K3 and CR1 ...i-130 approved...but I-129F pending

[ron123 0]

My I-130 was just approved....I would rather my wife get a CR1 since we are already married.....but do I need to wait and see what happens with the I-129F....do I need stop it? and if I need stop the I-129F...how do i do so?

[Rings 10]

The USCIS will process your I-130 first and send the petition that is approved first to the NVC. They will not send more than one petition to the NVC for a case number at any given time because they are only allowed to issue a certain number of visa's per year. This is why all unpassed interviews get sent back to the NVC (So they can re-issue the visa number to someone else) If your I-130 has been sent to NVC, then you and your spouse will each get a packet of instructions, just fill them out and send them back and you will be fine. The USCIS will not forward your K3 unless you request them to forward it because they approved your I-130 first. I only know this because after about five calls to these people a day, they finally gave in a little and let me know the basic process and reason (I was asking them how I can process my I-130 instead of the K3)

[pushbrk 12,883]

The USCIS will process your I-130 first and send the petition that is approved first to the NVC. They will not send more than one petition to the NVC for a case number at any given time because they are only allowed to issue a certain number of visa's per year. This is why all unpassed interviews get sent back to the NVC (So they can re-issue the visa number to someone else) If your I-130 has been sent to NVC, then you and your spouse will each get a packet of instructions, just fill them out and send them back and you will be fine. The USCIS will not forward your K3 unless you request them to forward it because they approved your I-130 first. I only know this because after about five calls to these people a day, they finally gave in a little and let me know the basic process and reason (I was asking them how I can process my I-130 instead of the K3)

I'm afraid the above is riddled with misinformation. USCIS's info line isn't called the "misinformation line" for nothing.

The USCIS has already processed and approved the OP's I-130 and sent it to NVC. He need do nothing about the I-129. If and when it is approved, it will also be sent to NVC and onward. It is when the two petitions are approved at the same time, that only the I-129F is sent on. This new policy has been in place since the fall of 2006.

There is no limit to the number of spouse visas that can be issued within any time frame. For other family members, there is a limit and extended wait for a visa to become available. Not so for a spouse or fiance.

Edited June 26, 2007 by pushbrk

[simple_male 1]

The USCIS will process your I-130 first and send the petition that is approved first to the NVC. They will not send more than one petition to the NVC for a case number at any given time because they are only allowed to issue a certain number of visa's per year. This is why all unpassed interviews get sent back to the NVC (So they can re-issue the visa number to someone else) If your I-130 has been sent to NVC, then you and your spouse will each get a packet of instructions, just fill them out and send them back and you will be fine. The USCIS will not forward your K3 unless you request them to forward it because they approved your I-130 first. I only know this because after about five calls to these people a day, they finally gave in a little and let me know the basic process and reason (I was asking them how I can process my I-130 instead of the K3)

I'm afraid the above is riddled with misinformation. USCIS's info line isn't called the "misinformation line" for nothing.

The USCIS has already processed and approved the OP's I-130 and sent it to NVC. He need do nothing about the I-129. If and when it is approved, it will also be sent to NVC and onward. It is when the two petitions are approved at the same time, that only the I-129F is sent on. This new policy has been in place since the fall of 2006.

There is no limit to the number of spouse visas that can be issued within any time frame. For other family members, there is a limit and extended wait for a visa to become available. Not so for a spouse or fiance.

Yes, I agree with pushbrk. There is no limit of visa numbers for the immediate relatives of the US Citizen.

ron123: At this point, I think you should only pursue IR-1 route, if you want. You can send a postal mail to the appropriate service center where they have your I-129F petition and request them to cancel your I-129F process. That way, it will be official note from you to USCIS. On that letter, you can mention that your I-130 is moving well at the NVC and therefore you want to concentrate on I-130 only. If you want, attach an I-130 approval notice's photocopy.Or you can wait to see what happens with I-129F. If it is approved, inform NVC immediately that you don't want to pursue I-129F. Remember, I-130 approval will have no effect on I-129F process. So your I-130 process will move with same pace no matter what happens to your I-129F.