Concurrent Filing of I-130 and I129f for K3 Visas?

[Captain Ewok 1,871]

Hi everyone. I have been told you can file them together as proof (for I-129f) of having file the I-130. Can someone point me to an official statement to this effect. I am hoping to back up the change before making it. I know the typical response is that the physical presence of the I-130 is enough for proof but in general I am not sure if they are parted in the processing and thus the people processing the I-129f would see the I-130 and know it was filed.

Maybe I am just being careful but I want to play it safe!

[bszoom42 0]

Ewok, I found some references that suggest the I-129F needs to be filed after the I-130... does that help you?

I-129F Filing Instructions

http://www.uscis.gov/files/form/I-129Finstr.pdf

From Section 8 on page 4

In addition, U.S. citizens petitioning for K-3 visas for their alien spouses must also include evidence that they have filed Form I-130, Petition for Alien Relative, on behalf of the alien spouse listed on this form, and a marriage certificate evidencing the legal marriage between the citizen and alien.

Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e)

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

If You are a U.S. citizen And You are filing a K-3 petition for your spouse.

Mail Form I-129F to the Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

How Do I Apply?

So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:

U.S. Citizenship and Immigration Services

P.O. Box 7218

Chicago, IL 60680-7218

Petitioners should be careful to follow all instructions on each form and provide the Service with all necessary documentation. Following adjudication of the Form I-129F, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

Edited August 14, 2007 by bszoom42

[bszoom42 0]

Searching the Department of State website regarding K-3 process yields more of the same...

Nonimmigrant Visa for a Spouse (K-3)

http://travel.state.gov/visa/immigrants/ty...types_2993.html

Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

Has anyone actually successfully filed I-129F & I-130 together in one mailing? Maybe the instructions on the USCIS and Department of State website are outdated...

[Yodrak 7]

bszoom,

Yes, a few months back several VJers reported that they had mistakenly sent their I-130 and I-129f concurrently. I recall that several of them reported receiving their Receipt Notices, indicating that the applications had been accepted for processing. I do not recall seeing any reports of the the petitions being returned due to improper filing.

Yodrak

.....

Has anyone actually successfully filed I-129F & I-130 together in one mailing? Maybe the instructions on the USCIS and Department of State website are outdated...

Edited August 14, 2007 by Yodrak

[bszoom42 0]

Doing some more searching around, I found this:

USCIS Announces Direct Filing Instructions for Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907

http://www.uscis.gov/files/pressrelease/Up...iling062107.pdf

Effective July 30, 2007:

Petitioners will file the Form I-129F with either the Vermont Service Center or California Service Center, depending on where the petitioner resides, and regardless of whether it is filed for a K-1

fiancé(e) or a K-3 spouse. This represents a change from current I-129F filing instructions, which direct the filing of K-1 petitions to all four USCIS service centers and the filing of K-3 petitions to the Chicago Lock Box.

[Captain Ewok 1,871]

But then it references this page:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Which specifically says:

You are filing a K-3 petition for your spouse.

Mail I-129f to:

The Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.

[Dr_LHA 3]

It seems to be a typical rule of USCIS that when something depends on a I-130 being pending, that concurrent filing is treated in the same way as filing the I-130 first. This makes a lot of sense, after all what's the difference between filing an I-130 a week before filing the other form, and filing at the same time if both forms are processed at the same service center?

Can I find anything that says this officially? Can I bollocks.

Edited August 15, 2007 by Dr_LHA

[Marilyn. 340]

USCIS Announces Direct Filing Instructions for Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907

U.S. Citizenship and Immigration Services (USCIS) today announced new "Direct Filing" instructions for additional immigration forms that were transitioned last year into the Bi-Specialization initiative. "Direct Filing" is the process by which USCIS requires customers to file their petitions and applications with the service center that will process the filings, based on the place of temporary employment or place of residence. USCIS customers can expect that the center where they file will also generate the receipt notice and complete the adjudication. This is a streamlining of the Bi-Specialization process which previously required the filing of applications and petitions at one centralized location and that were subsequently distributed to another service center for issuance of a receipt notice and final case processing.

This Update addresses "Direct Filing" instructions for the following forms: Form I-129F (Petition for Alien Fiancé(e), Form I-131 (Application for Travel Document), Form I-140 (Immigrant Petition for Alien Worker) Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), Form I-485 (Application To Register Permanent Residence or Adjust Status), Form I-765 (Application for Employment Authorization) and Form I-907 (Request for Premium Processing Service). USCIS will implement "Direct Filing" incrementally for all remaining petition and application forms transitioned into the Bi-Specialization initiative.

http://www.uscis.gov/files/pressrelease/Up...iling062107.pdf

Edited August 15, 2007 by MarilynP

[Dr_LHA 3]

Not sure what Direct Filing has to do with the OP's question. We're talking about concurrent filing. The press release you quoted doesn't even mention I-130.

Edited August 15, 2007 by Dr_LHA

[tsokolayt 0]

Hi everyone. I have been told you can file them together as proof (for I-129f) of having file the I-130. Can someone point me to an official statement to this effect. I am hoping to back up the change before making it. I know the typical response is that the physical presence of the I-130 is enough for proof but in general I am not sure if they are parted in the processing and thus the people processing the I-129f would see the I-130 and know it was filed.

Maybe I am just being careful but I want to play it safe!

captain ewok,

hello! actually ive read and read and looked where is this statement saying that we can concurrently file these two forms... but nothing seems to answer that... i guess, some are just using their own opinions when it comes to suggesting to file these two forms at the same time... but for me, i guess its still better to follow all the guidelines written by USCIS in their site... and that is to wait for the NOA from the I130 before filing I129F... nothing in their site mentioned you can file both at the same time....

thank you....actually, i was also confused with this concurrent filing.. better to be safe..

tsokolayt

[Captain Ewok 1,871]

We will keep the guides as they are now then per the USCIS instructions.