Which Path Should I Take? Need Advice!

[Skyp86]

Hey All, so I am trying to get an interview date setup in Islamabad for a visa interview. I beleive I have two paths I can take and basically need advice on which path would be the quickest/safest to getting the interview.

Path 1: Since we already had an Approved I-130 BEFORE my husband was removed, I can submit the I-824 Action on an Approved Petition and have the approved I-130 forwarded to the embassy in his country. Cost: $340

Path 2: Re-file an I-130 along with an I-129f and wait for another approval followed by an eventual interview. Cost: $355.

Basically which method would be the best and quickest at achieving an interview. Also, if path 2 would be the way to go....can a petition be denied a second time around....I guess I'm just super PARANOID of path two...however if it gets quicker results I'm all in...not to mention its only 15 bucks more so cost is not the concern here.

All input welcome...just like to get advice/opinions to help me make this decision...THANKS!

[kitkat1]

If your current petition is still valid and "alive", I would file the I-824. It would be faster (I would think).

Also, if you file another I-130 with a current one pending, they'll probably deny it and you'll lose the money.

You should try asking this in Laurel Scott's chat on Wednesday at 11:00 am CT -- www.visacentral.net (http://www.visacentral.net) or do a phone consult with Heather Poole - I believe she doesn't charge for consults.

[Skyp86]

Thanks KitKat...just one confusion...what do you mean by still valid/alive....I was under the impression Approved I-130's do no expire. Ours was approved February 5, 2007.

[kitkat1]

Sorry didn't mean to confuse you - for some reason I got the feeling it was from a long time ago.

So yes, it is still valid and alive - the I-824 will get it to the consulate (and again, I think it would be much faster than refiling which they might just reject anyway without refunding your money!)

[Skyp86]

Phew!! U had me scared there for a minute with the whole validity thing....anyway most likely I will use the I-824...dont want to take chances with another petition, thanks for the advice!!

[emt103c]

I agree with kitkat, and the faster you file that form the faster you'll have an interview.

[Skyp86]

Thanks for the help guys! I'm about 90% finish with writing my waiver, so just wanted to make sure which path would be best before I take any actions.

[sunnysol]

Hi Guys--I too need some advice about a similar situation.

My husband's case is currently with the BIA. We have an approved I-130 since 2006. I filed the I-864 in October so that he would not have to wait a long time in Ghana for his interview.

I find out in February that DHS in Cleveland sent the approved I-130 with his file to the BIA. Therefore, no action was taken with the I-864.

My attorney suggested that we could re-file the I-130 and I-129F and get an interview probably by the end of the year in Ghana.

We anticipate a rejection by the BIA in May or this summer--estimated time.
My major concern is that the rejection will come and if we don't file for the new I-130- 129F that he will be waiting a very long time for an appointment.

I just don't want to be rejected! Please advise.

[kitkat1]

I think you first have to cancel the pending I-130 if you are going to refile. And if there was an issue with the first one (what's the BIA?) then the likelihood of the same thing happening with the new one seems to be high. The person adjudicating your waiver will know the history. I would ask you lawyer more about the impact of doing that.

[doctor795]

Skyp86,

I wanted to ask you what you end up doing as far as getting interview in Islamabad. I have the same situation. I have an approved I-130 and accepted voluntary departure last week. I need to file I-601. I have until September 10,2008 to leave US. Please answer the following questions.

1) Can I file the waiver now, since I know I need one for over stay?
2) How long it took the embassy to schedule the first interview for your husband from the time you filed I-824 or is it I-864?
3) Any idea how long the Rome office is taking to process I-601?
4) How many months or years are we looking at?
5) Does any one know do they go through the back ground checks again? I filed I-485 with IJ last year in June 2007. The FBI back ground checks were completed in about 11 months. I hope that doesn't happen again...

Please post your experience.
Thanks








Hey All, so I am trying to get an interview date setup in Islamabad for a visa interview. I beleive I have two paths I can take and basically need advice on which path would be the quickest/safest to getting the interview.

Path 1: Since we already had an Approved I-130 BEFORE my husband was removed, I can submit the I-824 Action on an Approved Petition and have the approved I-130 forwarded to the embassy in his country. Cost: $340

Path 2: Re-file an I-130 along with an I-129f and wait for another approval followed by an eventual interview. Cost: $355.

Basically which method would be the best and quickest at achieving an interview. Also, if path 2 would be the way to go....can a petition be denied a second time around....I guess I'm just super PARANOID of path two...however if it gets quicker results I'm all in...not to mention its only 15 bucks more so cost is not the concern here.

All input welcome...just like to get advice/opinions to help me make this decision...THANKS!

[emt103c]

795--You are going to want to start a new thread for this question.

As I answered on the other forum, where I told you to come here, that you CANNOT FILE THE 601 until you are told to do so at the interview.

If you look on Pinkpig's spreadsheet you will find how long 601's are taking in general to be adjudicated:

http://immigrate2us.net/forum/showthread.php?t=61

It looks like the ones we have record of are taking a long time and widely varying (much like the security checks.) As for the security checks, it depends on if they have expired or not. One would assume that they would take less time since there is obviously record of you, but you can never tell. . .especially with Pakistan. My husband just had to have a divorce certificate validated there and it took seven months. . .

Have you considered consulting other attorneys about your situation??