Does USCIS hold I129F if the I130 has been approved?

[waiting4ever 0]

I had heard previously that if the I130 is approved, the USCIS may hold the approved petition until the I129F is also approved. However, I am experiencing something totally different. My I130 has been approved for well over 2 months yet there is nothing on my I129F petition. The last time it was touched was May 7. It seems to me that USCIS is not approving it since they believe that I will go with CR1 visa. I am actually well in the NVC process of I130. I just hoped that my I129F was approved right now so that I could get a K3 interview scheduled and then I would change it to CR1 later when it gets to the consulate. This may save me a little bit of time. However, it seems to me that if I had filed I130 and I129F together, both petitions would have been approved long time ago. Has anyone else had this happen to them?

[Reba 2]

I-129F and I-130 are two completely separate processes. It does sometimes happen that they'll get approved at the same time, but mostly they really have nothing to do with the other.

If the I-129F gets approved sometime soon, and IF it gets to the consulate before the CR1 stuff, then you might get an interview for a K3. However, the CR1 stuff has to be completed before they'll schedule an interview for a CR1. If the CR1 stuff gets to the consulate before the K3, the K3 stuff becomes void.

This is from what I know of the process anyhow, it may have changed with all the new stuff they're doing, I'm sure there's information around here somewhere if you have a look around.

[pushbrk 12,898]

I-129F and I-130 are two completely separate processes. It does sometimes happen that they'll get approved at the same time, but mostly they really have nothing to do with the other.

If the I-129F gets approved sometime soon, and IF it gets to the consulate before the CR1 stuff, then you might get an interview for a K3. However, the CR1 stuff has to be completed before they'll schedule an interview for a CR1. If the CR1 stuff gets to the consulate before the K3, the K3 stuff becomes void.

This is from what I know of the process anyhow, it may have changed with all the new stuff they're doing, I'm sure there's information around here somewhere if you have a look around.

Actually the new procedures since last fall are to marry the two petitions, get them to the same service center and approve them together. Then as the OP anticipated, the I-130 is held at the service center. From the timeline, it appears the two petitions were filed far enough apart that the I-129F got caught in another procedure change and was transferred to CSC while the I-130 was processed at NSC. This is where accurate timelines are important. I actually doubt the timeline is correct. There may just have been too much time between the start of processing on the first petition and the second to get them together. With the I-130 approved and long gone, I suppose it is possible they are holding on the I-129F but it is also still within normal processing times.

[mamalovesdada 0]

We are experiencing the same issue. Our I130 being approved and our I129f still pending with no touches. My husband and i would want our K3 petititon to be approved cause we going for it. However, we feel like this has been hold or something cause, it was never touch.

We called USCIS and informed them that our I130 was approved and that we are waiting for our I129f approval too. we were told to w

USCIS PLEASE approve it!!!

[waiting4ever 0]

It actually makes no sense for USCIS to not approve the I129F at this point. My I130 was approved very fast so it is not like they are verifying the validity of the marriage. But maybe common sense is too much to expect from USCIS. The I129F is ideally suppose to save time for people but it seems that it is a waste of time and money if it is not filed within couple weeks after filing I130. Maybe this is just a trick. USCIS has been known to not send NOA1 for I130 in the recent months. Many people, including me, waste too much time in waiting for the NOA1 which they believe is required to file for I129F. Then they file late and it becomes a waste of money.

[Yodrak 7]

waiting4ever et.al.,

It actually makes perfect sense for USCIS to not approve the I-129f petition at this point.

The K3 visa process was created, in the days when it was taking more than a year for I-130 petitions to be approved, with the express intent of allowing an alien spouse to enter the USA as a non-immigrant while waiting for the I-130 to be approved.

You have an approved I-130. Under the intent of the law - maybe even the letter of the law? - there is no need for an I-129f petition in your case.

Yodrak

It actually makes no sense for USCIS to not approve the I129F at this point. .....

Edited June 29, 2007 by Yodrak

[pushbrk 12,898]

waiting4ever et.al.,

It actually makes perfect sense for USCIS to not approve the I-129f petition at this point.

The K3 visa process was created, in the days when it was taking more than a year for I-130 petitions to be approved, with the express intent of allowing an alien spouse to enter the USA as a non-immigrant while waiting for the I-130 to be approved.

You have an approved I-130. Under the intent of the law - maybe even the letter of the law? - there is no need for an I-129f petition in your case.

Yodrak

It actually makes no sense for USCIS to not approve the I129F at this point. .....

I agree with that logic Yodrak, but USCIS has documented their intention to hold I-130's when I-129Fs are approved and has not documented the reverse. The letter of the law "when an immigrant visa is not immediately available" has been officially interpreted as meaning the case file is on station at the Consulate, not that an I-130 has been approved.

My strong suspicion is that USCIS is having difficulty implementing their own new policy of getting the two petitions together at the service centers, when more they arrive more than a month or so apart.

[Yodrak 7]

pushbrk,

I've seen you use that phrase, "when an immigrant visa is not immediately available", a number of times in the not too distant past and I think you are mis-applying it. An immigrant visa is always immediately available for the immediate relatives of US citizens - spouses, unmarried children under the age of 21, and parents. The Immediate Relative category is not a preference category, there is no annual limit on the number of visas the can be issued in this category, and that is what the phrase refers to. Whether or not a petition has yet been approved is not involved.

I agree that USCIS has not made any policy statement with regard to what it will do with an I-129f petition that is still in process when an I-130 is approved first. I am merely pointing out they could justifiable implement a policy of not completing the I-129f case if they wanted to. It would not 'make no sense', as waiting4ever wrote. It might not be popular, but it would make sense.

Yodrak

waiting4ever et.al.,

It actually makes perfect sense for USCIS to not approve the I-129f petition at this point.

The K3 visa process was created, in the days when it was taking more than a year for I-130 petitions to be approved, with the express intent of allowing an alien spouse to enter the USA as a non-immigrant while waiting for the I-130 to be approved.

You have an approved I-130. Under the intent of the law - maybe even the letter of the law? - there is no need for an I-129f petition in your case.

Yodrak

It actually makes no sense for USCIS to not approve the I129F at this point. .....

I agree with that logic Yodrak, but USCIS has documented their intention to hold I-130's when I-129Fs are approved and has not documented the reverse. The letter of the law "when an immigrant visa is not immediately available" has been officially interpreted as meaning the case file is on station at the Consulate, not that an I-130 has been approved.

My strong suspicion is that USCIS is having difficulty implementing their own new policy of getting the two petitions together at the service centers, when more they arrive more than a month or so apart.

Edited June 29, 2007 by Yodrak

[waiting4ever 0]

waiting4ever et.al.,

It actually makes perfect sense for USCIS to not approve the I-129f petition at this point.

The K3 visa process was created, in the days when it was taking more than a year for I-130 petitions to be approved, with the express intent of allowing an alien spouse to enter the USA as a non-immigrant while waiting for the I-130 to be approved.

You have an approved I-130. Under the intent of the law - maybe even the letter of the law? - there is no need for an I-129f petition in your case.

Yodrak

It actually makes no sense for USCIS to not approve the I129F at this point. .....

Even when people are pursuing K3, they still have to get the I130 approved. With approved I130, people still have to wait about 3 months for the processing at the NVC. With the approval of I129F, the case goes almost immediately to the consulate. So I129F still saves time even if it is approval a month or two later than I130. I am reaching a point where K3 will not have any time benefits since my I130 will probably reach consulate in about a month. I was just hoping for I129F to be approved and to reach consulate before I130. This way, I could probably have gotten an earlier interview date that I could switch to CR-1. So I129F is not useless even if the I130 has been approved. I hope this is the correct information.

[pushbrk 12,898]

That's one way the phrase is used and it is the most common. However, I'm referring to a State Dept. cable that applies directly and only to cases where an I-129F has been filed for a spouse to facilitate a K3 visa. The Consulates are instructed not to issue a K3 visa if the I-130 is on station. They are instructed to use the K3 name check and do an immigrant visa interview on the K3 interview date. That cable uses the "immediately available" terminology as well and directs that the immigrant visa is immediately avialable in these cases, if the I-130 is on station.

Unfortunately, I don't have the link to the cable.

I mention it in the current thread only to indicate it is not applicable in the instant context.

pushbrk,

I've seen you use that phrase, "when an immigrant visa is not immediately available", a number of times in the not too distant past and I think you are mis-applying it. An immigrant visa is always immediately available for the immediate relatives of US citizens - spouses, unmarried children under the age of 21, and parents. The Immediate Relative category is not a preference category, there is no annual limit on the number of visas the can be issued in this category, and that is what the phrase refers to. Whether or not a petition has yet been approved is not involved.

I agree that USCIS has not made any policy statement with regard to what it will do with an I-129f petition that is still in process when an I-130 is approved first. I am merely pointing out they could justifiable implement a policy of not completing the I-129f case if they wanted to. It would not 'make no sense', as waiting4ever wrote. It might not be popular, but it would make sense.

Yodrak

waiting4ever et.al.,

It actually makes perfect sense for USCIS to not approve the I-129f petition at this point.

The K3 visa process was created, in the days when it was taking more than a year for I-130 petitions to be approved, with the express intent of allowing an alien spouse to enter the USA as a non-immigrant while waiting for the I-130 to be approved.

You have an approved I-130. Under the intent of the law - maybe even the letter of the law? - there is no need for an I-129f petition in your case.

Yodrak

It actually makes no sense for USCIS to not approve the I129F at this point. .....

I agree with that logic Yodrak, but USCIS has documented their intention to hold I-130's when I-129Fs are approved and has not documented the reverse. The letter of the law "when an immigrant visa is not immediately available" has been officially interpreted as meaning the case file is on station at the Consulate, not that an I-130 has been approved.

My strong suspicion is that USCIS is having difficulty implementing their own new policy of getting the two petitions together at the service centers, when more they arrive more than a month or so apart.

Edited June 29, 2007 by pushbrk

[simple_male 1]

I had heard previously that if the I130 is approved, the USCIS may hold the approved petition until the I129F is also approved. However, I am experiencing something totally different. My I130 has been approved for well over 2 months yet there is nothing on my I129F petition. The last time it was touched was May 7. It seems to me that USCIS is not approving it since they believe that I will go with CR1 visa. I am actually well in the NVC process of I130. I just hoped that my I129F was approved right now so that I could get a K3 interview scheduled and then I would change it to CR1 later when it gets to the consulate. This may save me a little bit of time. However, it seems to me that if I had filed I130 and I129F together, both petitions would have been approved long time ago. Has anyone else had this happen to them?

It's been happening to some lately. USCIS or NVC won't hold I-129F. Each petition goes by a separate process. Only if both petitions go to the Embassy at the same time, then the Embassy cancels I-129F, as I-130 takes precedent. At this time, only you can cancel I-129F petition, if you want.

Edited June 29, 2007 by simple_male

[Yodrak 7]

waiting4ever,

Everything you say is correct, and the 'race to the consulate' that has been created is a result of the way that the process was implemented and dramatic impovements that USCIS has made in processing I-130. But such a race was not the intent of the law and is not required by the law, and USCIS would be well within its' authority to end the race at the point of approving the I-130, rather than at the point of the I-130 reaching the consulate, should it decide to do so.

Perhaps USCIS is unofficially doing exactly that. Hard to say, only a few recent instances have appeared. We'll need more time and more cases to see what is going to happen with these 'late' I-129fs.

Yodrak

waiting4ever et.al.,

It actually makes perfect sense for USCIS to not approve the I-129f petition at this point.

The K3 visa process was created, in the days when it was taking more than a year for I-130 petitions to be approved, with the express intent of allowing an alien spouse to enter the USA as a non-immigrant while waiting for the I-130 to be approved.

You have an approved I-130. Under the intent of the law - maybe even the letter of the law? - there is no need for an I-129f petition in your case.

Yodrak

It actually makes no sense for USCIS to not approve the I129F at this point. .....

Even when people are pursuing K3, they still have to get the I130 approved. With approved I130, people still have to wait about 3 months for the processing at the NVC. With the approval of I129F, the case goes almost immediately to the consulate. So I129F still saves time even if it is approval a month or two later than I130. I am reaching a point where K3 will not have any time benefits since my I130 will probably reach consulate in about a month. I was just hoping for I129F to be approved and to reach consulate before I130. This way, I could probably have gotten an earlier interview date that I could switch to CR-1. So I129F is not useless even if the I130 has been approved. I hope this is the correct information.

Edited June 29, 2007 by Yodrak

[Yodrak 7]

deleted - duplicate post

Yodrak

Edited June 29, 2007 by Yodrak

[abvlit 0]

"Then as the OP anticipated, the I-130 is held at the service center." What's OP?

I still don't understand why the I-130 get held when the I-129F is approved and passed on to NVC. I would assume they both should continue down the path until completion. Seems weird. Am I missing something?

thanks,

Actually the new procedures since last fall are to marry the two petitions, get them to the same service center and approve them together. Then as the OP anticipated, the I-130 is held at the service center. From the timeline, it appears the two petitions were filed far enough apart that the I-129F got caught in another procedure change and was transferred to CSC while the I-130 was processed at NSC. This is where accurate timelines are important. I actually doubt the timeline is correct. There may just have been too much time between the start of processing on the first petition and the second to get them together. With the I-130 approved and long gone, I suppose it is possible they are holding on the I-129F but it is also still within normal processing times.

[Yodrak 7]

pushbrk,

Thanks for that explanation. Please share the link to the cable if you do find it, it would be a good reference to have.

Yodrak

That's one way the phrase is used and it is the most common. However, I'm referring to a State Dept. cable that applies directly and only to cases where an I-129F has been filed for a spouse to facilitate a K3 visa. The Consulates are instructed not to issue a K3 visa if the I-130 is on station. They are instructed to use the K3 name check and do an immigrant visa interview on the K3 interview date. That cable uses the "immediately available" terminology as well and directs that the immigrant visa is immediately avialable in these cases, if the I-130 is on station.

Unfortunately, I don't have the link to the cable.

I mention it in the current thread only to indicate it is not applicable in the instant context.

pushbrk,

I've seen you use that phrase, "when an immigrant visa is not immediately available", a number of times in the not too distant past and I think you are mis-applying it. An immigrant visa is always immediately available for the immediate relatives of US citizens - spouses, unmarried children under the age of 21, and parents. The Immediate Relative category is not a preference category, there is no annual limit on the number of visas the can be issued in this category, and that is what the phrase refers to. Whether or not a petition has yet been approved is not involved.

I agree that USCIS has not made any policy statement with regard to what it will do with an I-129f petition that is still in process when an I-130 is approved first. I am merely pointing out they could justifiable implement a policy of not completing the I-129f case if they wanted to. It would not 'make no sense', as waiting4ever wrote. It might not be popular, but it would make sense.

Yodrak