I-130 August 2019 filers

[IsItLekker 183]

11 minutes ago, Dayana141 said:

So I can file I129 for free since i filed the I130 already? I am a US citizen and I am currently petitioning for my step-daughter our PD is Aug. 30th. 

No, the K3 visa (I-129f) is only for spouses of American citizens.  Sorry 😭

[Dayana141 47]

Just now, IsItLekker said:

No, the K3 visa (I-129f) is only for spouses of American citizens.  Sorry 😭

there is also K4 visa which is under the I-129 form for children - my question is if it is free to file the I-129 form if already filed the I-130

[IsItLekker 183]

1 minute ago, Dayana141 said:

there is also K4 visa which is under the I-129 form for children - my question is if it is free to file the I-129 form if already filed the I-130

A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

• Under 21 years of age;
• Unmarried; and
• The child of the K-3 visa applicant you filed for.

Did you also plan to file for your spouse?

[Dayana141 47]

Just now, IsItLekker said:

A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

• Under 21 years of age;
• Unmarried; and
• The child of the K-3 visa applicant you filed for.

Did you also plan to file for your spouse?

my spouse is already here s of 9/2018. I have filed for my step daughter as of aug. 2019 under IR 1 visa so should be able to also file under K4 visa. You mentioned it is free to file if i filed the IR1 which i am trying to confirm this is true or not. Not sure you are following what I am saying

[IsItLekker 183]

2 minutes ago, Dayana141 said:

my spouse is already here s of 9/2018. I have filed for my step daughter as of aug. 2019 under IR 1 visa so should be able to also file under K4 visa. You mentioned it is free to file if i filed the IR1 which i am trying to confirm this is true or not. Not sure you are following what I am saying

I am following you. If you have applied for her already on her own I-130, I don't know what the protocol would be. My understanding is any 129f filed with an I-130 should be free, but there doesn't seem to be a lot of information available on that as K4s are applied for with a K3. Since your spouse is already in the US, I don't know if you can even file for this. I'd check the forums for other people who have filed for their step-children. From the government travel website:

 

"If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent's F2 petition. A child is not included as a derivative in his/her parent's IR petition."

 

I would run it by a lawyer or someone else who has done the exact process you are going through. Good luck!

 

[Just Paul 4,595]

37 minutes ago, Dayana141 said:

my spouse is already here s of 9/2018. I have filed for my step daughter as of aug. 2019 under IR 1 visa so should be able to also file under K4 visa. You mentioned it is free to file if i filed the IR1 which i am trying to confirm this is true or not. Not sure you are following what I am saying

K4 as a follow to join would have only been valid for issue the first year after issue and your wife would have had to enter as a K3 as a K4 is a derivative.

[Oluwole 7]

4 hours ago, IsItLekker said:

It doesn't say which center they initially were filed at, but based on the visa type, it could have been California. Most of the F2As in that group which were transferred to Potomac started at the California center.

But looking closely at the approval notice, the category is named as "husband or wife of US citizen"  and not "husband or wife if permanent resident. Check the part underlined in red. 

 

 

 

 

 

I am only curious on why August filers were skipped and September filer gets approved. 

 

 

Edited January 16, 2020 by Oluwole

[IsItLekker 183]

16 minutes ago, Oluwole said:

I am only curious on why August filers were skipped and September filer gets approved. 

[LilyJ 1,258]

5 hours ago, htsf said:

I see. Thank you for such detailed explanation!  My husband is US citizen, so the F2A is not something I am looking for. For the K-3, one of my friend applied it after she submitted her I-130 in TSC. But her I-130 was rejected after she submitted the K-3 for a while. The USCIS did not give her a clear explanation for why rejected her I-130. I am worried if her rejection of I-130 related with the K-3. So I am still hesitate if I should submit the K-3.

Are you sure it wasn’t the I129f that was denied? They won’t deny an I130 without explaining why or without, usually, sending an RFE first, and they definitely won’t deny an I130 just for sending an I129f K3 petition since you are legally allowed to do so still even if the K3 isn’t used anymore. They WILL though deny an I129f for a K3 especially if the I130 is approved as a K3 wouldn’t be needed if the I130 is approved 

[htsf 7]

1 hour ago, LilyJ said:

Are you sure it wasn’t the I129f that was denied? They won’t deny an I130 without explaining why or without, usually, sending an RFE first, and they definitely won’t deny an I130 just for sending an I129f K3 petition since you are legally allowed to do so still even if the K3 isn’t used anymore. They WILL though deny an I129f for a K3 especially if the I130 is approved as a K3 wouldn’t be needed if the I130 is approved 

Thank you so much for your detailed explanation. I am sure her I-130 was rejected for some reason, but I do not know if it is because her submission of the I-129. After being rejected I-130, she started a new application from the very beginning. Have you heard about any others get I-130 rejected after submitting of I-129?

[Just Paul 4,595]

7 minutes ago, htsf said:

Thank you so much for your detailed explanation. I am sure her I-130 was rejected for some reason

Wait until you get the notice.   An I-130 would not be denied for filing of a I-129F.

 

8 minutes ago, htsf said:

After being rejected I-130, she started a new application from the very beginning.

Don't file another until you know the status of all of the petitions.

[LilyJ 1,258]

20 minutes ago, htsf said:

Thank you so much for your detailed explanation. I am sure her I-130 was rejected for some reason, but I do not know if it is because her submission of the I-129. After being rejected I-130, she started a new application from the very beginning. Have you heard about any others get I-130 rejected after submitting of I-129?

As K3 is still a legal (yet obsolete) visa option, an I130 cannot be denied just for filing an I129f, if it was denied then was denied for another reason, not because of the I129f. No I have not seen anyone’s I130 get denied after filing I129f, especially not for filing I129f as filing an I129f is not grounds for an I130 denial 

[ASHN 1]

Dear All , 

 

  I just saw first July approval for coming in for Pontomac Service center file on 07/02/2018 . Hoping August filers will see approval soon. Hang on guys we are half way there .. 

search for this Name - PoojaNach for info 

🙏🏻

[Niglio2019 1]

2 minutes ago, ASHN said:

Dear All , 

 

  I just saw first July approval for coming in for Pontomac Service center file on 07/02/2018 . Hoping August filers will see approval soon. Hang on guys we are half way there .. 

search for this Name - PoojaNach for info 

🙏🏻

Oh that’s gives me so much hope! Praying we see approvals coming left and right out of Potomac going forward 🙏🏿

[HappyHearts 14]

On 1/22/2020 at 11:11 AM, ASHN said:

Dear All , 

 

  I just saw first July approval for coming in for Pontomac Service center file on 07/02/2018 . Hoping August filers will see approval soon. Hang on guys we are half way there .. 

search for this Name - PoojaNach for info 

🙏🏻

Clarification on the quoted year. Why 2018? Is it a typo error? Though I’ve seen one so far under Potomac. I am praying that we will hear before the end of January 2020. God bless us all 🙏