we sent I-130 and I-129 same day

[wendyhigh 0]

hi everyone...

we are applying for K3

and sent the I-130 and I-129 on the same day to the same place (california service center)

and now we got the NOA of I-129

what should we do now?

we are supposed to get NoA of I-130 right!!!!

is everything ok now?

[pushbrk 13,044]

hi everyone...

we are applying for K3

and sent the I-130 and I-129 on the same day to the same place (california service center)

and now we got the NOA of I-129

what should we do now?

we are supposed to get NoA of I-130 right!!!!

is everything ok now?

No, it is not ok. You will soon be receiving a request for the NOA1 from the I-130. You must have that first and include it with your I-129F filing for K3. Sending them the same day doesn't work. There's no telling how long it will take them to ask for it but you can be certain no progress will be made until they get it. Your I-129F was supposed to be sent to a PO Box in Chicago. I'm surprised they accepted it in California, even though it was destined to end up there eventually anyway.

Those "instructions" are pesky things but well worth a close read.

Of course, what would really be cool is if I'm wrong and they somehow marry that NOA1 up with the K3 case. Don't hold your breath.

Edited April 1, 2007 by pushbrk

[wendyhigh 0]

the problem is ..how come they approved our I129 first since we haven't got the NOA of I130 and sent that copy to them?

[alohaspirit 0]

hi everyone...

we are applying for K3

and sent the I-130 and I-129 on the same day to the same place (california service center)

and now we got the NOA of I-129

what should we do now?

we are supposed to get NoA of I-130 right!!!!

is everything ok now?

What visa he/she came in the US with?

[Mononoke28 135]

the problem is ..how come they approved our I129 first since we haven't got the NOA of I130 and sent that copy to them?

If you only got an NOA1 for the I-129F, then it has not been approved yet. That only means that they received it and haven't even worked on it yet. Once they get to it they will see that it is not a petition for a K-1 visa and then will probably contact you regarding your I-130 (hopefully).

[wendyhigh 0]

i really don't know what to do now...

cuz we put everything in that package-I-130,I-129, marriage certificate..everything they list in one big package

and sent to CA service center...

and now we got the NOA1 of I-129....

help!!!!!!!

[ufc_cat 0]

you better call them and explain the mistake...and send a letter

[sunset2005 0]

that is interesting. I guess at this point there is not much to do until you hear from the USCIS. In order to file for your K3, you must enclose a copy of the NOA with the I129F and that is supposed to be mailed at Chicago. The worst that can happen is that they return your K3 to you and you will just need to wait until you get your NOA from the I130. Hopefully it all works out!

i really don't know what to do now...

cuz we put everything in that package-I-130,I-129, marriage certificate..everything they list in one big package

and sent to CA service center...

and now we got the NOA1 of I-129....

help!!!!!!!

[beameup 0]

The instructions for filing come with the downloaded forms - about 3 pages, step-by-step. Just read those instructions and they should explain everything to you. If they accepted the I-129 without a NOA1 then they disobeyed their own instructions.

hi everyone...

we are applying for K3

and sent the I-130 and I-129 on the same day to the same place (california service center)

and now we got the NOA of I-129

what should we do now?

we are supposed to get NoA of I-130 right!!!!

is everything ok now?

[Yodrak 7]

wendyhigh,

Interesting. I would not be surprised if you have no problem at all as a result of doing what you've done. Nor would I be surprised if you do have a problem, but the fact that the the CSC sent you a Receipt Notice for your I-129f is encouraging.

When submitting an I-129f for a spouse one must include evidence that they have filed an I-130 petition. Most people take this to mean that one must include the Receipt Notice for the I-130, but that is not what the instruction says.

Up until not too long ago, when the NBC processed I-129f for spouse and the 4 regional Service Centers processed the I-130 you probably would have created a problem. But these days the I-130s are processed only at the CSC and the VSC, and the NBC forwards the I-129f to the same SC that has the I-130. So what you've done is cut out the middle man and provided the best possible evidence of having submitted an I-130 - the I-130 submission itself.

So far, it appears that the CSC is not going to complain about your approach.

Let us know what happens next. But please do start using the correct nomenclature for your petition - I-129 is a petition for an alien worker.

Yodrak

i really don't know what to do now...

cuz we put everything in that package-I-130,I-129, marriage certificate..everything they list in one big package

and sent to CA service center...

and now we got the NOA1 of I-129....

help!!!!!!!

[Yodrak 7]

72maureen,

Not true. One must enclose evidence that they filed an I-130. It's quite possible that evidence other than the Receipt Notice could be considered acceptable.

Yodrak

..... In order to file for your K3, you must enclose a copy of the NOA with the I129F .....

[meauxna 15]

I am officially re-confused.

I remember going through this a couple of times, and I thought this was your position, then I think I remember reading differently, based on this instruction from uscis.gov:

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

How Do I Apply?

So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:

I realize that the form instructions are not this explicit and leave the door open for alternate interpretations, but this instruction above seems pretty rigid. Did you find something else in the INA or elsewhere that contradicts it?

72maureen,

Not true. One must enclose evidence that they filed an I-130. It's quite possible that evidence other than the Receipt Notice could be considered acceptable.

Yodrak

..... In order to file for your K3, you must enclose a copy of the NOA with the I129F .....

[wendyhigh 0]

yea...they seem to accept that i put everything in one package...

cuz I-129 sometimes is transferred back to CA service..

maybe they think i just take the short cut or sth and didn't complaint about it

[Yodrak 7]

meauxna,

I think that the INA supports the form instruction and does not support the USCIS How Do I - it does not say that the Receipt Notice from the I-130 is required to be submitted with the I-129f. Further, I think the USCIS web site guidelines pages (like many VJ posters) tend to present the usual way as the only way and do not recognize or point out that sometimes there are uncommon ways that are also valid.

In this particular case, Wendyhigh has a slightly different situation in that she submitted I-130 and I-129f simultaneously. She may have been lucky that the person who opened her submissions package was not as much of a drone as many VJers seem to think all USCIS staff and contractors are. What appears so far to be happening here seems quite consistent with the procedure for adjusting status for a married couple already in the USA (not on a K visa) or for a K1 applying for EA and AP - if the prerequisite petition or application is submitted alone, the Receipt Notice is normally submitted with the dependent applications as evidence that the prerequisite petition or application has been submitted. Alternatively, the dependent applications can be submitted simultaneously with the prerequisite petition or application.

Yodrak

I am officially re-confused.

I remember going through this a couple of times, and I thought this was your position, then I think I remember reading differently, based on this instruction from uscis.gov:

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

How Do I Apply?

So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen's place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:

I realize that the form instructions are not this explicit and leave the door open for alternate interpretations, but this instruction above seems pretty rigid. Did you find something else in the INA or elsewhere that contradicts it?

72maureen,

Not true. One must enclose evidence that they filed an I-130. It's quite possible that evidence other than the Receipt Notice could be considered acceptable.

Yodrak

..... In order to file for your K3, you must enclose a copy of the NOA with the I129F .....

Edited April 3, 2007 by Yodrak

[Niels Bohr 72]

Yodrak,

I thought that the form I-120f says that if you're submitting this form for K-3, you need to show proof that you have already filed I-130.