Seeking assistance in understanding messages from NVC and USCIS

[Btranquilo 2]

Based on a suggestion from the local USCIS office here in Portland, OR I submitted both a I-130 and I-129F application in April, 2014 for a visa for my spouse. I received notification from USCIS that both were approved at the Nebraska center on 09/18/2014 and were being sent to NVC. On a call to NVC I confirmed that both applications were received at NVC on 10/22/14 and was told "they had not yet been entered into the system" and to wait for more information.

Today (11/06/14) I received two separate messages from both NVC and one from USCIS.

Here is the pertinent information on these three messages.

1. Message from NVC related to the I-130 application:

"We recently received your visa petition. We will send NVC processing instructions within 4 to 5 weeks. Please resubmit your inquiry if you have not received any information after 5 weeks. Case number #-------------.

I had sent NVC an email inquiry about the status of the application along with a note that the address and telephone information for the beneficiary (my spouse) had changed. I believe I understand this message; basically a confirmation that the approved application from USCIS has been received at NVC and that I will receive some instructions from NVC in 4-5 weeks.

2. However, I would appreciate some assistance in understanding the 2 messages I received today related to the I-129F application; one is from NVC and the other (received a few minutes later) from USCIS.

a. Message from NVC related to the I-129F application:

"We returned immigrant visa petition ###### to U.S. Citizenship and Immigration Services (USCIS). If you have more questions about this case, please contact USCIS.

USCIS Receipt Number: ###############

Case Number: ####

Petitioner's Name: / #########

Preference Category: K3

Your Priority Date: 21Apr2014

Foreign State Chargeability: NICARAGUA

Invoice ID Number: #############

Information on name and address of US embassy in Nicaragua

b. e-mail message from USCIS received a few minutes later:

"Receipt Number: ########### / Application Type: I129F , PETITION FOR FIANCE(E)
Your Case Status: Post Decision Activity

On November 6, 2014, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case..."

I recall that, back in March of this year, the staff person at the local USCIS office advised me that my spouse would receive a visa faster if I filed both a I-130 and a I-129F; so based on that suggestion that is what I did.

It appears to me that the message from NVC related to the I-129F application that includes a case number and the specific information about the Managua embassy is positive; however the indication that the application is "returned to USCIS for review" is puzzling.

Can someone with experience on all this provide some assistance to me in understanding where the applications stand in this process. I have made an appointment with the local USCIS office in Portland for some information on Nov. 17.

Thanks in advance for any assistance,

Btranquilo

[nitsirk7562 82]

You applied for both?? Why would someone tell you to do that? Sorry, I'm just baffled at this.

You're already married--an I-129f petition for fiancé is as the name implies-- for people who aren't married yet. Therefore, the message about the 129f is because it isn't a valid visa for your situation. You continue with the I-130.

Very, very odd. I've never heard of anyone apply for both. I would try to contact the people at that office who told you to do that. It was a waste of money and makes no sense.

[dnp2014 44]

You applied for both?? Why would someone tell you to do that? Sorry, I'm just baffled at this.

You're already married--an I-129f petition for fiancé is as the name implies-- for people who aren't married yet. Therefore, the message about the 129f is because it isn't a valid visa for your situation. You continue with the I-130.

Very, very odd. I've never heard of anyone apply for both. I would try to contact the people at that office who told you to do that. It was a waste of money and makes no sense.

No.. he applied for K3

The First Step: Filing the Petitions

• You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
• You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.
• After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

The Second Step: Applying for a Visa

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

[Ketsuban 1,034]

Based on a suggestion from the local USCIS office here in Portland, OR I submitted both a I-130 and I-129F application in April, 2014 for a visa for my spouse. I received notification from USCIS that both were approved at the Nebraska center on 09/18/2014 and were being sent to NVC. On a call to NVC I confirmed that both applications were received at NVC on 10/22/14 and was told "they had not yet been entered into the system" and to wait for more information.

Today (11/06/14) I received two separate messages from both NVC and one from USCIS.

Here is the pertinent information on these three messages.

1. Message from NVC related to the I-130 application:

"We recently received your visa petition. We will send NVC processing instructions within 4 to 5 weeks. Please resubmit your inquiry if you have not received any information after 5 weeks. Case number #-------------.

I had sent NVC an email inquiry about the status of the application along with a note that the address and telephone information for the beneficiary (my spouse) had changed. I believe I understand this message; basically a confirmation that the approved application from USCIS has been received at NVC and that I will receive some instructions from NVC in 4-5 weeks.

2. However, I would appreciate some assistance in understanding the 2 messages I received today related to the I-129F application; one is from NVC and the other (received a few minutes later) from USCIS.

a. Message from NVC related to the I-129F application:

"We returned immigrant visa petition ###### to U.S. Citizenship and Immigration Services (USCIS). If you have more questions about this case, please contact USCIS.

USCIS Receipt Number: ###############

Case Number: ####

Petitioner's Name: / #########

Preference Category: K3

Your Priority Date: 21Apr2014

Foreign State Chargeability: NICARAGUA

Invoice ID Number: #############

Information on name and address of US embassy in Nicaragua

b. e-mail message from USCIS received a few minutes later:

"Receipt Number: ########### / Application Type: I129F , PETITION FOR FIANCE(E)

Your Case Status: Post Decision Activity

On November 6, 2014, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case..."

I recall that, back in March of this year, the staff person at the local USCIS office advised me that my spouse would receive a visa faster if I filed both a I-130 and a I-129F; so based on that suggestion that is what I did.

It appears to me that the message from NVC related to the I-129F application that includes a case number and the specific information about the Managua embassy is positive; however the indication that the application is "returned to USCIS for review" is puzzling.

Can someone with experience on all this provide some assistance to me in understanding where the applications stand in this process. I have made an appointment with the local USCIS office in Portland for some information on Nov. 17.

Thanks in advance for any assistance,

Btranquilo

I have seen NVC do this when USCIS forgets to include a vital file in the petition. NVC sends it back to USCIS to amend, then USCIS send it back to NVC.

It seems to only relate to your I-129F. Where is your I-130? If it is at NVC still then they will close your I-129F when USCIS send it back and begin CR-1/IR-1 processing.

[Btranquilo 2]

Thanks for the quick responses to those who replied. In answer to DNP2014 about why I submitted both a I-130 and an I-129F the answer is simple, I was advised by a staff person at the local USCIS office here in Portland, OR that it would probably result in my wife obtaining her visa to enter the US more rapidly. As to the exact type of visa she obtains (K3 or CR-1/IR-1) is not all that important to us; what is important is that she obtain a visa to be able to enter the US so that we can begin living together here in the US. One other issue raised by this poster that it is a "waste of money" was not the case (at least so far); I sent a check for the fee with the I-129F application for $420 and the check was returned to me with a note saying no additional fee was required since I had paid the required $420 fee already with the I-130 application.

However, outside of the reality of filing both a I-130 and an I-129F application for essentially the same purpose, i.e. to obtain a visa for my spouse, I still do not understand the efficiency of doing this. Most of the information and questions on the I-129F are redundant to the I-130 application although there are a few additional questions. Also, it is indeed confusing to see the references in the I-129F form and instructions to a "fiancée" and then try to determine which questions do apply to a spouse. It seems to me that it has to result in more work by USCIS and NVC staff; however that is not an issue for me.

I actually interpreted these messages in a hopeful positive manner to suggest that because there was a case # and a specific US embassy designated that perhaps the I-129F was going to be processed at the US embassy in Nicaragua relatively soon. I would also note that on the USCIS I-797 Notice of Action on the I-129F there is a notation of approval by USCIS "Valid from 09/17/2014 to 01/15/2015".

My final observation is - "my goodness this is confusing and difficult to understand"!

Thanks again to those who have responded and any other insights are appreciated.

Btranquilo

[Gorkhali 214]

I agree its crazy process.. I have lost 5 kgs weight in 4 months since my wife left to return US.

And my wife is sad and weepy but she is occupied with work and frens. But there are times when we have emotional breakdown and we weep over phone.

I so understand, doesnt matter what visa.. We just want to be together thats all.

As far as i know K3 is no long processed... So CR1 is.. Cr1 is lengthy process of 14-15 month from NOA1

glad u filed both and u didnt waste time. Hope ur cr1 gets speed in NVC and doesnt gets through the issue of docx lost and 60 days time ####### to review etc etc.

Best wishes to you guys

[Anat1 0]

I also filed both, and both were approved. They sent back my I-129f and NVC kept processing my I-130. And I finally have my interview date for December.

[Ryan H 3,812]

Thanks for the quick responses to those who replied. In answer to DNP2014 about why I submitted both a I-130 and an I-129F the answer is simple, I was advised by a staff person at the local USCIS office here in Portland, OR that it would probably result in my wife obtaining her visa to enter the US more rapidly.

For the benefit of others who will read this thread, I say the following:

You were given a bum steer by that staffer on multiple levels:

• Procedural changes at USCIS in 2006 when the practice of tying the two petitions together resulted in the K3 saving no time whatsoever.
• A huge procedural change at the State Department in 2011 (implementation of administrative closure of the K3 process when an approved I-130 is on-station) made the K3 virtually unobtainable .

As for fees, it costs nothing to submit an I-129F after an I-130; however, if there is a rare instance of a K3 being granted, it's holder would have to go through the Adjustment of Status process in order to obtain a green card (hence the reference to additional fees).

Finally, and this is only semantics, the I-130 and I-129F are petition forms, not application forms.

[Jettechfsr 5]

I filed a I-130 for an IR.

My case was stuck in Dallas and not moving so I went in for an infopass to find out why was also asked why I didn't apply for a K3 also So I went home and I filed a I-129F for a K3 but what was awesome that Nebraska requested my I-130 from Dallas then they cancelled my I-129F and approved my I-130

it took me awhile to figure it out i was so upset at first why my case so being sent to Nebraska but it was a good thing in the end

[jackie521 1]

I also filed both, and both were approved. They sent back my I-129f and NVC kept processing my I-130. And I finally have my interview date for December.

Congrats. My husband is also in DR and I got my cc on the 31st. But, I am still waiting on my date. How long did it take them to provide you with a date?

[Anat1 0]

Thanks..it took 2 weeks for them to schedule the appointment. And only after I called and they told me I received the email.

Thanks..it took 2 weeks for them to schedule the appointment. And only after I called and they told me I received the email.

[Btranquilo 2]

For the benefit of others who will read this thread, I say the following:

You were given a bum steer by that staffer on multiple levels:

• Procedural changes at USCIS in 2006 when the practice of tying the two petitions together resulted in the K3 saving no time whatsoever.
• A huge procedural change at the State Department in 2011 (implementation of administrative closure of the K3 process when an approved I-130 is on-station) made the K3 virtually unobtainable .

As for fees, it costs nothing to submit an I-129F after an I-130; however, if there is a rare instance of a K3 being granted, it's holder would have to go through the Adjustment of Status process in order to obtain a green card (hence the reference to additional fees).

Finally, and this is only semantics, the I-130 and I-129F are petition forms, not application forms.

------------

Thanks Ryan for the helpful response. I may indeed have been given advice that proves not to be helpful from the staff person at the local USCIS office. Interesting that the sections in Visa Journey on the summary of both the K-3 and I seem to indicate that the process of submitting both I-130 and I-129F petitions may be helpful if one of the objectives is to permit the spouse to enter the US more rapidly. On the other hand, perhaps the information in Visa Journey needs modification.

Info on the K-3 Visa from Visa Journey:

"What makes the K-3 Visa special is that instead of waiting for the I-130 to be approved, the US Citizen may, upon receipt of the I-130 being accepted by the USCIS, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less. The USCIS is responsible for processing the I-129F and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Spouse.

(a "Plus":) - "Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

and, info from Visa Journey on the IR1 / CR1:

(a "plus") "IR1/CR1 Visas often do not take much longer than the K-3 Visa option. The benefit of entering the US and immediately becoming a US Legal Permanent Resident (Green Card Holder) to many people is worth the additional small wait in time.

and

(a "minus")- - "Separation from family may be longer than if filing for a K-3 Visa"

BTW, I apologize for not reading these sections of Visa Journey prior to my post yesterday. So, I don't know - possibly Ryan is correct and it is next to impossible to obtain a K-3 visa. However, not clear to me what harm has been done in filing the petition for both K-3 and IR1 / CR1 (unless somehow that slows up the process). As I said earlier, I have an infopass appointment on Nov. 17 and perhaps the staff person who gave me the original advice back in March will be at the window for my appointment. In any event, I promise to provide an update to the status of my petitions.

And thanks Ryan for the correction related to the word "petition" and not "application."

Thanks again to all who have replied and best wishes to all on this site for an expeditious and happy experience with USCIS and with the National Visa Center!

Btranquilo

[NikLR 13,227]

Actually filing the I-129F can slow the process for the CR1.

The USCIS has policy in place that they will adjudicate the I-129F and the I-130 together. So when the I-129F arrives it pulls the I-130 out of it's position in line and puts it back at the end of the line.

Now this can be helpful for a case that has no action for a long time and may have been "lost" by the USCIS. However in a normal case this simply means that you've delayed yourself a month or two.

There have been about 5 K3 visas go through VJ in the past year that I've seen. In 2012 I did some math and the visa rate for the K3 was about 0.033%. The USCIS likes to encourage the K3 because they get more money from it in the end, if it goes through, and the NVC likes to close it because they get money from it NOT happening plus it's less paperwork for them.

So trying for the K3 or not is up to the individual. So while filing the I-129F doesn't cost anything, the K3 route, in the end, costs about double that of the CR1 because of the adjustment of status. It's simply an inferior visa. Out of the 5 people (approx) that I've seen get it, only the one was really worth the extra money pay off because the beneficiary lived in Vancouver and Canada only does CR1 interviews in Montreal, but Vancouver does K1 and K3. The beneficiary would have had to fly across Canada with a few young children (who were USCs) to do their interview which would have been quite expensive.

Edited November 8, 2014 by NLR

[Btranquilo 2]

Actually filing the I-129F can slow the process for the CR1.

The USCIS has policy in place that they will adjudicate the I-129F and the I-130 together. So when the I-129F arrives it pulls the I-130 out of it's position in line and puts it back at the end of the line.

Now this can be helpful for a case that has no action for a long time and may have been "lost" by the USCIS. However in a normal case this simply means that you've delayed yourself a month or two.

There have been about 5 K3 visas go through VJ in the past year that I've seen. In 2012 I did some math and the visa rate for the K3 was about 0.033%. The USCIS likes to encourage the K3 because they get more money from it in the end, if it goes through, and the NVC likes to close it because they get money from it NOT happening plus it's less paperwork for them.

So trying for the K3 or not is up to the individual. So while filing the I-129F doesn't cost anything, the K3 route, in the end, costs about double that of the CR1 because of the adjustment of status. It's simply an inferior visa. Out of the people (approx) that I've seen get it, only the one was really worth the extra money pay off because the beneficiary lived in Vancouver and Canada only does CR1 interviews in Montreal, but Vancouver does K1 and K3. The beneficiary would have had to fly across Canada with a few young children (who were USCs) to do their interview which would have been quite expensive.

Wow NLR, that is useful information and I can only blame myself for acting on the advice of the staff person at USCIS here in Portland, OR. I am bit confused (even more than usual); since the I-129F has apparently been sent to USCIS in Nebraska for action with (evidently) a note that it will be sent to the US embassy in Managua for action; at the same (apparently) the I-130 is being processed at NVC. Also, the NOA from USCIS on the I-129F has a note "Valid from 9/17/2014- 01/15/2015"; is it correct to believe that this notation means that if the visa related to the I-129F petition is not received by 01/15/2015 then the I-129F petition is basically closed / inactive or some other status?

Thanks for any further information and/ or advice.

Btranquilo

[NikLR 13,227]

Yes a I-129F petition only has a 4 month shelf life afterwards. You must have the visa interview within that time frame. If you don't you have to extend it or it's closed. It's unlike the I-130 which never dies unless completely denied.

Both petitions will be sent to the NVC, regardless of what the NOA2 says. You need to call the NVC to find out what exactly is happening. If they have closed the I-129F or if they processed it and sent it onto the embassy. They may have done either one and if they closed it then you will continue processing at the NVC regardless of what you may want. If they did not close the I-129F then you wait for contact from the embassy before you can continue with the K3 (or however the K1 would normally work in the beneficiary's country, that is the path the K3 follows). The embassy or consulate also can close the I-129F and require you to finish processing on the CR1 instead, which is the path the I-130 started initially. If the embassy contacts you then you can choose to go that route or ignore it and follow the CR1 path at the NVC. At most it may shave 1-2 months off the NVC time but as I said before, the K3 is an inferior visa, so if 1-2 months is worth 1k and extra time waiting for a green card and thus citizenship down the road, then you can try to pursue it.

Edited November 8, 2014 by NLR