I-130 approved, but RFE for I-129F :(

[Sangrita 0]

Hello!

We called California Service Center and found out, our I-130 has been approved, but they will send out an RFE for our 129F. The lady on the phone couldn’t tell us, what kind of additional evidence they need, we have to wait until we received a mail letter.

We also didn’t receive any mail regarding our I-130 approval and the status is still pending (so we don´t know - is it really approved?).

We asked if they would forward the approved I-130 to NVC. She said – NO – they will wait until I-129F will be approved.

I read on this board, that in cases, where I-130 is approved before the I-129F, they will forward the I-130 to the NVC.

Can anyone clarify please?

Thank you!

[radsr2002 0]

Hello!

We called California Service Center and found out, our I-130 has been approved, but they will send out an RFE for our 129F. The lady on the phone couldn’t tell us, what kind of additional evidence they need, we have to wait until we received a mail letter.

We also didn’t receive any mail regarding our I-130 approval and the status is still pending (so we don´t know - is it really approved?).

We asked if they would forward the approved I-130 to NVC. She said – NO – they will wait until I-129F will be approved.

I read on this board, that in cases, where I-130 is approved before the I-129F, they will forward the I-130 to the NVC.

Can anyone clarify please?

Thank you!

If your I130 is approved,

Then yes it will go forward to the NVC.

Maybe you left a paper out of the 129f.

But the I130 is a total differant differant visa process.

If approved. It will still go forward.

It is the better visa.

[Sangrita 0]

If approved. It will still go forward.

Thank you, I hope you´re right...

Has anyone here been in the same situation?

[Bruce H 0]

If approved. It will still go forward.

Thank you, I hope you´re right...

Has anyone here been in the same situation?

I think you should check some of the other posts here. As of about last October or so, the policy was changed so that if you do have an I-129F on file, they will not forward your I-130 to NVC unless you specifically asked for consular filing when you filled it out. They hold the I-130 since most people use the K3 and adjust status when their spouse arrives. If you want to keep the I-130 moving, there's another form you need to file and it can take a few months for it to get processed and your I-130 to continue on to NVC.

That being said, there do seem to be some exceptions here where people have seen their I-130 proceed on to NVC. Maybe it's just a glitch, or a mistake by USCIS.

Bruce

[MargotDarko 0]

If approved. It will still go forward.

Thank you, I hope you´re right...

Has anyone here been in the same situation?

I think you should check some of the other posts here. As of about last October or so, the policy was changed so that if you do have an I-129F on file, they will not forward your I-130 to NVC unless you specifically asked for consular filing when you filled it out. They hold the I-130 since most people use the K3 and adjust status when their spouse arrives. If you want to keep the I-130 moving, there's another form you need to file and it can take a few months for it to get processed and your I-130 to continue on to NVC.

That being said, there do seem to be some exceptions here where people have seen their I-130 proceed on to NVC. Maybe it's just a glitch, or a mistake by USCIS.

Bruce

As I understand it, it doesn't matter whether or not you've filed the I-129f. All that matters is which one is approved first. If the I-130 is approved first and gets to the NVC before the I-129f, then it's not held. If they're approved together, then the I-129f goes forward and the I-130 is held.

[pushbrk 12,883]

If approved. It will still go forward.

Thank you, I hope you´re right...

Has anyone here been in the same situation?

I think you should check some of the other posts here. As of about last October or so, the policy was changed so that if you do have an I-129F on file, they will not forward your I-130 to NVC unless you specifically asked for consular filing when you filled it out. They hold the I-130 since most people use the K3 and adjust status when their spouse arrives. If you want to keep the I-130 moving, there's another form you need to file and it can take a few months for it to get processed and your I-130 to continue on to NVC.

That being said, there do seem to be some exceptions here where people have seen their I-130 proceed on to NVC. Maybe it's just a glitch, or a mistake by USCIS.

Bruce

As I understand it, it doesn't matter whether or not you've filed the I-129f. All that matters is which one is approved first. If the I-130 is approved first and gets to the NVC before the I-129f, then it's not held. If they're approved together, then the I-129f goes forward and the I-130 is held.

I think the answer is we really don't know. I take it in this case, the two petitions were together through the adjuducation process, since one was approved and the other RFE'd the same day. Based on that, I would think that logically, they would not forward the I-130, since they are clearly aware of the K3 intent. BUT, we haven't seen a case like this, so I don't think we can be sure one way or the other.

What we've seen before is petitions filed earlier in the implementation of the new process, that didn't get hooked up during the adjudication process either because of errors by USCIS or delayed I-129F filing. Neither seems to be the case here.

The OP will have their answer when the NOA2 arrives.

Here's the link to the new policy.

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

Edited September 3, 2007 by pushbrk

[Quasimodo 0]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

Edited September 4, 2007 by Quasimodo

[MargotDarko 0]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

You can begin the K3 process while she's still in the country. She just needs to leave the US before her 90 days (or however long was granted) are over. I would recommend starting asap so that she can have the K3 asap.

[pushbrk 12,883]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

She should return the items she is instructed to return, promtly. Then the Consulate will schedule and interview. She must return to her country in time for the interview or before her I-94 expiration date, whichever is sooner, then re-enter on using the K3 visa, when she is ready to do so. She has two years.

[Quasimodo 0]

Thanks you MargotDarko & pushbrk, especially pushbrk, you are amazingly dedicated to this forum and answer people's questions, thank you.

Me and my wife wish to go through CR-1 / IR-1 process instead of K-3, it seems to me that I-130 saves a lot of trouble. Since both our I-130 and I-129F got approved at the same time after we reply the RFE. If we want to go with I-130, will we need to send a written notice to cancel I-129F in order to receive the package for I-130? or is it normal for the I-130 package to come later than I-129F package, we just need to wait for it?

Again, thank you guys so much for answering my questions.

Edited September 4, 2007 by Quasimodo

[pushbrk 12,883]

Thanks you MargotDarko & pushbrk, especially pushbrk, you are amazingly dedicated to this forum and answer people's questions, thank you.

Me and my wife wish to go through CR-1 / IR-1 process instead of K-3, it seems to me that I-130 saves a lot of trouble. Since both our I-130 and I-129F got approved at the same time after we reply the RFE. If we want to go with I-130, will we need to send a written notice to cancel I-129F in order to receive the package for I-130? or is it normal for the I-130 package to come later than I-129F package, we just need to wait for it?

Again, thank you guys so much for answering my questions.

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

From the horses mouth... So far all we've seen is a months long delay when the I-824 has been filed to get the I-130 moving. It's not a good option. You filed the I-129F and both are approved, so unless you wish a long delay, I think you're stuck with the K3.

[payxibka 10,045]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

She should return the items she is instructed to return, promtly. Then the Consulate will schedule and interview. She must return to her country in time for the interview or before her I-94 expiration date, whichever is sooner, then re-enter on using the K3 visa, when she is ready to do so. She has two years.

I have never completely understood this... Doesn't the K-3 have a 6 mos. validity before required use with a two year authorized stay upon entry versus a two year expiry?

Edited September 4, 2007 by fwaguy

[pushbrk 12,883]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

She should return the items she is instructed to return, promtly. Then the Consulate will schedule and interview. She must return to her country in time for the interview or before her I-94 expiration date, whichever is sooner, then re-enter on using the K3 visa, when she is ready to do so. She has two years.

I have never completely understood this... Doesn't the K-3 have a 6 mos. validity before required use with a two year authorized stay upon entry versus a two year expiry?

K3 visas have a two year validity, meaning they have two years to enter the US. Upon entry, they have a two year stay. For instance, my wife's visa expires August 8, 2008 but her I-94 expires August 31,2008.

If we take a trip to China before she gets her green card, I'm not certain when the next I-94 will expire but I expect, two years from that date. I do know that without a green card, she can enter as many times as she desires until August 8, 2008.

Edited September 4, 2007 by pushbrk

[payxibka 10,045]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

She should return the items she is instructed to return, promtly. Then the Consulate will schedule and interview. She must return to her country in time for the interview or before her I-94 expiration date, whichever is sooner, then re-enter on using the K3 visa, when she is ready to do so. She has two years.

I have never completely understood this... Doesn't the K-3 have a 6 mos. validity before required use with a two year authorized stay upon entry versus a two year expiry?

K3 visas have a two year validity, meaning they have two years to enter the US. Upon entry, they have a two year stay. For instance, my wife's visa expires August 8, 2008 but her I-94 expires August 31,2008.

If we take a trip to China before she gets her green card, I'm not certain when the next I-94 will expire but I expect, two years from that date. I do know that without a green card, she can enter as many times as she desires until August 8, 2008.

I would imagine any I-94 could not go past the original recorded two year time frame so for you any subsequent I-94 would always be locked in on August 31, 2008 date

[pushbrk 12,883]

I kind of have the similar situation. I also had RFE for I-130 and I-129F. We just recently received our NOA 2 for I-130 and I-129F together, and my wife has already received a package from US Embassy for K3 on 8/27. She is currently in US with me on VISA waiver, is it better to go back to her country and begin the K-3 process right away? Will it expire?

Thanks in advance.

She should return the items she is instructed to return, promtly. Then the Consulate will schedule and interview. She must return to her country in time for the interview or before her I-94 expiration date, whichever is sooner, then re-enter on using the K3 visa, when she is ready to do so. She has two years.

I have never completely understood this... Doesn't the K-3 have a 6 mos. validity before required use with a two year authorized stay upon entry versus a two year expiry?

K3 visas have a two year validity, meaning they have two years to enter the US. Upon entry, they have a two year stay. For instance, my wife's visa expires August 8, 2008 but her I-94 expires August 31,2008.

If we take a trip to China before she gets her green card, I'm not certain when the next I-94 will expire but I expect, two years from that date. I do know that without a green card, she can enter as many times as she desires until August 8, 2008.

I would imagine any I-94 could not go past the original recorded two year time frame so for you any subsequent I-94 would always be locked in on August 31, 2008 date

You might be right. I really don't know. It's an interesting question I don't expect to actually need an answer for. We expect to have the green card before our next trip but aren't worried if we don't.