TLB Posted March 4, 2011 Report Share Posted March 4, 2011 Hi friends, Geez, I thought I read these things, but maybe not well: I filed an I-130 back in October, got the I-797C NOA just fine back in October, been waiting until today when I got an email that the I-130 has been approved. BUT, now I'm reading through everything again and was I supposed to file an I-129F as well as the I-130? It looks like maybe I was supposed to do that after getting the NOA1 (although you'd think the NOA1 might say so if that was the case). Is that right? Questions: 1. do I need to file the I-129F AND the I-130? 2. Does the approval of the I-130 have any bearing on the I-129F?3. Has my stupidity added some more months now to the whole process? (I guess "yes" if I have to file the I-129F) I won't ask why the H*%% I have to file the I-129F after filing the I-130, I'll just do it if I'm supposed to. thanks for your help; my joy at receiving the NOA2 lasted about 5 minutes (until I read that maybe I was supposed to have filed an I-129F and all the hassle that will mean). whew! thanks! Tim Link to comment
TLB Posted March 4, 2011 Author Report Share Posted March 4, 2011 Hi friends, Geez, I thought I read these things, but maybe not well: I filed an I-130 back in October, got the I-797C NOA just fine back in October, been waiting until today when I got an email that the I-130 has been approved. BUT, now I'm reading through everything again and was I supposed to file an I-129F as well as the I-130? It looks like maybe I was supposed to do that after getting the NOA1 (although you'd think the NOA1 might say so if that was the case). Is that right? Questions: 1. do I need to file the I-129F AND the I-130? 2. Does the approval of the I-130 have any bearing on the I-129F?3. Has my stupidity added some more months now to the whole process? (I guess "yes" if I have to file the I-129F) I won't ask why the H*%% I have to file the I-129F after filing the I-130, I'll just do it if I'm supposed to. thanks for your help; my joy at receiving the NOA2 lasted about 5 minutes (until I read that maybe I was supposed to have filed an I-129F and all the hassle that will mean). whew! thanks! Tim quick followup questions, please:4. On visajourney.com, it says to include an "I-130 Transfer Notice" with the I-129F packet -- all I have is the NOA1, what's an I-130 Transfer Notice?5. The I-129F asks which consulate the interview will be at, I should put Guangzhou, right?6. I *thought* I read somewhere that I don't need to fill in the offspring data on the I-129F if there's not a son or daughter under 21, but I can't find that now. Is that right? thanks! Link to comment
dnoblett Posted March 4, 2011 Report Share Posted March 4, 2011 (edited) Nope you actually saved yourself some time and agravation, NVC would have canceled the I-129F anyway.. I-129F is for K-Visas, if you wanted to do a K-3. Read about NVC policy on K-3 here: http://candleforlove...showtopic=40925 K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa. Study about the electronic process here: http://candleforlove...showtopic=37703 (This will save you months of time) Also CR-1 / IR-1 will save you at least $800 in extra fees that a K-3 would add when adjusting status later in the states. CR-1 / IR-1 gets green-card the moment they enter the USA, K-3 does not. If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached. Edited March 4, 2011 by dnoblett (see edit history) Link to comment
TLB Posted March 4, 2011 Author Report Share Posted March 4, 2011 Nope you actually saved yourself some time and agravation, NVC would have canceled the I-129F anyway.. I-129F is for K-Visas, if you wanted to do a K-3. Read about NVC policy on K-3 here: http://candleforlove...showtopic=40925 K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa. Study about the electronic process here: http://candleforlove...showtopic=37703 (This will save you months of time) Also CR-1 / IR-1 will save you at least $800 in extra fees that a K-3 would add when adjusting status later in the states. CR-1 / IR-1 gets green-card the moment they enter the USA, K-3 does not. If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached. I thank you and my blood pressure thanks you...I get confused over all these acronyms, so I filed the I-130 that means I'm filing a CR-1/IR-1 and not a K-3 I guess (visa journey seems to conflate all of these discussions under either K-1/2 or K-3/4). No step child involved so no worries there. thanks again, I'm sure you'll have the "opportunity" to help me again as we get closer to interview time... I'll look into the electronic process. This forum is worth gold... Link to comment
dnoblett Posted March 4, 2011 Report Share Posted March 4, 2011 I thank you and my blood pressure thanks you...I get confused over all these acronyms, so I filed the I-130 that means I'm filing a CR-1/IR-1 and not a K-3 I guess (visa journey seems to conflate all of these discussions under either K-1/2 or K-3/4). No step child involved so no worries there. thanks again, I'm sure you'll have the "opportunity" to help me again as we get closer to interview time... I'll look into the electronic process. This forum is worth gold... Yep, it seems like people only think about K-1 or K-3, never considering or understanding that K-3 was an option for CR-1/IR-1 Spouse visa petitioners. K-3 always starts with I-130 filing for a CR-1 or IR-1 spouse visa, and then later filing an I-129F for the OPTIONAL K-3 process. You simply and inadvertently followed the normal spouse visa without adding the option. Note if you had filed the I-129F you would probably had caused a 1 month delay while USCIS pulled your I-130 petition out of the queue to attach the I-129F to the petition and the placed the whole package into another queue only to have the I-129F administratively closed later. Link to comment
NewDay2006 Posted March 4, 2011 Report Share Posted March 4, 2011 (edited) I see you are in excellent hands with Mr D., Good luck going forward. Won't be long now. I had a delay with my I-130, but that is totally different from your situation, once I got approved, it was smooth sailing from then. Edited March 4, 2011 by NewDay2006 (see edit history) Link to comment
TLB Posted March 4, 2011 Author Report Share Posted March 4, 2011 Thanks for the help and your good wishes. Yep, there's movement now; I see from the self-reported data on visajourney that most interviews for GUZ are 2-3 months from NOA2, that puts us about June. I wish there were a way to know closer, I can't really afford to go over in my previously planned May trip and then turn right around and go again in June; but I also don't want to not go this summer if the interview doesn't happen until Fall. I guess this is what everyone has to deal with, and we just do the best we can. thanks again. If I'm lucky, I'll run into Tsap runnin' through the streets of Guangzhou a-whoopin' and a-hollerin' about his lady's new visa and we can get drunk together and celebrate our good fortune. B) Tim Link to comment
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