K1 K3 Visa mix up

[cdngrl 0]

This is my FI and I's current situation with our supposed K1 visa. It's complicated .. but I can't resist sharing it with my fellow Canuck VJ'ers. Some background info: we don't really have a lawyer ... but FI has a legal plan because of his divorce and child .. so we have been able to tap into the expertise of a immigration lawyer at a local lawfirm .. and it's covered under FI's plan. For the most part tho .. we've been doing the dirty work ourselves. ok .. so here we go.

1) We filled for our K1 back in April 2006.

2) Our case was approved in October 2006 (yeah for us!). My FI recieves a letter from the USCIS soon after requesting more information/evidence (???) He calls the USCIS asking what the letter is about seeing as we were already approved. He was told to dismiss the letter. He also asked our lawyer what to do and he said to do whatever the USCIS told us to do. FI did not read the letter carefully tho . .... and I'm 1700 miles away and can't be there to do it myself. ok ..moving right along.

3) I get my checklist in December and submit it to Montreal .. they confirm over email that they recieved it (more yeahs!)

4) FI recieves a letter LAST NIGHT from the USCIS saying that our case has been ABANDONED! So of course we're both scratching our heads, I'm crying, FI is pissed off ... no fun.

5) FI tells me this morning that this letter is referring to the I-130 he filled and has abandoned our I-130 case because we did not provide the information they request (see end of #2). I-130???? #######?? We're not even married .. we're K1 .. not K3!! So yes, this request for more information was for the mistaken I-130 form that my FI must have accidentally filled out at some point in time over this past year.

So .. #######? We went in applying for K1 and accidentally submitted an I-130 at some point ... that has been abandoned.

My questions are

1- are they going to mistake our case for a K3 now?

2- does not a K3 need to have the I-130 approved BEFORE the K3's I-129F is submitted? I know that for the K3 - both are submitted at some point.

I really hope they just proceed with our case as a K1 ... and the mistaken I-130 doesn't affect this.

My FI has a meeting with USCIS tomorrow and our "lawyer" may be in attendance as well. Hopefully this will allll be cleared up.

Anyhow .. just thought I'd share .. it's been an interesting 24hrs.

~linda

[riblet 0]

I think that since your petition is already at Montreal, this mixup at USCIS should not affect it.

I129F for K3 is filed once you receive the NOA1 for the I130... the request for evidence for the I130 was probably for a marriage certificate since you need to be married to file, no fiance I130.

I really don't think that Montreal will think your petition is for a K3, since they should only have the K1 stuff and won't even know about the I130.

Good luck!!

[Saddle Bronc 124]

Answers:

1. If the I-130 is abandoned, they may not
   
2. No, they can be submitted simultaneously (as the entire concept of K-3 is rather confusing)
   

[misa 2]

It shouldn't affect your case. The I-130 was processed separately and obviously it was abandoned because of an RFE (probably for a marriage certificate which of course you don't have). The I-129F was filed specifically as a fiance one (I hope, do you have complete copies of what was filed?)

What does the checklist from Montreal have you down as? If K1, then you'll be processed as a K1. Double check the checklist and your letter from Montreal.

Edited February 21, 2007 by misa

[cdngrl 0]

yes, our original filing was for the fiance visa ... and i just had my mom read me my montreal consulate letter to me over the phone .. and it indicates that we applied for a fiance visa ... it doesn't say K1 anywhere .. but it doesn't say K3 either. it just mentions 'fiance visa' - good enough in my opinion!

thank you for the responses! you've all calmed me down a bit (imagine getting excited over something like this .... yes you can imagine!).

[misa 2]

Okay, one more thing for you to check!

The letter from the NVC... I applied for K3 and the letter from the NVC to my husband states:

Dear Petitioner,

The State Department's National Visa Center has recently received an approved I-129F petition filed on behalf of your spouse.

Also at the bottom of the NVC letter it mentions "spouse" again as well as "K3".

Check that too.

Edited February 21, 2007 by misa

[cdngrl 0]

Okay, one more thing for you to check!

The letter from the NVC... I applied for K3 and the letter from the NVC to my husband states:

Dear Petitioner,

The State Department's National Visa Center has recently received an approved I-129F petition filed on behalf of your spouse.

Also at the bottom of the NVC letter it mentions "spouse" again as well as "K3".

Check that too.

OK, yes thank you for that. I will call FI and ask him what his letter says ... I would hope that he would have noticed the "spouse" part of the letter tho ... but you never know. we all make mistakes.

[misa 2]

I'm sure it says K1.

Ask him to photocopy you everything and send to you as well. I have copies of everything my husband sent in and received... I'm kind of neurotic about all of this so I like to have copies of everything.