Does USCIS hold I129F if the I130 has been approved?

[Yodrak 7]

abvlit,

Yes, you are missing USCIS' explanation for why they implemented the procedure.

The experience has been that the vast majority of K3 visa applicants apply to adjust status after entering the USA. In such cases there is no need to send the I-130 to the DoS, which will have no use for it, only to have the DoS start to work on an immigrant visa application and then have to send the petition back to USCIS again. By USCIS holding the petition a lot of work is saved and the risk of losing the file or some of its' contents is mnimized.

If a K3 person wants to obtain their LPR status via an immigrant visa, rather than by adjusting status, they can direct the USCIS to forward the approved I-130 to the DoS.

Yodrak

"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.

[edp333 9]

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

OP = Original Poster in this situation. Normally, the person who started the thread.

[Dakine 26]

Bottomline in all this is things are "looking good" for K3/CR-1 at this time

People who are doing them have a MUCH better chance of ending up with a CR-1 without the delay there used to be.

CR-1 Is a MUCH MUCH better visa.

May be better to just go for the CR-1 from the start and shine on the I-129F and the additional money and paperwork.

####### shoot tho as who knows what "THE MAN" will do next. Things can change rapidly.

I wish my wife could have got her SSN and GC in the mail a short time after arriving here.

AOS, EAD and AP are a pain in the butte plus it will more expensive yet after the fee increases.

AOSs can be denied also!! More stress!

Edited June 29, 2007 by beckypua

[waiting4ever 0]

Bottomline in all this is things are "looking good" for K3/CR-1 at this time

People who are doing them have a MUCH better chance of ending up with a CR-1 without the delay there used to be.

CR-1 Is a MUCH MUCH better visa.

May be better to just go for the CR-1 from the start and shine on the I-129F and the additional money and paperwork.

####### shoot tho as who knows what "THE MAN" will do next. Things can change rapidly.

I wish my wife could have got her SSN and GC in the mail a short time after arriving here.

AOS, EAD and AP are a pain in the butte plus it will more expensive yet after the fee increases.

AOSs can be denied also!! More stress!

You are right. Actually, the reason why I filed the I129F so late was that I did not get the NOA1 for I130 soon enough and I though that I needed it to file for I129F. I was little bit mad that I wasn't able to file for I129F soon enough. Now I think that filing I129F late was a blessing in disguise. If I filed I129F sooner, I would have no choice other than to go with K3 visa. Now I have the choice of either continuing with Cr1 or wait for K3. I am definitely going with the CR1 even though it is taking a bit longer.

[ohioindian 0]

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.

this is not correct. The I129F for K3 is dependent on I-130 having been filed. As stated on USCIS website, it is policy for them to hold 130 and forward 129F when both are approved. Apparently, the 130 process from NVC and most consulates takes longer time than K3, so most people go through K3 as they can come to US sooner, unfortunately it is also going to cose more, but is worth it I think.

[Ness and Keith 0]

Hi waiting4ever we have the same case wherein our I130 was approved first than the 129F. Until now it still pending...they touched it yesterday but i don't know until when before they finally approved it.. I hope they not holding this for the reason that we have already the I130.

I just want to ask if there are cases here wherein the Embassy scheduled the interview of the foreign spouse for K3 while the I130 case is almost complete in NVC and during the interview then change it to CR1 later when it gets to the consulate?

Please share if this is possible..

Thank you.

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?

[Ness and Keith 0]

Hi waiting4ever we have the same case wherein our I130 was approved first than the 129F. Until now it still pending...they touched it yesterday but i don't know until when before they finally approved it.. I hope they not holding this for the reason that we have already the I130.

I just want to ask if there is already case here same as what waiting4ever want to do : to have the K3 interview scheduled and then change it to CR1 later when it gets to the consulate.

Please share if this is possible..

Thank you.

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?

[pushbrk 13,071]

You have just described the standard procedure but the timing has to work out first.

Hi waiting4ever we have the same case wherein our I130 was approved first than the 129F. Until now it still pending...they touched it yesterday but i don't know until when before they finally approved it.. I hope they not holding this for the reason that we have already the I130.

I just want to ask if there is already case here same as what waiting4ever want to do : to have the K3 interview scheduled and then change it to CR1 later when it gets to the consulate.

Please share if this is possible..

Thank you.

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?

[Yodrak 7]

ohioindian,

Reba is correct. It may not be possible to submit an I-129f for spouse without having first submitted an I-130, but the two processes - one for a non-immigrant visa and the other for an immigrant visa - are very separate.

Yodrak

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.

this is not correct. The I129F for K3 is dependent on I-130 having been filed. As stated on USCIS website, it is policy for them to hold 130 and forward 129F when both are approved. Apparently, the 130 process from NVC and most consulates takes longer time than K3, so most people go through K3 as they can come to US sooner, unfortunately it is also going to cose more, but is worth it I think.

Edited August 9, 2007 by Yodrak