Help with filing I-129F before NOA1 received

[RocksAnne 0]

I know there was a thread around here about how to file the I-129F before you actually get the NOA1 receipt in hand, but I can't find it. Can anyone send me the link, or let me know how I go about doing it? Our I-130 application check has been cashed and I have my EAC # from the back of it. I've got all the I-129F forms etc ready, I just don't know what I am supposed to send in with them in lieu of having a copy of the NOA1 receipt.

Thanks!

RocksAnne

[Tareq 0]

Hi RocksAnne,

I think you are in a similar situation as I am. Filed I-130 for my wife back on April 12, check cashed on April 25 but still waiting for NOA1. I have posted here asking whether I can file I-129F for K3 without including the copy of the actual I-797 (NOA1) for I-130.

Good luck with your case! Please do post when/if you receive your receipt notice.

[simple_male 1]

Hi RocksAnne,

I think you are in a similar situation as I am. Filed I-130 for my wife back on April 12, check cashed on April 25 but still waiting for NOA1. I have posted here asking whether I can file I-129F for K3 without including the copy of the actual I-797 (NOA1) for I-130.

Good luck with your case! Please do post when/if you receive your receipt notice.

In order to file I-129F, you need a proof (NOA-1 is not the only one) that you had file I-130. So most people use NOA-1 as proof. But because of your situation, you can simply attach the photocopy of cashed check, provide the receipt number with your I-129F packet.

[Tareq 0]

Hi RocksAnne,

I think you are in a similar situation as I am. Filed I-130 for my wife back on April 12, check cashed on April 25 but still waiting for NOA1. I have posted here asking whether I can file I-129F for K3 without including the copy of the actual I-797 (NOA1) for I-130.

Good luck with your case! Please do post when/if you receive your receipt notice.

In order to file I-129F, you need a proof (NOA-1 is not the only one) that you had file I-130. So most people use NOA-1 as proof. But because of your situation, you can simply attach the photocopy of cashed check, provide the receipt number with your I-129F packet.

That's what I thought but I don't know why most people here and other immigration forums think that NOA1 is "required" even though I-129F instructions only state that "evidence" that I-130 is filed is required. Even the customer care rep I called at USCIS said they normally "expect" NOA1 but didn't say it was required.

[Rings 10]

The NOA1 is required because the K3 visa was created under "The Life Act" and was passed into law to bring families together faster. The K3 visa was created so that a family member immigrating into the states could come here early and finish out the I-130 process instead of waiting. Essentially you still have to go through the I-130 process, but you can come into the states to finish it here. This was created back in a time when the process took 3-5 years or so.

Since then, there has been another law passed called "The Paperwork Reduction Act" and this has required the USCIS to process petitions using less paperwork and therefore the CR1 (I-130) is now being processed at a rate that has caught up with the K3 visa.

Essentially we are all applying for I-130, but those who wish to immigrate sooner can also petition for the I-29F (K3) so in order to actually process your K3, the government needs proof that you have filed the I-130 and that NOA1 (Notice of Action) will be required in order to submit that petition. It actual makes sense when you know why you are doing what you are doing.

Hope this helps.

EDIT: I agree that you should be able to provide proof that you have submitted the I-130 with a copy of the check and proof that it was cashed by the USCIS. You should also try to provide your receipt number at least (You can obtain that by e-mailing or calling the service center if you know your petition has been received)

Edited June 8, 2007 by Rings

[Yodrak 7]

Rings,

Good essay. The only part that I disagree with is that the Receipt Notice for the I-130 is the only acceptable evidence that an I-130 has been submitted for the purpose of submitting an I-129f.

Yodrak

The NOA1 is required because the K3 visa was created under "The Life Act" and was passed into law to bring families together faster. The K3 visa was created so that a family member immigrating into the states could come here early and finish out the I-130 process instead of waiting. Essentially you still have to go through the I-130 process, but you can come into the states to finish it here. This was created back in a time when the process took 3-5 years or so.

Since then, there has been another law passed called "The Paperwork Reduction Act" and this has required the USCIS to process petitions using less paperwork and therefore the CR1 (I-130) is now being processed at a rate that has caught up with the K3 visa.

Essentially we are all applying for I-130, but those who wish to immigrate sooner can also petition for the I-29F (K3) so in order to actually process your K3, the government needs proof that you have filed the I-130 and that NOA1 (Notice of Action) will be required in order to submit that petition. It actual makes sense when you know why you are doing what you are doing.

Hope this helps.

EDIT: I agree that you should be able to provide proof that you have submitted the I-130 with a copy of the check and proof that it was cashed by the USCIS. You should also try to provide your receipt number at least (You can obtain that by e-mailing or calling the service center if you know your petition has been received)

[Rings 10]

Indeed...hense the immediate edit before your post clarification

[Yodrak 7]

Rings,

Acknowledged.

I'm curious, though - since you argee that the I-130 Receipt Notice is not the only evidence that could be presented, and were able to edit the post, why did you leave the statement "that NOA1 (Notice of Action) will be required in order to submit that petition." unchanged?

Yodrak

Indeed...hense the immediate edit before your post clarification

[Tareq 0]

Rings,

Acknowledged.

I'm curious, though - since you argee that the I-130 Receipt Notice is not the only evidence that could be presented, and were able to edit the post, why did you leave the statement "that NOA1 (Notice of Action) will be required in order to submit that petition." unchanged?

Yodrak

Indeed...hense the immediate edit before your post clarification

Yodrak, I agree with you and with Rings. USCIS processes are so complicated that even they probably do not know for sure.

As an example, check out I-129F instruction sheet and it asks for "Evidence that I-130 is filed" - does not specifically ask for NOA1.

Now check out this page from USCIS. I'm direct-quoting from that page:

How Do I Apply?

So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen's place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:U.S.

Citizenship and Immigration Services

P.O. Box 7218

Chicago, IL 60680-7218

Now is that not confusing and conflicting!? The way they word it above appears as if it is required and one must wait for an I-797 before sending out their I-129F.

State department website also puts it in a way as if I-797 is required before filing I-129F. Quoting from this page:

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

Edited June 8, 2007 by Tareq

[RocksAnne 0]

Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

Yeah, but maybe they word it that way because it's too complicated for them to say stuff like 'look on the back of your check and get your case number/mail us a photocopy of your check if we're slow sending your NOA1 in the mail.

So, I got my EAC case number off the back of my check, and I registered at the USCIS website and have printed a copy of the notice posted there in my 'account' that says they received our I-130.

But do I risk just sending in copies of those as proof without the actual paper I-797 receipt? I was wondering if anyone else had actually done this before without any problems?

[Tareq 0]

...

But do I risk just sending in copies of those as proof without the actual paper I-797 receipt? I was wondering if anyone else had actually done this before without any problems?

Yes, there are people who have done this (only recently though). See this post by Tussie:

http://www.visajourney.com/forums/index.ph...mp;#entry969539

[G&A 1]

Did any one face problems? I am interested to see from eperience what is the wosrt thing that could happen. RFE?

[Rings 10]

Rings,

Acknowledged.

I'm curious, though - since you argee that the I-130 Receipt Notice is not the only evidence that could be presented, and were able to edit the post, why did you leave the statement "that NOA1 (Notice of Action) will be required in order to submit that petition." unchanged?

Yodrak

Indeed...hense the immediate edit before your post clarification

Ahh I was at work earlier and I had to be in a meeting in five minutes so I was limited on time. I returned to this thread to see your post after that meeting and that's why it took me so long to repsond.

However if you want my real opinion on this matter, I just wouldn't risk added delay to the processing of my petition without the actual valid documentation. I miss Loke, but I would not want to hinder our case either. I do feel that if you submit enough evidence, then someone in a good mood may pass it through without problems or issues, but there may be some big red tape jerk off who got a bad cup of coffee and is hacked off at the moment who may be handling your petition as well. The reality here is that... you just don't know, so really you should ask yourself the ultimate question "Am I willing to risk it?"

[Tareq 0]

Did any one face problems? I am interested to see from eperience what is the wosrt thing that could happen. RFE?

That's what I have been trying to find out. From what I have read so far, I have not seen anyone getting an RFE because they did not include NOA1 for I-130.

I'm sending out my I-129F on Monday without an NOA1. I'll take my chances and see what happens.

[simple_male 1]

Did any one face problems? I am interested to see from eperience what is the wosrt thing that could happen. RFE?

That's what I have been trying to find out. From what I have read so far, I have not seen anyone getting an RFE because they did not include NOA1 for I-130.

I'm sending out my I-129F on Monday without an NOA1. I'll take my chances and see what happens.

You will be fine without NOA-1. Just provide a copy of the cashed check for I-130.