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artman_kp

I-130- and I-129f duel petitions

By artman_kp in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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artman_kp Rookie

artman_kp   0

Posted
Filed: F-3 Visa Country: Philippines
 Timeline
Posted

OK guys I have a question for Petition experts

I fled an I-130 cr1 spouse petition then recieved my NOA1on May 18 2016

I then filed an I-129 f K3 petition which also went to Nebraska service center on May 31st

we waited 5 months and I track visa petition approvals for Nebraska with 4 phone apps (I was tracking about 1000 cases close to our NOA1 date )

I saw all the cases around mine approved or RFE request and mine just sat with nothing ...

so I made a few calls and did a congressional inquiry with my US congressman (its election year he was very glad to do so)

anyway the inquiry was sent and I was even caled back by my congressman's secretary ...

they said my petitions are being held up because they think my 129f is a fiance visa ? A K1? and we are already married

why would they do that ? he paperwork for K1 and K3 use the same papers but are marked for K1 and K3 on the first page ...

Anyway they USCIS Nebraska told my congressman I needed to send a personal letter to retract the 129f petition so I don't have two petitions being processed at same time ? and eliminate the K1 petition since we are already married ....

All paperwork was supplied for the K3 not a K1 with marriage certificate and proof of marriage even ?

I have no idea why they would think that was a K1 not K3

I sent the letter anyway and it will be there today to retract my 129f ...as our I-130 should have been processed by now anyway

from research It does not seem that Nebraska really processes any K3 's anyway ...only California

Most of the ones I se at Nebraska per my tracking App are always cancelled and status says " Benefits obtained by other measures"

most likely an approved I-130.

Only problem I have is they never sent me an RFE or any word saying mine was held in limbo ?

I had to do the inquiry just to find that out ....

Any insight into this ..just curious

artman_kp Rookie

artman_kp   0

Posted
Filed: F-3 Visa Country: Philippines
 Timeline
  • Author
Posted

I did exactly as specified by visa experts in here

you did not read above

I filed the I-130 waited for the NOA1

then filed the I-129f with included II130 notice as you are supposed to do (they have a smal box to mark on the form which specifies if the papers are for a K1 or a K3 petition ....

and you are wrong the I-129f paperwork is for a K1 or a K3 ...there are no other forms for a K3

Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

The K-3 is pretty much obsolete anyway. The I-130 and the I-129F would be adjudicated at the same time, then forwarded to the NVC who will cancel the I-129F because there is already an approved I-130 and you will go the CR-1/IR-1 route. Don't know how they mixed it all up and thought you wanted a K-1 (unless you somehow indicated you weren't married on it) but there was no point in filing it to begin with.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

artman_kp Rookie

artman_kp   0

Posted
Filed: F-3 Visa Country: Philippines
 Timeline
  • Author
Posted

the box to mark on the I-129f form for either a K1 or K3 is just above the beneficiary section mine was marked K3 ...along with all my marriage certificate documentation supplied as well inside the papers ..and included on the cover letter of contents. nothing was marked wrongly ...

Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

the box to mark on the I-129f form for either a K1 or K3 is just above the beneficiary section mine was marked K3 ...along with all my marriage certificate documentation supplied as well inside the papers ..and included on the cover letter of contents. nothing was marked wrongly ...

Regardless, you'll be getting a CR-1 or IR-1 visa, not a K-3 out of this process.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

NikLR Grand Master

NikLR   13,230

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

~~moved to progress reports from process and procedures~~

Maybe stop tracking other people's cases. Did you do a service request or did you jump right into the congressional inquiry?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I fled an I-130 cr1 spouse petition then recieved my NOA1on May 18 2016

.as our I-130 should have been processed by now anyway

Only problem I have is they never sent me an RFE or any word saying mine was held in limbo ?

I had to do the inquiry just to find that out ....

Any insight into this ..just curious

You are still within normal processing time for the I-130 approval.

I don't know "recommended" that you file the I-129F for a K-3 because everyone here knows that it's futile.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

  • 2 weeks later...
Gretch Explorer

Gretch   11

Posted
Filed: IR-1/CR-1 Visa Country: Rwanda
 Timeline
Posted

I know this is old, but in case you're still reading, I just wanted to comment--USCIS messes things up all the time. That's likely all that happened here. They had my husband as applying for a waiver of unlawful presence (like an undocumented immigrant would need) when he's never stepped foot in the US, much less applied for a waiver! Clerical errors happen.

I think the OP meant not that people told him to apply for K3, but that he followed the directions on here for applying for one if you're going to do it. USCIS still makes it sound like a viable option.

12/14 Met at work in Rwanda

2/21/15 Became a couple

11/19/15 Married

11/23/15 I left Rwanda 

12/30/15 Mailed I-130

1/06/16 NOA1

5/03/16 NOA2!

5/06/16 NVC received case

5/20/16 Case number assigned

5/23/16 Email from NVC with case number

5/23/16 Choice of Agent filled out, AOS fee invoiced and paid

5/31/16 Called NVC, reviewed I-261 over the phone

6/02/16 IV bill invoiced and paid

7/28/16 Finally! All police clearances and birth certificate received; mailed IV and AOS; filed I-260

8/04/16 Official scan date (tracking shows "delivered" the day before)

8/15/16 Visiting my husband! 10 days

9/01/16 Received checklist in error, claiming our application was on hold because of a waiver application we never filed

9/02/16 Sent for supervisor review, six week timeframe given

9/13/16 Sent for "document review", whatever that is, told the timeframe is now indefinite

9/20/16 Contacted US Representative Adam Smith's office for assistance (WA)

9/26/16 3 N/As and Case Complete!

11/14/16 Interview: approved pending medical! (Vaccines hadn't been available)

11/19/16 Visa received in passport

12/09/16 POE Seattle

03/06/17 Green card received (address changed after POE, no problem)

5/2017 Our baby is due

artman_kp Rookie

artman_kp   0

Posted
Filed: F-3 Visa Country: Philippines
 Timeline
  • Author
Posted

we had our I-130 approved so I am fine with that ...I just wish I had some notice that they were holding our petitions because they thought it was a K-1 petition rather than a K-3 that it was...It was clearly marked as a K3-spouse not a K1 fiance petition.

 
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