I-129F/I-130 Dilemma

[G&A 1]

quoting from the OP: "The reason we added the K3 petition was so I could get to the US faster, and I don't want to abandon it and then find out that it would have eventually overtaken a stalled I-130 at some point." Time is of the essence for the OP hence my recommendation.

[RocksAnne 0]

My head is spinnin' Thanks for all the input! And, sorry - yeah I meant "Consulate" not "Embassy".

G&A

My concern (as stated above) is that the I-129F will also be sent to Montreal (as that will be codded as your consulate) and end up stuck in the backlog either way.

Why do you think my I-129F would get sent to Montreal instead of Vancouver? Has this happened to anyone before? I checked with the Canadian forum and everyone said my I-129F will go directly to Vancouver once it gets out of NVC's hands, so it doesn't normally pass thru Montreal at all. So would they code it as Montreal if it's just going straight to Vancouver?

Yodrak

In any event, depending on circumstances, RocksAnne may prefer an immigrant visa from Montreal over adjustment of status should the K3 visa come through first.

No! I wouldn't! If the K3 comes thru first, I am so outta here! I don't mind having to do an Adjustment of Status in the US.

Going to Montreal is my least favorite option. (unless the interview there is scheduled ahead of everything else). Also I considered the idea of flying back there after I'd moved to the States to get the IR-1 instead of doing the AOS, but I will be living in New Mexico, so I would have to decide between a long expensive trip vs a long expensive wait for AOS.

We are ok with spending some extra moola on stuff if it means keeping our options wide open and moving things along ASAP.

So far the only thing I see against going ahead with the I-130 forms is the possibility that the I-129F might get sent to Montreal instead of Vancouver?

[G&A 1]

Why do you think my I-129F would get sent to Montreal instead of Vancouver? Has this happened to anyone before? I checked with the Canadian forum and everyone said my I-129F will go directly to Vancouver once it gets out of NVC's hands, so it doesn't normally pass thru Montreal at all. So would they code it as Montreal if it's just going straight to Vancouver?

This just the conservative side of me speaking. NVC receives the I-130, processes it as an IR-1, adjust your consulate to Montreal (if you had put Vancouver on the application), makes that adjustment in their computer system, and sends it to Montreal. A few weeks or months later, they receive your I-129F, they see that your consulate in their system has been changed to Montreal, so they send it to the same place. I do not see them sending one file to the west and the other to the east.

I have no real evidence to support this. Just my theory based all the mess ups i have seen.

Sorry to make your head hurt...

[RocksAnne 0]

G&A

This just the conservative side of me speaking. NVC receives the I-130, processes it as an IR-1, adjust your consulate to Montreal (if you had put Vancouver on the application), makes that adjustment in their computer system, and sends it to Montreal. A few weeks or months later, they receive your I-129F, they see that your consulate in their system has been changed to Montreal, so they send it to the same place. I do not see them sending one file to the west and the other to the east.

On the I-130 application we put Montreal as the consulate. (on line #22) and on the I-129F we put Vancouver (on line#20). Of course they have that disclaimer on the forms that they can send 'em along to wherever they like no matter what you put down!

I am leaning towards sending in the DS/AOS stuff and being the guinea pig.

[G&A 1]

Go with your instinct... I might be in the same exact situation in a month or two.

[Yodrak 7]

RocksAnne,

Fine. Everyone has their own preferences and priorities.

Yodrak

.....

Yodrak

In any event, depending on circumstances, RocksAnne may prefer an immigrant visa from Montreal over adjustment of status should the K3 visa come through first.

No! I wouldn't! If the K3 comes thru first, I am so outta here! I don't mind having to do an Adjustment of Status in the US.

Going to Montreal is my least favorite option. (unless the interview there is scheduled ahead of everything else). Also I considered the idea of flying back there after I'd moved to the States to get the IR-1 instead of doing the AOS, but I will be living in New Mexico, so I would have to decide between a long expensive trip vs a long expensive wait for AOS.

We are ok with spending some extra moola on stuff if it means keeping our options wide open and moving things along ASAP.

So far the only thing I see against going ahead with the I-130 forms is the possibility that the I-129F might get sent to Montreal instead of Vancouver?

[RocksAnne 0]

Thanks everyone for your input! I really appreciate your ideas. I had a very stressful evening after finding out my hubby had to make an emergency landing after a total hydraulic failure. But after he reassured me that he was still in one piece, we went over everyone's suggestions here and decided to go ahead and pay the I-130 AOS fee and send in the DS3032, and just see how it shakes out. We'll be the test case for anyone else in this situation! If I get an appointment in Montreal for the Ir-1 first, that will be fine. I'll take whatever gets scheduled fastest.

I had another reason to prefer going the K3 route and adjusting status later. I also have an application in for a US Passport. I believe I qualify for derivative citizenship thru my father and might be able to bypass the whole visa issue altogether. But that application got caught up in the mess of the huge passport application backlog, so I filed for these visas to get them going in case they denied my application for citizenship or delayed it by requesting evidence that might take me a year to obtain. My husband and I were hoping that if it were just delayed due to lack of evidence, that I could still get the US passport after being admitted on a K3 - but before I had to finish adjusting status to the green card and paying the big new fees.

And that, folks, is why my head's been spinning!

Thanks again for your advice!

[Urge To Race 2]

Thanks everyone for your input! I really appreciate your ideas. I had a very stressful evening after finding out my hubby had to make an emergency landing after a total hydraulic failure. But after he reassured me that he was still in one piece, we went over everyone's suggestions here and decided to go ahead and pay the I-130 AOS fee and send in the DS3032, and just see how it shakes out. We'll be the test case for anyone else in this situation! If I get an appointment in Montreal for the Ir-1 first, that will be fine. I'll take whatever gets scheduled fastest.

I had another reason to prefer going the K3 route and adjusting status later. I also have an application in for a US Passport. I believe I qualify for derivative citizenship thru my father and might be able to bypass the whole visa issue altogether. But that application got caught up in the mess of the huge passport application backlog, so I filed for these visas to get them going in case they denied my application for citizenship or delayed it by requesting evidence that might take me a year to obtain. My husband and I were hoping that if it were just delayed due to lack of evidence, that I could still get the US passport after being admitted on a K3 - but before I had to finish adjusting status to the green card and paying the big new fees.

And that, folks, is why my head's been spinning!

Thanks again for your advice!

RocksAnne, well you certainly had a lot to think about. As I said in an earlier post, your preferences and circumstances might be different than mine. Obviously, there are some big considerations you have to take into account. Best of luck! In the end, I totally agree with your decision to try to keep everything moving, keeping your options open. Its what I would want too. You just never know how it will shake out.