I-130 Application for my husband

[maryjimmy 0]

hi,

I seriously need some help...I am a U.S Citizen..I have filed an I-130 Petition for my husband who is in India.I have filed the I-130 in the end of July 2006 and all I received is a reciept notice or Notice Of Action Letter saying the Vermont service center has received my application on File on July 26, 2006 and for the past six months I haven't recieved anythingelse from the service center yet...I keep callling the USCIS but they can't give any information about my case...They keep saying that it's still pending, I even went to see an immigration officer in Federal Plaza and he was not able to give any information, Can anyone please tell me what can I do about my case since I haven't received anything for the past six months

[MargotDarko 0]

hi,

I seriously need some help...I am a U.S Citizen..I have filed an I-130 Petition for my husband who is in India.I have filed the I-130 in the end of July 2006 and all I received is a reciept notice or Notice Of Action Letter saying the Vermont service center has received my application on File on July 26, 2006 and for the past six months I haven't recieved anythingelse from the service center yet...I keep callling the USCIS but they can't give any information about my case...They keep saying that it's still pending, I even went to see an immigration officer in Federal Plaza and he was not able to give any information, Can anyone please tell me what can I do about my case since I haven't received anything for the past six months

I don't think that's an unusually long amount of time. Check out the timelines for India for CR1 visas.

Did you also submit an I-129F? That form gains your husband a K3 visa and would allow him to come to the states faster, but that might not be much faster now if you haven't already applied. I'm assuming you're living in the US and filed from the US.

[MargotDarko 0]

Actually, I added up the days and looked at the timelines again. According to the average, you should have had the NOA2 now I believe. I'm really sorry it's not moving along. I wish I could provide extra help.

[MargotDarko 0]

Oops! Double posted.

Edited February 7, 2007 by MargotDarko

[maryjimmy 0]

Thank You so much for the help...i really appreciate iti didn't submit an I-129F...I guess it's too late right? Is there any way i could find out why I haven't gotten the NOA2 yet

[ManuNSam 1]

no its not to late to start the i129f

you can do that anytime i beleive ........

if you got an i129f and i130 approved at the same time, your husband would jsut have to choose which kind of visa he was going to apply for. he could only apply for one of them. thats when you would have to choose one route over another.

however.......i DO think its been a long time.

i would be very concerned about it. 6 months is a long time to wait for the noa.

i know what its like to feel totoally in limbo and not able to get info.

reality is that your noa2 is proably around the corner..............

but i would start the 129f anyways. the only drawback would be the extra bucks on the application fee.

sam

[MargotDarko 0]

no its not to late to start the i129f

you can do that anytime i beleive ........

if you got an i129f and i130 approved at the same time, your husband would jsut have to choose which kind of visa he was going to apply for. he could only apply for one of them. thats when you would have to choose one route over another.

however.......i DO think its been a long time.

i would be very concerned about it. 6 months is a long time to wait for the noa.

i know what its like to feel totoally in limbo and not able to get info.

reality is that your noa2 is proably around the corner..............

but i would start the 129f anyways. the only drawback would be the extra bucks on the application fee.

sam

Yep, I agree. It's certainly not too late. It's just it might not actually be faster at this point. If you have the money for the fee though, definitely go for it.

[maryjimmy 0]

Can i ask you guys something, do you know anything about filing in New Delhi, I guess i have to stay in India for a certain period of time in order for me to do that right?Do you know the procedures and do you know what kind of documents i need to take with me in order to file in New Dehi, If you have any idea can you let me know please....i really appreciate it.....

[MargotDarko 0]

Can i ask you guys something, do you know anything about filing in New Delhi, I guess i have to stay in India for a certain period of time in order for me to do that right?Do you know the procedures and do you know what kind of documents i need to take with me in order to file in New Dehi, If you have any idea can you let me know please....i really appreciate it.....

I don't know about it myself, but this link could help:

http://india.usembassy.gov/k_visas.html

Also, check the DCF forum here.

[ManuNSam 1]

i do!

i filed dcf in delhi, it was painless

however you have to stay 90 days in india to file dcf at delhi

needs same papers that is required if you file in the states........

the new delhi website says that you need FRRO

you dont.......although they prefer it

i tried to apply for frro and wasted days........

however others on vj have walked in and registered with no problems. go figure.

new delhi website also says you need bills to show your living in insia, however she gave me all my bills back at the window.

the main thing is that you stay 90 days.

and your husband goes with you when you file, so they do a mini-interview right there.

sam

[MargotDarko 0]

i do!

i filed dcf in delhi, it was painless

however you have to stay 90 days in india to file dcf at delhi

needs same papers that is required if you file in the states........

the new delhi website says that you need FRRO

you dont.......although they prefer it

i tried to apply for frro and wasted days........

however others on vj have walked in and registered with no problems. go figure.

new delhi website also says you need bills to show your living in insia, however she gave me all my bills back at the window.

the main thing is that you stay 90 days.

and your husband goes with you when you file, so they do a mini-interview right there.

sam

For the I-130 for filing the I-129F for a K3 visa?

[maryjimmy 0]

wow you guys are so helpful. Thank you so much...hey what kind of bills i could show them? since i have the u.s passport and when i leave from the U.S to stay in India for 90 days, the day i leave will show on my passport and i guess that wil show the proof that i stayed in India for 90days... anyways what kind of bills i could show them..once again thank you so much for your help guys....

[ManuNSam 1]

the bills i paid for are like my cellphone

the other bills i had are........

dental bills - i was actually in india about 8 months so i decided to get braces while i was there (great deal!)

i also had an embassy membership, so i had my bills from there (dinners and so forth get charged to your account just like a country club)

additioanlly i had printed off all my statements from banks and credit cards that showed transactions in india

however, i took these with me, and had 3 copies of it all. she didnt even look at it, jsut gave it back. so i wouldnt worry about it tooo much. the 90 days stay is the main point. and to top it off, we had left in august to thailand for vacation, and my passport was stamped again. it had not been 90 days from my thailand trip, so technically the most recent stamp in my passport was not 90 days old. However since i arrived in May and only left for 2 weeks in august, they still accepted me (we applied in October). So --- they were very understanding about it.

and dont be deterred by the entry to apply. when i arrived to process my i130 the security gurad that escorts you to the CIS area (its in the back of the building) asked all the couples do you have FRRO. i had spoken with someone at CIS and they said that i had 90 days stay and was ok. the next couple simply wanted to go and ask questions (they didnt have 90 days stay) and the 3rd couple did indeed have FRRO.

Next while your waiting - the lady comes out to start reviewing papers, she maks a big annoucnement about having this FRRO and make sure you have it. well - many people didnt have it. the room is small and the window is not private. so you know everyones interview info! so only a few couples had this frro. but - only those with less than 90 days stay were refused.

however - try to get the frro. just dont get too messed up over it. i went there 3 days in a row trying to iron it out. and it took alll day each day. however others on vj have said it was a piece of cake.......

feel free to keep in touch with me re this. i jsut went through and dont mind helping out.

timeline - after you apply the 130, you know before you leave if your approved. and if your not approved they tell you why, and you dont have to pay. you only pay if your approved!

then, as long as you drop of your papers asap to start the visa for him (they give you a packet at the window after approval) you can get your interview within 6 weeks or so. so - you will save some time.

most likely your noa2 is coming through very soon though.........youlll proably take a flight to india and then find out its approved!

sam

[maryjimmy 0]

hey thanks so much for helping me in this matter, one more thing since i filed the I 130 here in the U.S do you think i have to terminate or withdraw that petition before i go to India or it really doesn't matter...

[ManuNSam 1]

well ------ yeah

you do have to list any previous petitions and the outcome

you dont have to have the official cancellation letter from the US

you only have to show an official letter that you sent to them for cancellation

so - writing a letter to notify to cancel petition #1234567890, drop it in the mail, be smart and do certified mail. showing the letter and proof of receipt is enough

i had petition long ago for my husband as a fiance. we cancelled it and decide i was going to go there for marriage. so we had the same situation as you, having a previous petition.

honestly...........i had a copy of my cancellation letter and a copy of our prior approved notice (noa2)

the lady at the window gave me these back to. she didnt keep them

so its good to have it all, but dont worry about how particular they will be. it seemed almost insignificant while the i130 interview took place. however, had i not had it im sure its the one thing the lady would have asked for!

sam