I-129F vs I-130 Clash

[Tero 105]

Here's my story so far...

Nov 17, 2009 …..Priority date of my NOA 1 for I-129F

After about 4 ½ months, petition approved by USCIS

July 23, 2010 ….Fiancee was denied visa at the consulate, CO claimed we were already married. They said they’d return our petition to DHS for revocation.

Tried to appeal, got senators involved, they refused reconsideration.

Sept/Oct, 2010 ...Traveled to get a court marriage and obtained a marriage certificate

Oct 25, 2010 ...mailed my complete I-130 forms with applicable evidences

Oct 27, 2010 ...My priority date for NOA 1

Dec 17, 2010 …Dated letter stating that my I-129F was returned to USCIS due to CO’s report of our relationship being a suspect. They said the petition is closed as the original validity was expired.

Jan 14, 2011 …Dated letter stating my I-129F has been reopened to reconsider original decision.

I called USCIS today and was very polite, (which was reciprocated) asked why my forgotten/close K-1 petition was reopened and how it would affect my Spousal. I was told that when they got my I-130, they had to reopen my K-1 (on Dec 1, 2010) to see that we were wrongly denied visa by the consulate the first time. They said they would resend it back to the consulate to issue my wife a K-3 visa.

Edited February 11, 2011 by Tero

[YuAndDan 153]

That's the strangest case I have seen is some time, USCIS recycleing a denied I-129F to get it converted to a K-3, it is conceivable. K-3 is based on a pending I-130.

Moving this to the K-3 forum...

[Tero 105]

That's the strangest case I have seen is some time, USCIS recycleing a denied I-129F to get it converted to a K-3, it is conceivable. K-3 is based on a pending I-130.

Moving this to the K-3 forum...

Yea you know! I thought it was surprising too, so I decided to share.

[Darnell 8,478]

OMG - an actual K-3 topic. YAY!

[Tero 105]

I thought the K-3 visa was already dead.

[NigeriaorBust 4,087]

A k3 is usually closed because the I 130 is approved at the same time. Your I 130 is still pending. The I 129F is supposed to be filed after the I130 but I guess reopening counts.

[Tero 105]

A k3 is usually closed because the I 130 is approved at the same time. Your I 130 is still pending. The I 129F is supposed to be filed after the I130 but I guess reopening counts.

I have read about some people who got denied a k-1 and then they turned around and filed a spousal. I never heard their I-129F revisited and converted to a K-3. Maybe I'm lucky or just ....

[pushbrk 12,883]

I have read about some people who got denied a k-1 and then they turned around and filed a spousal. I never heard their I-129F revisited and converted to a K-3. Maybe I'm lucky or just ....

.....the misinformation line striking again. I suspect this is misinformation, since the I-129F package will have "unmarried" written all over it. It's possible but not likely that they'll convert the petition in a way that a spouse visa can be granted.

[Tero 105]

.....the misinformation line striking again. I suspect this is misinformation, since the I-129F package will have "unmarried" written all over it. It's possible but not likely that they'll convert the petition in a way that a spouse visa can be granted.

Could there be some other reason the already closed I 129F is reopened? Could there be a reason the tier 2 level rep lied to me?

[pushbrk 12,883]

Could there be some other reason the already closed I 129F is reopened? Could there be a reason the tier 2 level rep lied to me?

Reconsidering the I-129F was likely just in due course but the misinformation would be from ignorance not intent. You could also have the straight scoop. We'll just have to wait and see. I just see the consulate having a tough time issuing a spouse visa based on a petition full of statements about being unmarried. It's possible only if USCIS takes some extraordinary administrative action to provide the authorization for Consular processing of a spouse visa based on such a petition. I know the same form has been used for the K3 for years but it's not completed with the same information. Nothing YOU or YOUR SPOUSE signed in the package indicates you're married.

[Tero 105]

Reconsidering the I-129F was likely just in due course but the misinformation would be from ignorance not intent. You could also have the straight scoop. We'll just have to wait and see. I just see the consulate having a tough time issuing a spouse visa based on a petition full of statements about being unmarried. It's possible only if USCIS takes some extraordinary administrative action to provide the authorization for Consular processing of a spouse visa based on such a petition. I know the same form has been used for the K3 for years but it's not completed with the same information. Nothing YOU or YOUR SPOUSE signed in the package indicates you're married.

Well, I'll be sure to give an update as this progresses. Eitherway, I have no intentions of going for the K-3. I'll wait for the IR-1/CR-1.

[pushbrk 12,883]

Well, I'll be sure to give an update as this progresses. Eitherway, I have no intentions of going for the K-3. I'll wait for the IR-1/CR-1.

Seems wise. If the K3 is going to be viable, it will proceed to a P3 from the Consulate without further input from you.

[Tero 105]

Seems wise. If the K3 is going to be viable, it will proceed to a P3 from the Consulate without further input from you.

Yea. So I was told.

[Tero 105]

Reconsidering the I-129F was likely just in due course but the misinformation would be from ignorance not intent. You could also have the straight scoop. We'll just have to wait and see. I just see the consulate having a tough time issuing a spouse visa based on a petition full of statements about being unmarried. It's possible only if USCIS takes some extraordinary administrative action to provide the authorization for Consular processing of a spouse visa based on such a petition. I know the same form has been used for the K3 for years but it's not completed with the same information. Nothing YOU or YOUR SPOUSE signed in the package indicates you're married.

Update! The USCIS is confused...

I called the USCIS today to follow up on my cases. They repeated what they told me last time but then I asked how they were going to do it when the I-129F forms said I am single and the rep was like "Oh! it's not for a K-3?! " I told him the original petition was for a K-1 and I wonder how they are going to convert it into a K-3. The rep told me they thought it was originally a K-3 (Dont ask me where they got that "revelation" from).

Bottomline, the rep told me to mail a copy of my I-129F NOA 2 with a cover letter to the Vermont center asking them to cancel it as it is not for a K-3. Pushbrk you were right. What a waste of time!

[1love 2]

Seem we are in the same boat with the fiance and spouse visa.

I have not called them to confirm exactly what they theink they are doing though.