I-129F Loophole Wrongly Denied

[Ellxtdan 95]

Hi everyone!

 

So I’m currently filing a I130 for my husband, and we’re at Texas Service Center. I decided to try to the I129f loophole most people have been doing at Nebraska to test my luck. Two months after sending the I129f, I got a notice that it was denied. I thought it would mean the 130 approval, but alas, it was not. Today, I got the letter and it says it was denied because I “have not established that I have a pending or an approved Form I130 on which to base the filing of this form I129f”.

 

When filing for the I129f, I included a scan of the I-797 NOA of my I130, so I’m kind of at a loss of what to do since they should’ve already had my case number. I’ve called and asked and they told me to follow instructions. The instructions basically say I can appeal this decision by filling out another form and paying the $675 fee.

 

Is there any other way I can get into contact with them without paying that fee? Should I just file another I129f and include more evidence of the I130? I sent them the NOA1 letter the first time, but didn’t include the second NOA1 letter where they included the online account info. So I can include both scans this time I guess.

 

Thoughts or opinions would be appreciated!

Edited October 24, 2019 by Ellxtdan

[payxibka 10,045]

11 minutes ago, Ellxtdan said:

Hi everyone!

 

So I’m currently filing a I130 for my husband, and we’re at Texas Service Center. I decided to try to the I129f loophole most people have been doing at Nebraska to test my luck. Two months after sending the I129f, I got a notice that it was denied. I thought it would mean the 130 approval, but alas, it was not. Today, I got the letter and it says it was denied because I “have not established that I have a pending or an approved Form I130 on which to base the filing of this form I129f”.

 

When filing for the I129f, I included a scan of the I-797 NOA of my I130, so I’m kind of at a loss of what to do since they should’ve already had my case number. I’ve called and asked and they told me to follow instructions. The instructions basically say I can appeal this decision by filling out another form and paying the $675 fee.

 

Is there any other way I can get into contact with them without paying that fee? Should I just file another I129f and include more evidence of the I130? I sent them the NOA1 letter the first time, but didn’t include the second NOA1 letter where they included the online account info. So I can include both scans this time I guess.

 

Thoughts or opinions would be appreciated!

No reason to pay the fee.   Submit again 

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to K3 Process & Procedures.

[cbro 59]

I have no idea why you would bother filing 129f if you're at Texas, would you be happy with the K3 if indeed you got it?  (hypothetically speaking)  The processing times USCIS is listing show the 130s are getting processed faster than the 129f at Texas...