I129F/I130 - Does One Cancel Other?

[Faizah 0]

We applied for both the I129F and I130 and both were approved. The I129F was processed and referred to the Consulate in New Delhi where my husband had his interview and the K3 visa was issued. He arrived in the United States, got his EA card and social security number. Lo and behold, the notice arrived stating that the I130 was complete and being referred to the Consulate in New Delhi for an interview. He is already here with K3 visa and AOS is in process.

What happens now? Should the I130 be stopped at this point and if so, how do we go about stopping it? Due to finances, there is just no way that we or he can return to India for the interview.

Please advise what to do as I am at my wits end.

Thanks in advance for anyone who can help us.

[SanfordnBonnie 0]

I believe I'd schedule an infopass appointment with uscis and ask them.

[Urge To Race 2]

You need the approved I130 for AOS. You should contact USCIS to have them not send it to NVC (using infopass as suggested is not a bad idea).

We applied for both the I129F and I130 and both were approved. The I129F was processed and referred to the Consulate in New Delhi where my husband had his interview and the K3 visa was issued. He arrived in the United States, got his EA card and social security number. Lo and behold, the notice arrived stating that the I130 was complete and being referred to the Consulate in New Delhi for an interview. He is already here with K3 visa and AOS is in process.

What happens now? Should the I130 be stopped at this point and if so, how do we go about stopping it? Due to finances, there is just no way that we or he can return to India for the interview.

Please advise what to do as I am at my wits end.

Thanks in advance for anyone who can help us.

[pushbrk 13,073]

We applied for both the I129F and I130 and both were approved. The I129F was processed and referred to the Consulate in New Delhi where my husband had his interview and the K3 visa was issued. He arrived in the United States, got his EA card and social security number. Lo and behold, the notice arrived stating that the I130 was complete and being referred to the Consulate in New Delhi for an interview. He is already here with K3 visa and AOS is in process.

What happens now? Should the I130 be stopped at this point and if so, how do we go about stopping it? Due to finances, there is just no way that we or he can return to India for the interview.

Please advise what to do as I am at my wits end.

Thanks in advance for anyone who can help us.

Did you send an I-864, two fees and a visa application to NVC over the past two or three months? Did the notice come from USCIS or NVC (National Visa Center)?

A timeline would have answered these questions. It's difficult to help you without a timeline.

[Debbie Alam 0]

Here is additional information regarding our timelines.

I-130 - 3/14/06 Approved

6/14/07 Received at NVC

6/18/07 Monies Received by NVC for I-864 and DS-230

6/23/07 Received Instruction Packet for I-864 and DS-230 and Returned

9/26/07 Received Notification That Processing Completed and Referral to

US Embassy/Consulate - New Delhi, India

I-129F - 2/3/06 Approved

2/17/06 Referred to US Embassy/Consulate - New Delhi, India

3/1/06 Notification of Interview

4/11/06 - Interview

4/11/06 - Request for Additional Info

4/27/06 - Request for Additional Info

5/15/06 - Request for Additional Info

12/27/06 - K3 Approved

2/13/07 - Arrived in U.S.

3/12/07 - Applied for EAD

4/12/07 - Biometrics

6/15/07 - EAD Approved

6/07 - Social Security Number Received

7/07 - I-485 Application

7/17/07 - I-485 Received by NVC

9/18/07 - Request for Additional Info

9/28/07 - Info Sent to NVC

10/4/07 - Waiting Anxiously.

I phoned the NVC, and they advised me to contact Washington, DC, for advice. I called but got no answer. I left message but it has not been returned. I advised the lady that his K3 had been approved and he was here in the United States.

Please advise how I go about contacting the appropriate office. I really don't know what to do and I don't want to mess things up at this point. Your help will be appreciated.

[pushbrk 13,073]

Here is additional information regarding our timelines.

I-130 - 3/14/06 Approved

6/14/07 Received at NVC

6/18/07 Monies Received by NVC for I-864 and DS-230

6/23/07 Received Instruction Packet for I-864 and DS-230 and Returned

9/26/07 Received Notification That Processing Completed and Referral to

US Embassy/Consulate - New Delhi, India

I-129F - 2/3/06 Approved

2/17/06 Referred to US Embassy/Consulate - New Delhi, India

3/1/06 Notification of Interview

4/11/06 - Interview

4/11/06 - Request for Additional Info

4/27/06 - Request for Additional Info

5/15/06 - Request for Additional Info

12/27/06 - K3 Approved

2/13/07 - Arrived in U.S.

3/12/07 - Applied for EAD

4/12/07 - Biometrics

6/15/07 - EAD Approved

6/07 - Social Security Number Received

7/07 - I-485 Application

7/17/07 - I-485 Received by NVC

9/18/07 - Request for Additional Info

9/28/07 - Info Sent to NVC

10/4/07 - Waiting Anxiously.

I phoned the NVC, and they advised me to contact Washington, DC, for advice. I called but got no answer. I left message but it has not been returned. I advised the lady that his K3 had been approved and he was here in the United States.

Please advise how I go about contacting the appropriate office. I really don't know what to do and I don't want to mess things up at this point. Your help will be appreciated.

Ok, so even though she was already here on a K3 visa, you continued the CR1 process and paid fees for a visa you never intended to pursue, at the same time filing EAD and AOS. Interesting. At this point, you won't see any refund of fees paid to NVC, so you can just not show up for the interview and continue with the status adjustment. Your approved I-130 needs to get back to the service center so it can be used in conjunction with your AOS. I would notify DOS ASAP so your AOS isn't delayed any longer than it already will be.

Edited October 4, 2007 by pushbrk

[Dakine 26]

We applied for both the I129F and I130 and both were approved. The I129F was processed and referred to the Consulate in New Delhi where my husband had his interview and the K3 visa was issued. He arrived in the United States, got his EA card and social security number. Lo and behold, the notice arrived stating that the I130 was complete and being referred to the Consulate in New Delhi for an interview. He is already here with K3 visa and AOS is in process.

What happens now? Should the I130 be stopped at this point and if so, how do we go about stopping it? Due to finances, there is just no way that we or he can return to India for the interview.

Please advise what to do as I am at my wits end.

Thanks in advance for anyone who can help us.

To bad you already filed for AOS or you could go back and do the I-130 interview and not deal with all the BS and money that goes with a K3 adjusting status.

You may have ended up with the GC sooner and with a lot less hassle than you will doing the current AOS.

Don't know if you could do it now tho.

[Debbie Alam 0]

"Ok, so even though she was already here on a K3 visa, you continued the CR1 process and paid fees for a visa you never intended to pursue, at the same time filing EAD and AOS. Interesting. At this point, you won't see any refund of fees paid to NVC, so you can just not show up for the interview and continue with the status adjustment. Your approved I-130 needs to get back to the service center so it can be used in conjunction with your AOS. I would notify DOS ASAP so your AOS isn't delayed any longer than it already will be."

Thank you for your advice. The continued processing of the CR1 and payment of fees was done through sheer ignorance on my part. I am surely ignorant on this!!! Please advise how to notify DOS to return approved I-130 to Service Center. Who is DOS? It was sent by the NVC to Delhi.

[Reba 2]

DOS = Department of State.