Sending I-129 Form before receiving the I130 Receipt? (Vermont Center)

[dodson01 0]

[i am glad you received your NOA1 for 129F, but I called USCIS to confirm if I can do this and they said although I will get NOA1 for 129F I might have two cases open and she recommended against it and asked me to wait instead. Again, I am not an expert I am not really sure who is right and what is faster, but I figured I should share this since I called USCIS with same exact question. I am going to wait I feel like I am almost there why mess up now.

Of course we would have 2 cases open -- one for I-130 and one for I-129f. We will choose whichever one is faster knowing that there is a chance that the I-130 will be held and he will have to go with the I-129f.

[pushbrk 12,881]

Of course we would have 2 cases open -- one for I-130 and one for I-129f. We will choose whichever one is faster knowing that there is a chance that the I-130 will be held and he will have to go with the I-129f.

Yes, we don't call it the USCIS misinformation line for nuttin.

[dadiss 0]

[i am glad you received your NOA1 for 129F, but I called USCIS to confirm if I can do this and they said although I will get NOA1 for 129F I might have two cases open and she recommended against it and asked me to wait instead. Again, I am not an expert I am not really sure who is right and what is faster, but I figured I should share this since I called USCIS with same exact question. I am going to wait I feel like I am almost there why mess up now.

I called USCIS too and they recommend not to send it. They told me if i go ahead and send the I-129F form without the I-130 receipt it will be rejected as it is directed toward a K3 visa. I am not sure how the process of K3 visa work and if they link the two form via the case number from the I-130 application that comes first or they are completly separate. If they are completly separate then it won't heart to send the I-129F the worst case it will be rejected and there is no fee involved.

I will wait anoter week in a hope that Vermont center will move those I-130 receipt first and then try.

thanks for all your relpy VJs

Abdou

[pushbrk 12,881]

I called USCIS too and they recommend not to send it. They told me if i go ahead and send the I-129F form without the I-130 receipt it will be rejected as it is directed toward a K3 visa. I am not sure how the process of K3 visa work and if they link the two form via the case number from the I-130 application that comes first or they are completly separate. If they are completly separate then it won't heart to send the I-129F the worst case it will be rejected and there is no fee involved.

I will wait anoter week in a hope that Vermont center will move those I-130 receipt first and then try.

thanks for all your relpy VJs

Abdou

It's up to you, but we don't call it the misinformation line for nothing. I say, just do it as described earlier in the thread. It will save time and stress.

[dodson01 0]

I completely agree that it is up to the individual.

My son-in-law is fully prepared to go with the K-3 and adjust status here if he needs to. Since we have requested consular processing for both, we are willing to take the chance that the I-130 will be held up here and that he will have to go the route of the K-3 and pay the extra fees.

The only thing I am saying is that we filed the I-130 on August 15 (receipt date) and they still have not cashed our check nor have we received the NOA1. We have already received the NOA1 for the I-129f and there was a touch on October 3. They very well may hold up our I-129f and process it along with the I-130 -- it is a chance that we will have to take. However, there is also a chance that the I-129f could be processed within the next several months while we are still waiting for the NOA1 for the I-130 since Vermont is still working on July 29 receipt applications and it doesn't look like we will be getting the NOA1 for the I-130 until late November.

It is a personal choice and may not be sufficient for everyone.

As far as the process goes, they are 2 separate applications and will remain 2 separate applications. Just because you file them together or apart doesn't at any time mean that they become 1 sole application.

[pushbrk 12,881]

I completely agree that it is up to the individual.

My son-in-law is fully prepared to go with the K-3 and adjust status here if he needs to. Since we have requested consular processing for both, we are willing to take the chance that the I-130 will be held up here and that he will have to go the route of the K-3 and pay the extra fees.

The only thing I am saying is that we filed the I-130 on August 15 (receipt date) and they still have not cashed our check nor have we received the NOA1. We have already received the NOA1 for the I-129f and there was a touch on October 3. They very well may hold up our I-129f and process it along with the I-130 -- it is a chance that we will have to take. However, there is also a chance that the I-129f could be processed within the next several months while we are still waiting for the NOA1 for the I-130 since Vermont is still working on July 29 receipt applications and it doesn't look like we will be getting the NOA1 for the I-130 until late November.

It is a personal choice and may not be sufficient for everyone.

As far as the process goes, they are 2 separate applications and will remain 2 separate applications. Just because you file them together or apart doesn't at any time mean that they become 1 sole application.

Um, they remain separate but they are not applications. They are petitions. When approved, the foreign spouse may "apply" for a visa.

[ding 1]

Ding,

Can you post the official link where it says that..........both can be filed together. No use to me now but I can put it front of my lawyer so at least she can have someone else benefit in future.

Thanks

Sure, it's in my sig line actually, the main body of link I was talking about is here;

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. 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).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

[sahil908 0]

I took pushbrk and dodson1's advice and I filed I129F without NOA1 notice. I don't even have a mailing reciept, I sent it with a copy of the check I sent to USCIS and copy of I-130 itself. They accepted it and sent me NOA1 for 129F. Still waiting for NOA1 for I-130. Thank you guys atleast I was able to file 129F.

[dodson01 0]

I took pushbrk and dodson1's advice and I filed I129F without NOA1 notice. I don't even have a mailing reciept, I sent it with a copy of the check I sent to USCIS and copy of I-130 itself. They accepted it and sent me NOA1 for 129F. Still waiting for NOA1 for I-130. Thank you guys atleast I was able to file 129F.

Congratulations. Considering our timeline, you are going to be at least 3 months ahead of the I-130 unless they hold your I-129 and process along with the I-130.

We filed I-130 on August 15, check has not been cashed, and we are still waiting for the NOA1. We filed I-129F on September 16, received NOA1 on September 18, and at least I know some action is being taken because there was a touch on October 3. What that "touch" was I don't know.

However, at least I am able to monitor the I-129f. Considering that Vermont has gone back 5 days in processing receipt delays, we might not hear anything about our I-130 until another 2 months.

[sahil908 0]

I think people who are still waiting for their I130 NOA1 to file I129F should know about this. I would be more than happy to help anyone in a similar situation.

[dodson01 0]

I think people who are still waiting for their I130 NOA1 to file I129F should know about this. I would be more than happy to help anyone in a similar situation.

As you will see from the earlier posts, you cannot make them do it if they refuse to read the instructions. I have tried every way possible to tell them that the receipt notice for the I-130 does not have to be sent but rather they are only asking for "evidence" that the I-130 was filed. As they say, "you can lead a horse to water, but you can't make him drink."

I gave very specific instructions on how to do it.

[twolove 0]

Hi everyone,

It’s getting very annoying to wait until Friday when the USCIS update there processing time to find no change. It’s been 5 weeks since Vermont has made any progress in the I-130 form.

I am becoming very impatient waiting for the I-130 Receipt, so my question is this:

Does anyone knows what will happened if I send the I-129F form without waiting for the I-130 receipt and send the Postal delivery proof instead as proof of I130 submission ?

Will this create any confusion or delay the process or just won’t heart to try?

Thanks for any one who can help with this question and good luck for all VJ user waiting to join their lovers

Abdou

let me know how its going please im on that boat too waiting since july 27 for noa 1 from i -130.... and i want to send 129 as soon as i can...thanx

[sahil908 0]

I gave very specific instructions on how to do it.

That you did.

[sahil908 0]

Abdou

let me know how its going please im on that boat too waiting since july 27 for noa 1 from i -130.... and i want to send 129 as soon as i can...thanx

You need copies of mail reciept, I-130 and check you mailed to USCIS. You can prepare a cover letter include everything you sent in with original I-130 and request to waive fee. Thats it!

[dodson01 0]

[Japanlover: No need to wait for that NOA1 for I-130. Read the instructions I posted earlier in this thread. You will definitely be okay.

Sahil908 followed the instructions and received their NOA1 for I-129f already. I received mine in 2 days. If you want to go with the I-129f and you don't care about getting that processed faster and spending the extra money, then go for it. It looks like it is going to be quite some time before you received the NOA1 for the I-130 so I wouldn't hold out hope anytime soon.