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I-130 approved, I-129 denied...go figure

By Partybuddha in K-3 Spouse Visa Process & Procedures

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Partybuddha Rookie

Partybuddha   0

Posted
Filed: Timeline
Posted

We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

daboyz Experienced

daboyz   36

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
 Timeline
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

First of all:

:time:

Second, if your I-130 was approved, why would even want to bother with a K visa? Go for the IR-1/CR-1.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Y's_habibitk Mentor

Y's_habibitk   2

Posted
Filed: AOS (apr) Country: Jordan
 Timeline
Posted

The k3 cannot be filed once your 130(cr1) is approved.

You dont have a choice to file for a k3, its defeating the purpose of the k3 visa anyway to want to file AFTER the 130 is approved.

Just go with it and be glad you got "approved within a few weeks".

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

Dakine Veteran

Dakine   26

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Are you doing a DCF at USEM?

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

pushbrk Grand Master

pushbrk   12,914

Posted
Filed: Other Country: China
 Timeline
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Partybuddha Rookie

Partybuddha   0

Posted
Filed: Timeline
  • Author
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Are you doing a DCF at USEM?

What's DCF?

We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

But she does not have a visa to enter the US...

Partybuddha Rookie

Partybuddha   0

Posted
Filed: Timeline
  • Author
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Are you doing a DCF at USEM?

Do we have a choice? I assumed USEM but what does Direct Consular Filing mean?

pushbrk Grand Master

pushbrk   12,914

Posted
Filed: Other Country: China
 Timeline
Posted (edited)
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

You have not read and understood the CR1 process. It's the one you are currently following, whether you understand it now or not. Please read the CR1 guide. The process starts by filing the petition with a USCIS service center in the US, but once approved the I-130 goes to NVC and on to an Embassy or Consulate abroad. If your I-130 is not at the NVC now, it will be soon.

DCF (Direct Consular Filing) is only available when you are residing abroad for at least six months. (varies somewhat by country) With an I-130 already approved, it doesn't matter anymore whether you ever had that option. You just follow the path you're on.

Your lawyer may be nearly as confused as you are. Fire the lawyer.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Partybuddha Rookie

Partybuddha   0

Posted
Filed: Timeline
  • Author
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

You have not read and understood the CR1 process. It's the one you are currently following, whether you understand it now or not. Please read the CR1 guide. The process starts by filing the petition with a USCIS service center in the US, but once approved the I-130 goes to NVC and on to an Embassy or Consulate abroad. If your I-130 is not at the NVC now, it will be soon.

DCF (Direct Consular Filing) is only available when you are residing abroad for at least six months. (varies somewhat by country) With an I-130 already approved, it doesn't matter anymore whether you ever had that option. You just follow the path you're on.

Your lawyer may be nearly as confused as you are. Fire the lawyer.

Isn't that what filing the I-824 does? Why do you say that it does us no good? Our lawyer by the way is not charging us any more than he originally was.

CaNdiD wiTcH Proficient

CaNdiD wiTcH   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

I believe you are in the Philippines? Baguio is in the northern part of our country.

Anyway, the replies of people in here were all right!!!

I understand that USCIS already approved your I-130 (CR1/IR1) and that is the reason why they have denied your I-129 (K3). I have no idea what is I-824 but all I know is that the next step is to deal with NVC. You could ask your lawyer for the copy of approval. If you would deal with NVC then it would not take you till early 2010 to finish..

I promise to love you in good times and in bad, with all I have to give and all that I am, in the only way I know how -- completely and forever......

Dakine Veteran

Dakine   26

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

You have not read and understood the CR1 process. It's the one you are currently following, whether you understand it now or not. Please read the CR1 guide. The process starts by filing the petition with a USCIS service center in the US, but once approved the I-130 goes to NVC and on to an Embassy or Consulate abroad. If your I-130 is not at the NVC now, it will be soon.

DCF (Direct Consular Filing) is only available when you are residing abroad for at least six months. (varies somewhat by country) With an I-130 already approved, it doesn't matter anymore whether you ever had that option. You just follow the path you're on.

Your lawyer may be nearly as confused as you are. Fire the lawyer.

Isn't that what filing the I-824 does? Why do you say that it does us no good? Our lawyer by the way is not charging us any more than he originally was.

READ the GUIDES!!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

daboyz Experienced

daboyz   36

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
 Timeline
Posted

Look here. This explains everything for the NVC process.

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

pushbrk Grand Master

pushbrk   12,914

Posted
Filed: Other Country: China
 Timeline
Posted (edited)
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

You have not read and understood the CR1 process. It's the one you are currently following, whether you understand it now or not. Please read the CR1 guide. The process starts by filing the petition with a USCIS service center in the US, but once approved the I-130 goes to NVC and on to an Embassy or Consulate abroad. If your I-130 is not at the NVC now, it will be soon.

DCF (Direct Consular Filing) is only available when you are residing abroad for at least six months. (varies somewhat by country) With an I-130 already approved, it doesn't matter anymore whether you ever had that option. You just follow the path you're on.

Your lawyer may be nearly as confused as you are. Fire the lawyer.

Isn't that what filing the I-824 does? Why do you say that it does us no good? Our lawyer by the way is not charging us any more than he originally was.

No! You don't need an I-824. Fire the lawyer and read the guide for CR1. If your... I-130... is... not... already... at... NVC, ... it... will... be... soon.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Partybuddha Rookie

Partybuddha   0

Posted
Filed: Timeline
  • Author
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

You have not read and understood the CR1 process. It's the one you are currently following, whether you understand it now or not. Please read the CR1 guide. The process starts by filing the petition with a USCIS service center in the US, but once approved the I-130 goes to NVC and on to an Embassy or Consulate abroad. If your I-130 is not at the NVC now, it will be soon.

DCF (Direct Consular Filing) is only available when you are residing abroad for at least six months. (varies somewhat by country) With an I-130 already approved, it doesn't matter anymore whether you ever had that option. You just follow the path you're on.

Your lawyer may be nearly as confused as you are. Fire the lawyer.

Isn't that what filing the I-824 does? Why do you say that it does us no good? Our lawyer by the way is not charging us any more than he originally was.

No! You don't need an I-824. Fire the lawyer and read the guide for CR1. If your... I-130... is... not... already... at... NVC, ... it... will... be... soon.

Okay, I'm starting to get it. If not the i-824, how are we supposed to get an interview in Manila?

Look here. This explains everything for the NVC process.

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

Thank you.

We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

I believe you are in the Philippines? Baguio is in the northern part of our country.

Anyway, the replies of people in here were all right!!!

I understand that USCIS already approved your I-130 (CR1/IR1) and that is the reason why they have denied your I-129 (K3). I have no idea what is I-824 but all I know is that the next step is to deal with NVC. You could ask your lawyer for the copy of approval. If you would deal with NVC then it would not take you till early 2010 to finish..

My wife is finishing up her contract on a cruise ship at the end of May and then I'm flying out in July. If we deal with the NVC, how do we get an interview in Manila?

daboyz Experienced

daboyz   36

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
 Timeline
Posted
We were approved for the I-130 within a few weeks and then the I-129 was denied because the I-130 was not pending. Our lawyer says we should go for the I-824 and early 2010 is optimistic. So we're packing up and we're moving to Baguio until the interview. Any thoughts?

Yes, fire this lawyer, get your file back from him and contact NVC to pursue the CR1 visa. K3 is dead anyway. The lawyer just wants to perform services (for mor fees) that are not needed. An I-824 will not help you and is not needed.

The CR-1 is used when the I-130 is processed at an embassy/consulate, ours was processed in the states.

You have not read and understood the CR1 process. It's the one you are currently following, whether you understand it now or not. Please read the CR1 guide. The process starts by filing the petition with a USCIS service center in the US, but once approved the I-130 goes to NVC and on to an Embassy or Consulate abroad. If your I-130 is not at the NVC now, it will be soon.

DCF (Direct Consular Filing) is only available when you are residing abroad for at least six months. (varies somewhat by country) With an I-130 already approved, it doesn't matter anymore whether you ever had that option. You just follow the path you're on.

Your lawyer may be nearly as confused as you are. Fire the lawyer.

Isn't that what filing the I-824 does? Why do you say that it does us no good? Our lawyer by the way is not charging us any more than he originally was.

No! You don't need an I-824. Fire the lawyer and read the guide for CR1. If your... I-130... is... not... already... at... NVC, ... it... will... be... soon.

Okay, I'm starting to get it. If not the i-824, how are we supposed to get an interview in Manila?

Look here. This explains everything for the NVC process.

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

Thank you.

Not sure where you keep getting I-824. I-824 has nothing to do with this. NVC will be sending your lawyer a $400 bill for the Immigrant Visa fee, and a $70 bill for the Affidavit of Support. Might be good to get those money orders together now. Make them out to U.S. Department of State.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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