Regardless, we are going to take your advice and call them tomorrow as well as send them an email once we get off the phone, is there any problem with me, the beneficiary calling, or does it have to be the US appliacant that makes the call?

[Nich-Nick 3,354]

Thank you for the very helpful response.

The thing that confused us, I understand we didnt get the correspondance that the I-129f was approved or not, but the letter on the other hand said it was approved and forwarded to London, hence the confusion.

Regardless, we are going to take your advice and call them tomorrow as well as send them an email once we get off the phone, is there any problem with me, the beneficiary calling, or does it have to be the US appliacant that makes the call?

Who are you calling? I suggested 2 calls and one online contact form to 3 different agencies.

Don't call the embassy. You won't get anybody who deals with your visas and will likely get further confused because they will start telling you about student and tourist non-immigrant visa procedures. Not remotely the same procedure.

Either of you should be able to call if you know the case number and the other's name and birthdate (They might ask for identifying info.)

You have different case numbers. USCIS ...it's on the documents from them. NVC will be able to look you up with either the USCIS petition case number or the Dept. of State case number (LNDxxxxxxxxxx). London will want the LND number.

[JacksonNiall 0]

Who are you calling? I suggested 2 calls and one online contact form to 3 different agencies.

Don't call the embassy. You won't get anybody who deals with your visas and will likely get further confused because they will start telling you about student and tourist non-immigrant visa procedures. Not remotely the same procedure.

Either of you should be able to call if you know the case number and the other's name and birthdate (They might ask for identifying info.)

You have different case numbers. USCIS ...it's on the documents from them. NVC will be able to look you up with either the USCIS petition case number or the Dept. of State case number (LNDxxxxxxxxxx). London will want the LND number.

Ok, so, made a couple calls today.

USCIS, wouldnt speak to me, the benificiary, and will only speak to my wife, (currently at work). What I DID manage to find out through their automated service though, is that the I-129f was APPROVED on the 30th of December 2013. I'm still going to have my wife call up and confirm this.

NVC, have nothing on the case anymore except that on the 24th of January 2014, it was forwarded to London for a K visa.

Sent the web form off to London just waiting (up to 5 days) for a response now.

[Nich-Nick 3,354]

Ok, so, made a couple calls today.

USCIS, wouldnt speak to me, the benificiary, and will only speak to my wife, (currently at work). What I DID manage to find out through their automated service though, is that the I-129f was APPROVED on the 30th of December 2013. I'm still going to have my wife call up and confirm this.

NVC, have nothing on the case anymore except that on the 24th of January 2014, it was forwarded to London for a K visa.

Sent the web form off to London just waiting (up to 5 days) for a response now.

Sounds like you are gathering some good information. There is an approved I-129F so very possible you can do K3 in London. If they do indeed have the whole file, ask them if you can proceed with the IR1 which you prefer. You will process like those who do DCF and skip the NVC processing. If that happens and you need help, send me a PM. It is similar to K processing, but there are differences to learn.

I wondered about USCIS speaking to you. When my husband has his AOS case with them, they wouldn't speak to me until he got on the phone briefly to give the okay.

[NikLR 13,232]

If you want the CR1 I suggest stop doing anything related to the K3 path and call the NVC (both petitioner and beneficiary may do so) and see if you have a case number etc from them in regards to your I-130.

Edited May 31, 2014 by NLR

[Nich-Nick 3,354]

I meant CR1. Sorry for stating that wrong above. Good idea to find out case number for I-130.

[JacksonNiall 0]

Sounds like you are gathering some good information. There is an approved I-129F so very possible you can do K3 in London. If they do indeed have the whole file, ask them if you can proceed with the IR1 which you prefer. You will process like those who do DCF and skip the NVC processing. If that happens and you need help, send me a PM. It is similar to K processing, but there are differences to learn.

I wondered about USCIS speaking to you. When my husband has his AOS case with them, they wouldn't speak to me until he got on the phone briefly to give the okay.

I got a reply today from the Consulate in London, this was their response.

Visa records show that your case was received in the Embassy on February 3^rd and a letter sent to you on that same day regarding the next steps in your application. If you did not receive that letter, you can access the required forms from the Embassy website, here. Once you have completed the forms and gathered the required documents, you should complete the Notification of Applicant Readiness form. Once the required confirmation and medical report have been received in the Embassy, an interview date will be scheduled for you.

Do you guys think switching to the CR1 would be faster? Like we are ready to do the interview for the K3, we do understand its a more expensive process and its a redundent process. But switching to the CR1, will it slow anything down at this stage for us? Or would you highly recommend it due to the advantages in the end?

[NikLR 13,232]

I got a reply today from the Consulate in London, this was their response.

Do you guys think switching to the CR1 would be faster? Like we are ready to do the interview for the K3, we do understand its a more expensive process and its a redundent process. But switching to the CR1, will it slow anything down at this stage for us? Or would you highly recommend it due to the advantages in the end?

If you''re comfortable doing the K3, then do it. If not, it'll take 2-3 more months due to processing at the NVC.

Green card will be faster... moving to the USA will be slower

[Nich-Nick 3,354]

I got a reply today from the Consulate in London, this was their response.

Do you guys think switching to the CR1 would be faster? Like we are ready to do the interview for the K3, we do understand its a more expensive process and its a redundent process. But switching to the CR1, will it slow anything down at this stage for us? Or would you highly recommend it due to the advantages in the end?

The London reply doesn't give much clarity in my opinion. Your case was received. What case?? The I-129F, an I-130, or both?

I think you need to find out if the embassy can process a CR1 visa with what they have received. I wouldn't try to go back to NVC for processing. DCF Filers skip the NVC, so there is a process. But does London have the proper files to go that path?

This is the web instruction for cases that process at the embassy http://london.usembassy.gov/ivprocess.html

I know it says for both living in the UK. But since yours got a little messed up and your file is no longer at NVC, can they accommodate you by processing a CR1 instead of K3. Ask them (if you prefer a CR1 better visa). Tell them you think NVC made a mistake and rather than sending the file back, can the consulate process your CR1 visa instead.

The time will be the same if you can have consulate processing.for CR1 as outlined on that page I gave.

[JacksonNiall 0]

So, a little bit of an update for you guys.

I received an email from the consulate in London which read:

This e-mail is in regards to your immigrant visa application. We have just received your CR1 file from the NVC, case number is LND2014545xxx we note you have a K3 file on record. We need to process you under the CR1 case. You will need to complete the DS-260 online application form at: http://london.usembassy.gov/ds2001.html

Once you have completed the DS-260 please let us know by replying to LNDIVSubmissions@state.gov

Once we have updated your CR1 case we will be able to schedule your appointment.

Now, I had already done my DS260 by this point, so I immediately replied to the given email address saying so and quoting the relevent information.

TODAY!!!

I got an email saying that my interview had been sceduled for the 18th of July at 9:30am.

Needless to say my heart skipped a little, so all I need to do now is make sure I have all my paperwork together and wait for the date to come around!!!

Edited July 9, 2014 by JacksonNiall

[TBoneTX 46,042]

Congratulations and good luck!

*** Thread moved from K-3 Process forum to the CR-1 Case Progress subforum -- OP is on the I-130 path. ***

[Nick&Diane 32]

Hi there, I'm glad to read that your case has been sorted out and congratulations on the interview date!

Have you done your medical examination? I'm assuming that this is still a requirement - not sure whether you are on the DCF or standard CR1 route.

[JacksonNiall 0]

Hi there, I'm glad to read that your case has been sorted out and congratulations on the interview date!

Have you done your medical examination? I'm assuming that this is still a requirement - not sure whether you are on the DCF or standard CR1 route.

Thank you, we are so excited!

Yeah, the medical was done on the 13th of May. Should be on the CR1 route now.