I-130 & I-129F Approved at the same time

K

kyaku

Registered Users (C)
I have got two problems. Both my I-130 and I-129F have been approved at the same time. I had expected the I-129F to be approved first so I could begin the K-3 process for my wife. NVC has sent a notice to the embassy to send my wife details for the K-3 process. But, from reading on the internet I understand that since the I-130 was approved she cannot get a K-3 visa. Another problem is that whereas on the I-130 I clearly indicated that my wife was abroad and would be seeking a visa abroad, the approval notice says she is in the U.S. and can now do Adjustment of status. I called the USCIS toll free number and they told me to fax the California service center to report the error, and I did yesterday but have not yet heard back. Please, does anyone have ideas about how best to resolve my K-3 dilemma and the error regarding the I-130 approval notice? Please, help!
 
can u please provide the timeslines for K3 and 130

can u please provide the timeslines for K3 and 130?. When you filed and when it is approved?

Thanks
 
Receipt Date for I-130 : November 28, 2006

Approval Notice Date for I-130 : April 10, 2007


Date of letter from NVC saying they are notifying embassy about approved I-129F
 
This is very common nowadays as the I-129F for a spouse is now transferred from the NBC to the service center that is processing the I-130. When there is an approved I-129F, the service center no longer automatically transfers the I-130 once approved to the NVC. It is NOT fact that once you have an I-130 approved that you cannot obtain the K-3. That is misinformation. Your I-130 is being retained at USCIS to await the adjustment of status process from the K-3.

Read more on the retention of I-130 once there is an approved I-129F
Transfers of I-129F for a spouse
 
Hi. Same thing happend to me. My spouse's K3 and I-130 got approved around the same time and the notice stated that my spouse was in the U.S. when in fact he was in India. I guess they are doing the same for everyone just expecting that we will file for the adjustment once our spouse gets to the U.S. My spouse came last month in April and we filed for his adjustment of status. REMEMBER TO RETAIN YOUR ORIGINAL I-130 NOTICE SINCE YOU WILL HAVE TO SUBMIT IT WHEN FILING FOR YOUR ADJUSTMENT. Hope this helps.
 
ozziewench said:
This is very common nowadays as the I-129F for a spouse is now transferred from the NBC to the service center that is processing the I-130. When there is an approved I-129F, the service center no longer automatically transfers the I-130 once approved to the NVC. It is NOT fact that once you have an I-130 approved that you cannot obtain the K-3. That is misinformation. Your I-130 is being retained at USCIS to await the adjustment of status process from the K-3.

Read more on the retention of I-130 once there is an approved I-129F
Transfers of I-129F for a spouse
Click to expand...

This is very helpful! The people at the USCIS hotline could not even tell me this. So, will the embassy just ignore what is on the approved I-130 when we are applying for the K-3?

Thanks.
 
kyaku said:
This is very helpful! The people at the USCIS hotline could not even tell me this. So, will the embassy just ignore what is on the approved I-130 when we are applying for the K-3?

Thanks.
Click to expand...
You're welcome

The National Customer Service Center that you call is only a call center contracted to USCIS. They very rarely even give out correct information I'm afraid.

It used to be the case that one would well and truly be in the US on a K-3 visa before an I-130 was even approved. This is not often the case anymore, going from the various experience around, as they are adjudicated at the same service center with many getting both approved the same time. All the notice is really saying is that you are adjusting status in the US from the K-3. The Department of State (which embassies/consulates come under) and the USCIS are two separate entities, and unless they receive an I-130 at the embassy, they won't even have a clue to my knowledge that you do have an approved I-130. They see what is in front of them that has been forwarded to them by NVC...that is your approved I-129F, supporting documents and evidence, plus your K-3 visa application etc.
 
If I may ask, what were the instructions on that I-129F and I-130? Both of mine was approved on the same day and both of my notices were lost so I'm in a stand still until I get a copy from USCIS. Any advice will be greatful. Thx.
 
I am in a similar situation. Both I130 and I129F have the same day (March 14) approvals. Is it true that once you get I130 approval, you cannot apply for K3 visa. How long does it take from the time I130 is approved to the time of interview.
 
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