I-129f & I-130 approved. Which file Consulate will consider?

[jonMullick 0]

My I-129F and I-130 has approved at the same. I was informed by NVC my file (I-129) is send to London Consulate. And I-130 send to NVC, they would send it to London Consulate.

Question- Which file would London consulate process? or is it my decisission to pick?

Please advise

[Mononoke28 135]

Did you apply for a K-3 visa? If so, then that is what you will be approved for since NVC already sent the I-129F to London and is keeping the I-130 with them.

[YuAndDan 153]

Which ever reaches them first.

The I-129F will pass through NVC very quickly, the I-130 will either be held back at USCIS and will need you to tell them to move the approved I-130 on to NVC where it will go through further processing.

To tell USCIS to move the I-130 on to NVC you probably will have to file I-824 and pay $200. USCIS has been holding the I-130s in many K-3 cases due to most people proceeding with the K-3, and then adjusting status in the USA.

[jonMullick 0]

Yes, I applied for K-3. Before applying for I-129f, I have applied I-130 for CR process.

Does it means they would not consider CR1 process?

[YuAndDan 153]

Yes, I applied for K-3. Before applying for I-129f, I have applied I-130 for CR process.

Does it means they would not consider CR1 process?

Call NVC and see if the approved I-130 has been sent to them by USCIS, typicaly USCIS holds the CR-1 petition in cases of K-3, it ie either one or the other that gets sent to NVC and in K-3 cases they send the K-3 on and hold the CR-1.

[pushbrk 12,914]

Yes, I applied for K-3. Before applying for I-129f, I have applied I-130 for CR process.

Does it means they would not consider CR1 process?

Yes, what we are seeing now, under new procedures, is that the I-130 is retained at the service center. It is NOT sent to NVC. The K3 process proceeds and then the approved I-130 comes back in the picture when you file to adjust status. The exceptions are when the two petitions are filed months apart and the I-130 is approved before and separately from the I-129F. Then both processes continue.

The I-824 with its accompanying $200 fee are taking a minimum of a few months to see action, making the exercise a waist of time and money for all but the rare case that really wants or needs the CR or IR visa. Rare because in those cases filing the I-129F was a waist.

[Mike H. 0]

The I-824 with its accompanying $200 fee are taking a minimum of a few months to see action, making the exercise a waist of time and money for all but the rare case that really wants or needs the CR or IR visa. Rare because in those cases filing the I-129F was a waist.

In our case, I824 added at least 2 months to the processing time. Had I known things would happen this way, I wouldn't have filed for K3, or at least wait until I130 was approved and forwarded to NVC for sure.

Edited May 17, 2007 by Mike H.