What to do after I-130 approved?

[stockmktgenius 0]

I just got approval for my wife of Form I-129F, Petition for Fiance.

Also approved for her was Form I-130, Immigrant Petition for Relative, Fiance, or Orphan.

I-130 says my application indicates my wife is already in America. This is not true, she's in Thailand. The form says since she is in America, they want me to file Form I-485, Application for Permanent Residence.

It says if she isn't in America, I should file I-824, Application for Action on an Approved Application.

I'm not sure what to do at this point. Possibly they are assuming that, having had my Fiance Visa approved, she soon will be in America, and then I will file the I-485. In any case, the form says I cannot file it until she IS in America. They've notified me (at my American address) of all this, but a friend who's gone before me says it will take another 2 months for them to notify her, and only then will she get the Fiance visa processed. So I'm thinking, since she got her I-130 approved, perhaps if I filed the I-824, I could put those two months of waiting to good use. Perhaps we could even get both that and the Fiance visa processed in Bkk at the same time. Or, perhaps we'd be stuck, having the I-824 processed in Bkk while we will be in America, and the whole thing will be one big mess. Any thoughts?

Thanks for any help you can give

[pushbrk 12,898]

I just got approval for my wife of Form I-129F, Petition for Fiance.

Also approved for her was Form I-130, Immigrant Petition for Relative, Fiance, or Orphan.

I-130 says my application indicates my wife is already in America. This is not true, she's in Thailand. The form says since she is in America, they want me to file Form I-485, Application for Permanent Residence.

It says if she isn't in America, I should file I-824, Application for Action on an Approved Application.

I'm not sure what to do at this point. Possibly they are assuming that, having had my Fiance Visa approved, she soon will be in America, and then I will file the I-485. In any case, the form says I cannot file it until she IS in America. They've notified me (at my American address) of all this, but a friend who's gone before me says it will take another 2 months for them to notify her, and only then will she get the Fiance visa processed. So I'm thinking, since she got her I-130 approved, perhaps if I filed the I-824, I could put those two months of waiting to good use. Perhaps we could even get both that and the Fiance visa processed in Bkk at the same time. Or, perhaps we'd be stuck, having the I-824 processed in Bkk while we will be in America, and the whole thing will be one big mess. Any thoughts?

Thanks for any help you can give

Yes. Nobody has a clue how long it will take for any action to be taken on the I-824. Your I-130 will sit at the service center until action is taken. The general recommendation is to only file the I-824 if you have a compelling reason to want the CR1 visa instead of the K3. If you do/did there was no reason to file the I-129F in the first place. So, let the K3 roll and file the I-485 to adjust status after she gets here.

They are not telling you anything about where your wife is. You got a form letter giving you instructions to cover multiple situations. You pick the instructions that fit. Doing nothing about the I-130 is probably going to be your choice for now.

Please help the other members by filling out your timeline. If you really want to learn about the visa process, I suggest you read more than you ask questions. This subject has been discussed now at least 7 times in the past two weeks.

[MissStacey 1]

Go with the K3. The I 129 has already been approved for you. And because you have file for a K3, they would have held on to the I 130 anyway to allow the K3 to go through.

As far as an I 824 is concerned, I wouldn't bother. We filed one in November and haven't heard anything about it- that is the reason we filed for a K3. So far that is coming along nicely and if all goes well, I should be able to return to the US in a few months!!

Edited May 5, 2007 by Stacey33

[ChinaDavid 0]

Continue to ask questions. Some people think this site is not for questions and answers, but it is, even if the subject has been discussed before. Good luck to you.