I-130 NOA2 Wording...

[Urge To Race 2]

I wish you the best of luck, and I really do hope this works out for you. But, what the CSR said does not fit with their stated policy. The stated policy says that you can still get consular processing of an I130 with a K3 if you clearly indicate you want consular processing on the petition. Unfortunately, nobody on VJ has reported successfully doing this. As Cheryl noted, LvivLovers tried to clearly request it, but the I130 got sent to NRC anyway, and only the I!29F went to NVC.

I just got off the phone with USCIS and after explaining the situtation to two customer service reps. the 2nd one told me that if my I-130 clearly stated that my husband is not living in the US then they would forward it to NVC and I wouldn't have to file the I-824 and pay. But it would take several more weeks for them to process it because it's a "very busy time with the holiday's". I sure hope he knew what he was talking about.

Yes, that was the old way. That was what I had hoped for too, a good race for two petitions, but USCIS killed that before it started. The new way is filing the I129F locks you into K3.

Oh, by the way...my attorney originally told me, if we file both I-130 & I-129F we'll decide on which visa to proceed with after we see which one gets approved first. They said I'd have a choice.

Again, the stated policy can be found here.

[Almoto 0]

Thank you for that information, I'll be sure to send it to my attorney....maybe he'll give me a credit on his next bill for his mess up, ya sure like that would ever happen.

Looks like our timelines are about the same, hope all goes well with yours.