i-130 and k3

[lovelive 0]

hello

i have a confusing diffecult situation

my wife a us citzen, filled for me on 2005, and uscis said that case will take 990 to 999 days so it's was so long , so my wife moved to my home country living with me , so it's up to 2 years now , we check the status online all time and says this cas recieved and pending ..........we did not change the address and in bigining of this year we calld uscis and we wanted to change the address and customer servise representive said they can not change out of united states so we hired a lawyer and adviced us to apply for k-3 and we did on the bigining of march /2007 so we recieved the notice that the case will take from 60 to 180 days and they transfer the case to california service center, and it says on the status that iot's pending, nothing happend from that time till now on that status of k-3(how you know that it's touched when i see the same satatus all time) ; our attorney said that we need to apply foir an other I-130 in the embassy in our country so it can be faster ,

does I-130 and k3 are connected or seperated( i mean does the delay of i-130 make k-3 late too)?

do we need to apply for an other I-130 here in the consulate of my home country?

please guys some help this is really make us so confused

thank you alot

[lovelive 0]

any body has any idea about this

[nyseness 0]

I'm trying to understand what you're saying.

[waiting4s 0]

hello

i have a confusing diffecult situation

my wife a us citzen, filled for me on 2005, and uscis said that case will take 990 to 999 days so it's was so long , so my wife moved to my home country living with me , so it's up to 2 years now , we check the status online all time and says this cas recieved and pending ..........we did not change the address and in bigining of this year we calld uscis and we wanted to change the address and customer servise representive said they can not change out of united states so we hired a lawyer and adviced us to apply for k-3 and we did on the bigining of march /2007 so we recieved the notice that the case will take from 60 to 180 days and they transfer the case to california service center, and it says on the status that iot's pending, nothing happend from that time till now on that status of k-3(how you know that it's touched when i see the same satatus all time) ; our attorney said that we need to apply foir an other I-130 in the embassy in our country so it can be faster ,

does I-130 and k3 are connected or seperated( i mean does the delay of i-130 make k-3 late too)?

do we need to apply for an other I-130 here in the consulate of my home country?

please guys some help this is really make us so confused

thank you alot

The K3 you filed in march 2007 is connected to the first I-130 as you have to submit its NOA1 (I-797) for them to process the K3, so in that sense I guess they are connected.

You can tell that the USCIS has "touched" your case by looking at the last updated date next to the case at the USCIS website. If you see the date change, then they have "touched" your case.

I beleive the lawyer is suggesting Direct Consular Filing (DCF) since you wife has been in your home country for longer than six months. I do not know much about that. It may be better to wait and see what happens with the K3, that you filled in march. Otherwise you need to talk to a really good immigration lawyer from the US. Hope this helps.

[lovelive 0]

thank you alot

[pushbrk 13,110]

thank you alot

My first impression is that your lawyer is incompetent. If your wife is a US Citizen then the lawyer should have told you the waiting period doesn't apply to you. An I-130 filed by a US Citizen for their foreign spouse generally takes about 90 to 120 days to be approved and the whole process is usually less than two years from filing. For spouses immigrating from some countries the process is much shorter.

Assuming you have a valid K3 filing that references a still living I-130 case number and receipt, I wouldn't consider a Direct Consular Filing "DCF" from your home country. That would make two I-130s in the system and potentially sabatoge your whole process.

Now, let's not assume. When you filed the I-129F for a K3 visa, just what evidence of filing an I-130 did you provide with your petition?

Edited April 19, 2007 by pushbrk

[meauxna 15]

thank you alot

My first impression is that your lawyer is incompetent. If your wife is a US Citizen then the lawyer should have told you the waiting period doesn't apply to you. An I-130 filed by a US Citizen for their foreign spouse generally takes about 90 to 120 days to be approved and the whole process is usually less than two years from filing. For spouses immigrating from some countries the process is much shorter.

Assuming you have a valid K3 filing that references a still living I-130 case number and receipt, I wouldn't consider a Direct Consular Filing "DCF" from your home country. That would make two I-130s in the system and potentially sabatoge your whole process.

Now, let's not assume. When you filed the I-129F for a K3 visa, just what evidence of filing an I-130 did you provide with your petition?

By way of a little background, in 2005 that WAS the posted wait time on the I-130 receipts. Now, they just post whatever they post at uscis.gov and they don't put the 999 days on the NOA. So, the OP and his lawyer are not incompetant in that regard.

It's a puzzle what has happened to their original I-130. I certainly wouldn't have chased more money after it with an I-129f.

A new I-130 at the Consulate won't really make anything too wonky, and at least it will be there in-country with them where they can have it processed much more quickly, and address whatever issues are holding them up in the first place. The stateside petitions should be withdrawn by letter if they file in Casa.