I-130 approval/K3 dilemma

[abvlit 0]

Credzba, I am wondering where did you find this piece of information because I did lots of reading and nowhere I found that USCIS will hold your I-130 if it's approved until the K3 is approved. My assumption was that you always have the option to proceed with whichever comes first. Please guide us to the USCIS source where you got this information or give us some more insight.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

[scorpio 0]

Hello Everybody,

Samething happened to me as well. I129F&I130 was approved at the same time. They were sent to NVC.

I received the letter from NVC about 2 week ago giving me the case number and telling me that the file would be sent to the consular in a week or so.. Since then I've been waiting. But, I found out that the consular did not get the file yet! So, I called NVC but I was told that my file is still being processed!! This was suprise to me and I could not get it. The letter I have is saying that my file is being sent but NVC is telling me that is still being processed. Does anybody have this type of exprience? or what do you think is happening?

In mean time I received another letter from NVC regarding I130. They are asking me to pay the $70.00 fee for the I-864.

Do you think this is normal for NVC to send a letter and keep processing the file for some reason? Would they send me another letter saying that the file is being sent now? People at NVC not saying much except " all I se is your file is being processed" . I sent them a couple of e-mails yesterday but, no answer yet.

I'm in dark and dont know what to do! Any ideas? Thanks.

[pushbrk 12,878]

Credzba, I am wondering where did you find this piece of information because I did lots of reading and nowhere I found that USCIS will hold your I-130 if it's approved until the K3 is approved. My assumption was that you always have the option to proceed with whichever comes first. Please guide us to the USCIS source where you got this information or give us some more insight.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Thank you. Now I have it bookmarked. This comes up several times a week now. It would be good to address this in the guides as well as the new filing procedures, since they aren't addressed in the filing instructions from USCIS.

[ding 1]

I agree, this needs to be available on VJ.

Here's what I kept wondering about, and kept looking for;

"USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

attribution;

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Thanks for that link!

And thanks for the advice on that pushbrk!!!

abvlit,

Your CR1 timleine shows I-130 being sent to NRC. Is that actually NBC?

Edited July 25, 2007 by ding

[Medieval 0]

I agree, this needs to be available on VJ.

Here's what I kept wondering about, and kept looking for;

"USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

attribution;

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Thanks for that link!

And thanks for the advice on that pushbrk!!!

abvlit,

Your CR1 timleine shows I-130 being sent to NRC. Is that actually NBC?

USCIS will only hold your I-130 if I-129F is already approved. The above document assumes that I-130 is pending and 129 is approved. I called the USCIS recently and I received this explanation which makes much of sence to me.

[ding 1]

Odd that USCIS said that because the Public Notice refers to approved I-130 forms, not pending. It says they keep I-130's at USCIS on an agreement with State Dept. until AOS form I-485.

Unless!!! the petitioner clearly indicates on the I-130 that the beneficiary will use consular process.

[pushbrk 12,878]

I agree, this needs to be available on VJ.

Here's what I kept wondering about, and kept looking for;

"USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

attribution;

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Thanks for that link!

And thanks for the advice on that pushbrk!!!

abvlit,

Your CR1 timleine shows I-130 being sent to NRC. Is that actually NBC?

USCIS will only hold your I-130 if I-129F is already approved. The above document assumes that I-130 is pending and 129 is approved. I called the USCIS recently and I received this explanation which makes much of sence to me.

That's true but their making every effort to approve them at the same time now. Beginning July 30 there is no fee for the I-129F for K3 and it is to be filed concurrently with the I-130. This will make the I-130 approved first, an even more rare event.

USCIS and DOS's plan is that all K3 petitions end up as K3 visas unless the I-130 is clearly marked by the petitioner that Consular Service is requested.

[abvlit 0]

I agree, this needs to be available on VJ.

Here's what I kept wondering about, and kept looking for;

"USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

attribution;

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Thanks for that link!

And thanks for the advice on that pushbrk!!!

abvlit,

Your CR1 timleine shows I-130 being sent to NRC. Is that actually NBC?

My I-130 is at National Record Center (NRC), the storage unit for USCIS. This is different from National Benefit Center (NBC).

I'm currently in an epic battle of multitude portions with CSC to get my I-130 moving again.

[ajavaherian 0]

I just received my I-797 receipt for my I-130, and I am about to file the I-129F, do I need to file it before the 30th and only pay $170.00 or is it with out a fee after the 30th as a notice I saw on the USCIS website said that "immigrant K3 visa have no fee." I filed the I-130 for a K3 Visa, is it an immigrant or nonimmigrant visa??????????

Help, I only have a few days.

Arshia Javaherian