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Tareq

Waiting for I-130 Receipt to file K3 - Need some guidance

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Filed: K-3 Visa Country: Pakistan
Timeline

I have been reading through these forums and would like to thank all those who contribute their valuable time trying to help others.

This is my first post so let me start by including my timeline:

02/17/2007: Got married :P

04/11/2007: Mailed I-130 to Texas Service Center (USPS Express Mail)

04/12/2007: I-130 received by TSC (Delivery Confirmation)

04/25/2007: $190 check cleared

05/21/2007: Called USCIS 800 customer server number to find out why I have not yet received the a receipt for my I-130. Was told to just hang in there and it should come by June sometime. They said a receipt is not generated yet.

06/01/2007: Called again and was again told that a receipt was not even mailed yet but they will go ahead and get a duplicate issued so I can file K3. I was told that I should get the duplicate receipt within 5 business days.

Current: Still waiting for NOA1 for I-130 so I can file K3 :help:

In short, I have been waiting since April 12 for USCIS to send me a receipt for my I-130 application so that I can file K3 for my wife. It has been well over a month since they received my application and since they cashed the check for the I-130 application fee. I had to call the 800 customer service number to find out that the stamped numbers starting with letters WAC on the back of my check is my case number.

When I pulled its status on USCIS website on 05/21/2007, this is what it read:

Receipt Number: WAC 07149XXXX

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Approval notice sent.

On April 27, 2007, we mailed you a notice that we have approved this OS155A IMMIGRANT VISA AND ALIEN REGISTRATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I was not sure how it could be approved so fast so when I initially called USCIS (on 05/21/2007), they told me to just ignore what the case status page says and wait for a receipt to file my K3. However after a couple of days, the case status started showing following text and still reads this:

Receipt Number: WAC 07149XXXX

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On April 24, 2007, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

My question is: How long should I wait for the I-130 receipt? What are my options if I do not receive the receipt (NOA1) for I-130 at all? I have already confirmed they have the correct address for me so it is definitely not lost in the mail.

Also, I have read conflicting information about whether I should be able to file a K3 without the copy of actual NOA for I-130. USCIS own website and the instructions for I-129F states that I should include "evidence" that I have filed I-130 – it does not specifically ask for a receipt notice. Another immigration portal site (Link here) says that I should include "Copy of evidence that you filed Form I-130… Preferably, I-797C, Notice of Action, Receipt Notice"

Don't I have sufficient evidence since I already have a case number that I can check status for? Should a print out of case status from USCIS website and copy of both sides of the check be sufficient evidence? Is there anyone who has filed I-129F without sending copy of I-130 receipt? Should I indefinitely just wait for the I-130 receipt before filing I-129F? I need some suggestions and guidance from everyone here.

Thanks in advance!

Edited by Tareq
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Filed: Timeline

Tareq,

If I were in your situation and wanted to pursue the K3 route I would not wait any longer for a Receipt Notice for my I-130. I would include a photocopy of the I-130 on-line status notice, a photocopy of the I-130 petition (perhaps even a photocopy of the entire I-130 submission), and a letter of explanation with the I-129f in lieu of a Receipt Notice.

Yodrak

I have been reading through these forums and would like to thank all those who contribute their valuable time trying to help others.

This is my first post so let me start by including my timeline:

02/17/2007: Got married

04/11/2007: Mailed I-130 to Texas Service Center (USPS Express Mail)

04/12/2007: I-130 received by TSC (Delivery Confirmation)

04/25/2007: $190 check cleared

05/21/2007: Called USCIS 800 customer server number to find out why I have not yet received the a receipt for my I-130. Was told to just hang in there and it should come by June sometime. They said a receipt is not generated yet.

06/01/2007: Called again and was again told that a receipt was not even mailed yet but they will go ahead and get a duplicate issued so I can file K3. I was told that I should get the duplicate receipt within 5 business days.

Current: Still waiting for NOA1 for I-130 so I can file K3

In short, I have been waiting since April 12 for USCIS to send me a receipt for my I-130 application so that I can file K3 for my wife. It has been well over a month since they received my application and since they cashed the check for the I-130 application fee. I had to call the 800 customer service number to find out that the stamped numbers starting with letters WAC on the back of my check is my case number.

When I pulled its status on USCIS website on 05/21/2007, this is what it read:

Receipt Number: WAC 07149XXXX

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Approval notice sent.

On April 27, 2007, we mailed you a notice that we have approved this OS155A IMMIGRANT VISA AND ALIEN REGISTRATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I was not sure how it could be approved so fast so when I initially called USCIS (on 05/21/2007), they told me to just ignore what the case status page says and wait for a receipt to file my K3. However after a couple of days, the case status started showing following text and still reads this:

Receipt Number: WAC 07149XXXX

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On April 24, 2007, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

My question is: How long should I wait for the I-130 receipt? What are my options if I do not receive the receipt (NOA1) for I-130 at all? I have already confirmed they have the correct address for me so it is definitely not lost in the mail.

Also, I have read conflicting information about whether I should be able to file a K3 without the copy of actual NOA for I-130. USCIS own website and the instructions for I-129F states that I should include "evidence" that I have filed I-130 – it does not specifically ask for a receipt notice. Another immigration portal site (Link here) says that I should include "Copy of evidence that you filed Form I-130… Preferably, I-797C, Notice of Action, Receipt Notice"

Don't I have sufficient evidence since I already have a case number that I can check status for? Should a print out of case status from USCIS website and copy of both sides of the check be sufficient evidence? Is there anyone who has filed I-129F without sending copy of I-130 receipt? Should I indefinitely just wait for the I-130 receipt before filing I-129F? I need some suggestions and guidance from everyone here.

Thanks in advance!

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Filed: Other Country: China
Timeline

I would print a copy of the status notification with the case number to use in place of the notice you didn't receive. In your cover letter, just include a short not indicating you never received the notice mentioned and file and list what you are using for evidence of filing.

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Filed: K-3 Visa Country: India
Timeline

Yea, at the worst case they will issue you an RFE to send your NOA1, you can send it then, atleast you will be earlier in the line than if you wait till you recieve your NOA1.

Good luck

K-3 Visa

Event Date

Service Center : California Service Center

Consulate : Chennai, India

2007-02-25 : Marriage

2007-03-14 : I-130 Sent

2007-03-18 : I-130 Transferred to CSC

2007-03-31 : I-130 NOA 1 (Recieved in mail)

2007-08-23 : I-130 NOA 2 (Recived email from CRIS)

I129F

2007-04-02 : I-129F Sent to Chicago

2007-04-09 : I-129F NOA 1

2007-04-25 : I-129F Touched I129 transferred to CSC

2007-05-21 : I-129F Touched I129 Recieved at CSC

2007-08-23 : I-129F NOA 2 (Approved, recieved email from CRIS)

2007-09-24 : I-129F Recieved at NVC and Case Number assigned.

2007-09-26 : I-129F Left NVC and on its way to Chennai.

2007-10-05 : Chennai Embassy Recieved our Case

2007-11-01 : Interview date, K3 Visa issued with absolutely no questions.

2007-11-11 : POE JFK took less than half hour

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Filed: K-3 Visa Country: Pakistan
Timeline

Thanks for those who have responded so far. I will wait and check mail today and if I do not receive NOA1 for I-130 even today, I will go ahead and file I-129F on Monday with the following:

  • Form I-129F with its application fee.
  • Cover letter stating that I am including evidence that I have filed I-130. As evidence, I will include following:
    1. Print-out from USCIS case status website for my case that includes my I-130 case number
    2. Copy of both sides of the cashed check showing I-130 application fee was received by USCIS on April 25, 2007
    3. USPS delivery confirmation that I-130 was delivered on April 12, 2007

    [*]All other required documents that normally go with I-129F for a spousal K3 application.

What do you all think?

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Filed: K-3 Visa Country: Pakistan
Timeline
I'm in the exact same situation as you. I'll be watching the response to get guidance.

Hi iray,

When did you file the I-130? Please give us your timeline. Did you send your application to the Texas Service Center?

Thanks!

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Filed: K-3 Visa Country: China
Timeline
I'm in the exact same situation as you. I'll be watching the response to get guidance.

Hi iray,

When did you file the I-130? Please give us your timeline. Did you send your application to the Texas Service Center?

Thanks!

Tareq,

I filed the I-130 on April 26 (Nebraska Service Center). I basically went through the same senario as you. I have the online status report that says they received my I-130 on May 21. Although I have the postal receipt that shows they got in Apr. 26. I also called, and they say "wait 30 days".

I'm thinking the same as you. If I do not get anything in the next two days, I will file the 129 with the same evidence that you mention.

Keep me posted.

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Filed: Timeline

iray,

Point of clarification: The postal receipt tells you when USPS delivered it to the mailroom. The online status report tells you when a clerk opened the package and logged it in. Usually these dates may be a day or two apart, perhaps your package was lost in a corner somewhere for a while.

Yodrak

..... I have the online status report that says they received my I-130 on May 21. Although I have the postal receipt that shows they got in Apr. 26. .....
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Filed: K-3 Visa Country: China
Timeline
iray,

Point of clarification: The postal receipt tells you when USPS delivered it to the mailroom. The online status report tells you when a clerk opened the package and logged it in. Usually these dates may be a day or two apart, perhaps your package was lost in a corner somewhere for a while.

Yodrak

..... I have the online status report that says they received my I-130 on May 21. Although I have the postal receipt that shows they got in Apr. 26. .....

Yodrak

Thanks for that info. Yeah, my package was lost in a corner somewhere for almost a month!! :wacko:

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Filed: Citizen (pnd) Country: Canada
Timeline

Tareq, Nice thread and very thorough explanation. I am not going to wait as long as you did if i am faced with the same situation. I will wait 30 days and then file for K3 with evidence assuming i can get the case number. Is there any other way of getting the EAC/WAC number if the cash has not been cashed after 30 days?

PS There are many cases when the check is cashed after delivery of NOA1.

I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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Personally, I would have hoped to saved and made notarized copies of all my petition

and placed the copies as I had needed to. Then I would have called them until they said stop, while I would be contacting my senator or congressperson.

I would get all the assistance that I could get. :help:

--------------------

3dflagsdotcom_usa_2fagm.gif3dflagsdotcom_uzbek_2fagm.gif

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Tareq, Nice thread and very thorough explanation. I am not going to wait as long as you did if i am faced with the same situation. I will wait 30 days and then file for K3 with evidence assuming i can get the case number. Is there any other way of getting the EAC/WAC number if the cash has not been cashed after 30 days?

PS There are many cases when the check is cashed after delivery of NOA1.

Hi,

You probably will not have to wait so long for your NOA1. I see that you mailed out the 130 on May 30, and they have been catching up on their receipting at CSC (many april filers in the April filers thread waited 20+ days for the NOA1, but they came in). The USCIS is saying they will be issuing NOA1s in a timely fashion gain by June 15 from both CSC and VSC. Hopefully, you'l get your's soon.

If your check has not cashed, more then likely you are not in the system, and calling USCIS will not help. For me, I got both of my NOA1s within 3 days of the check clearing. Remember, there is a slight delay (2-3 days) between when USCIS deposits the check and your bank will report it online or in a telephone system as having cleared. Once the check clears, you can call USCIS and they will (if the CSR is nice enough), give you your receipt number over the phone if don't have your check image available.

Tareq, Nice thread and very thorough explanation. I am not going to wait as long as you did if i am faced with the same situation. I will wait 30 days and then file for K3 with evidence assuming i can get the case number. Is there any other way of getting the EAC/WAC number if the cash has not been cashed after 30 days?

PS There are many cases when the check is cashed after delivery of NOA1.

As for Tareq, you probably waited longer than you should have before pursuing other options. The USPS does not take that long to deliver mail, and once the check was deposited, they put you in the system, but they failed to get the NOA1 out to you.

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

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Filed: K-3 Visa Country: Pakistan
Timeline
...

As for Tareq, you probably waited longer than you should have before pursuing other options. The USPS does not take that long to deliver mail, and once the check was deposited, they put you in the system, but they failed to get the NOA1 out to you.

You are right! I should have filed the day I found out about my case number. I kept thinking that it is USCIS and they are slow so maybe I would get my NOA1 in the mail today but that never happened.

Reason I am in a hurry is because I am planning to visit Pakistan in December and I want to have the visa stamped on her passport so that she can tag along when I come back.

I am ready to file I-129F on Monday without the NOA1. I'll see what happens. Hoping that since I am including enough evidence that I have already filed an I-130, they should not be picky about the NOA1 which they never sent me. I am realizing that if I wait any longer, who knows if they will ever send an NOA1. I have read here that another person got their NOA2 but never received their NOA1. So it's useless to wait because I want to pursue K3 and not CR1/IR1

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Filed: K-3 Visa Country: Pakistan
Timeline
Thanks for those who have responded so far. I will wait and check mail today and if I do not receive NOA1 for I-130 even today, I will go ahead and file I-129F on Monday with the following:
  • Form I-129F with its application fee.
  • Cover letter stating that I am including evidence that I have filed I-130. As evidence, I will include following:
    1. Print-out from USCIS case status website for my case that includes my I-130 case number
    2. Copy of both sides of the cashed check showing I-130 application fee was received by USCIS on April 25, 2007
    3. USPS delivery confirmation that I-130 was delivered on April 12, 2007

    [*]All other required documents that normally go with I-129F for a spousal K3 application.

What do you all think?

Yes I would do the same thing so that way you dont have to delay your I-129F. The worst thing they can do is send it back to you stating what documents are insufficient. Give it a try and inshallah everything will be fine. :thumbs:

I also agree with you this is one of the best forum's in regards to gaining knowledge and support from everyone on K-3 and other immigraton processes.

Keep up the good work everyone. :dance:

I-129F (K3) Form:

07-08-06 – Married

01-17-07 – NOA1 rec’d

05-10-07– I-129F Approved, in 90 days from your filing date.

05-10-07 – Forwarded to ISB Emb.

06-19-07 – Initial Interview date but since he had business trips later changed to August 28, 2007 put on AP , given white slip

03-28-08 – call DOS case going in & out of AP

03-30-08 - called ISB said they requested case to be expedited

04-08-08 - Husband received email from ISB to pick up visa :) :) yippppyyyyyyyy

04-02-08 - VISA PRINT DATE

04-21-08 - will be in ISB to pick up visa :) :)

VISA IN HAND on 04-21-08 VISA Issuance DATE on 04-02-08

June 6, 2008 Arrived in USA POE Detroit, <10mins to do immigration, very nice + helpful officer, Zero harassment level even though husband has a very very common name

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