Attention very important I-129F

[lost-in-transmigration]

I am startting a thread since my previous one regarding same issue got tangled w/another post.

So far we have all this (our case);

-No payment, since we filed I-130
-Cover letter -optional
-I-129F form, ok got it
-Evidence of your Citizenship, BC
-G-325A , both of us, 4 pages,
-One Passport pic , spouse and US citizen
-Copy of the NOA1 (I-797C) from the I-130
-Answer question 18, how we met, the very first time? not if we have seen each other in last two years, since we got married?
-Marriage certificate,

Now, the other questions:
-A copy of the foreign fiancé(e) birth certificate, do you also send this? in our case is spouse. some people mentioned this in other forums

- and finally , do we need to send more evidence like pictures, letters, emails, etc .. to stablish bonafide marriage?

Then I was told to visit link (http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide)

Now we have two more question, on item

3.- Copy of I-130 Transfer Notice (indicating where your underlying I-130 petition was routed to after it was filed at the appropriate Chicago Lockbox).


and



10.- Copy of the NOA1 from the I-130


are this two copies similar, different or the same?


Thank you again forum, and good luck to all those couples having an interview.

[Dorothea]

As for the foreign bc, I can't remember, but if it's on the list of necessary documents, of course, send it.
If you sent in photo evidence, etc, with the I-130 you don't need to send more with the I-129F. They will put your two files together, so all of the evidence will apply to both.
I would imagine your I-130 transfer notice is something totally seperate than the NOA1. But I'm not sure (they didn't do this when I filed the I-130)... Maybe if they say ON the NOA1 where they are sending the file then that's plenty of info. Otherwise just include EVERYTHING you've received regarding your I130.
Good luck

[jsierra1982]

as far as i know, you don't need the foreign BC. i definitely didn't send it with mine and we were approved. as for the transfer notice, i don't know because they weren't doing that at the time that i filed, but like dorothea said, i would imagine it is two separate things...but maybe not. how many things did they mail you when you sent the i-130? and does it say on your NOA1 whether your petition is at CSC or VCS?

[lost-in-transmigration]

hey guys, thanks, on the right upper corner of the doc it says I-797C, Notice of Action. It was sent to us from

USCIS Vermont SC
Saint Albans, VT

Notice Type: Receipt Notice

Receipt Notice.- This notice confirms that USCIS received your application or petition ( "this case") as shown above.

Correct me if I am wrong, now that you mentioned current and previous filing procedures, I am guessing the Transfer Notice is for either old cases or petitions filed abroad.

We need to send this by no later than tomorrow, any help is appreciated.

[jsierra1982]

that will be enough--it tells where the file is. however, it is not good news that you are in vermont. i can't remember if i told you this in another thread but vermont is not approving i-129fs. i mean, it can't hurt to try, but they cancelled mine.

[lost-in-transmigration]

what??

[lost-in-transmigration]

oh no, is this really bad news? what do we do now?


what do you mean Vermont is not approving 129Fs? why did they cancel yours? do you mind sharing?

thank you

[lost-in-transmigration]

JSierra, I really don't know if you are trying to help, but the fact that you tell every single person is trying to file an I-129F tha is a waste of time is discouraging (I did some research and read your others posts about the same matter). You replied w/the same answer, you don't even share your experience you just keep saying "it was cancelled"

I can't go the California Service Center route because they don't have jurisdiction over our state.

Anyone else, more positive, could give us a piece of advice? thank you, and good luck to all the couples.

[Adriane]

JSierra, I really don't know if you are trying to help, but the fact that you tell every single person is trying to file an I-129F tha is a waste of time is discouraging (I did some research and read your others posts about the same matter). You replied w/the same answer, you don't even share your experience you just keep saying "it was cancelled"

I can't go the California Service Center route because they don't have jurisdiction over our state.

Anyone else, more positive, could give us a piece of advice? thank you, and good luck to all the couples.

Lost, JSierra is helping, she took the time to respond to your posts and offer her advice, being as how she is several steps ahead of you in the process and has made a mistake (that I encouraged her to make) and she is hoping to help you avoid it. This has been discussed at great length.

It used to be that if you were married and filed the I-130 you could later file an I-129f if you wanted to and it would generally get you a faster interview, albeit for a K-3 visa. I did that, successfully, and got an interview about 6 months after I originally filed my first I-130 and about 5 months after I filed my I-129f- many of us had similar timelines.

But that was in 2006 when it was a lesser used option. Since that time (and relatively recently) they changed the guidelines regarding I-129f's for spouses. Those sent to the Vermont Service Center have been canceled on more than one occasion, enough that it now appears that it is their blanket policy to do so if they see that you have also filed an I-130. Different service centers are handling this differently, but it no longer seems to be the shortcut it once was.

And no, you don't have an option of choosing your filing center- what she was saying is that of you are 'forced' to file through Vermont based on your state of residence, the I-129f may not be worth it since they seem to be canceling them.

JSierra's I-129f petition was canceled- she's not being negative, she's telling you what happened. And it wasn't due to anything she did or a flaw in her case- they just canceled it. Wouldn't it be much worse to get that far and expect your's to get you s shortcut to CDJ and be unpleasantly surprised? And she's not the only one- here's another:

I think you are right, I talked to an officer in Vermont last week and he told me they will process the I-130 first!!! and that they will cancel I-129F.

This seems to have come about when they stopped charging a second filing fee for the I-129f if you have already filed an I-130, so I suppose it won't technically cost you anything to file it- but it is being theorized, based on approval times, that when you have filed an I-130 and then file an I-129f they use the second filing date (the one for the I-129f) as the processing date as far as the approval goes. So in effect, filing the I-129f actually slows down your approval for your I-130 under the current circumstances.

This is confusing stuff- I was a HUGE cheerleader for filing the I-129f because it helped me so much- but that no longer seems to be the case. Also, K-3 visa recipients (including me & gdalicia) have been having weird troubles at our AOS interviews that come after getting a K-3 visa. It doesn't seem to be the good idea it once was.

I understand you are stressed about this, but please don't discount someone's advice just because it isn't what you want to hear. Everyone here is genuinely trying to help. We all follow the experiences of those who have done this before us and try to help the next batch to come along. All in all are over a thousand people on this forum (and the old one) who have gone through CDJ. That's a lot of experience!:thumbup:

[lost-in-transmigration]

ok, deep breath, yes I am lost. Can I just say something in my defence? my profile says newbie, and bear w/me, pls. Forum : you saw me posting 1000's of questions regarding the K3 spouse visa and no one said anything like "hey you'd better see these posts, links , or be aware of this, before you file your 129F". All I am saying is that if I knew as much as you guys know already, I'd try to give someone a heads up on it.

Just like you what you doing righ now, and I really appreciate your taking the time to explain this situation in more detail.

Moving on;

1. Those (129F) sent to the Vermont Service Center have been canceled on more than one occasion

Have they shared w/us why it was canceled?

then, basharko99's case seems to be an exception?. It appears his 129F has been at least received .

01-23-08 Received NOA1 for I-129F from VSC

2.-you don't have an option of choosing your filing center- what she was saying is that of you are 'forced' to file through Vermont based on your state of residence

That's what I said and agreed w/ : I can't go the California Service Center route (or any other route) because they don't have jurisdiction over our state. It has to be Vermont.


3. JSierra's I-129f petition was canceled

Did they mention why it was canceled? Or is Sierra's conjecture?

4. Also, K-3 visa recipients (including me & gdalicia) have been having weird troubles at our AOS interviews

Would you mind sharing your experience w/us(about the AOS interviews? or is there a thread I can visit? or maybe a new thread about this?

5. Now, I was reading Sierra timeline. She started the process in 08/07. We are in 05/08. It's been 9 months so far. If I am not mistaken the I-130 process might take from 10 months to who knows. Did she start this process all over after her 129F was canceled or did she file 129F sometime after or between 08/07 and 05/08?

The reason I am asking all this is because, I found this link about USCIS Processing Times - Vermont Service Center Processing Times Posted April 15 2008. It seems they are still processing K3 visas, and finishing applications that date as far as Octuber 18 2007, that'll mean she is still within the target timeframe. October 07 to May 08 = 7 months (or more ).

In theory, it seems like it still makes sense to apply for a K3 visa, I am just trying to cheer us up. Reality might be different. I-130 goes back to July 30 2007. It also says that those timeframes might not reflect how long your application will take to be completed. :(

Unless I am interpreting this table in a total different way. Why don't you guys take a look at it (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC)

or the other link (https://egov.uscis.gov/cris/jsps/ptimes.jsp)

Ok, I didn;t mean to be rude. I was just a bit frustrated. I hope Sierra's case turns out well

Then I go back to the same question, anyone w/ a K3 visa recently received or approved at Vermont, within the last 2 or 3 months?

thank you

[JMRJ]

lost-

I know you are very confused in this process. Really, because every case is unique, there is no blanket answer to each situation. Whether you want to file the K3 or not, it's your personal decision.

Laurel still recommends the filing of K3 because once it's approved, it will breeze through from NVC to CDJ. Your case will be forwarded from the NVC to the consulate in 1-4 weeks (approximation). Unlike an I-130 approval, it will sit first at the NVC for months so you can respond to a packet of forms and take care of the technicalities of the affidavit of support before your spouse can be given an interview date at the consulate. K3 caveat: You will need to go through the process of adjustment of status once your spouse is in the U.S. Most do/did just fine, a few have/had some unforeseen challenges. Although in some cases it is possible that your I-130 Petition may end up being approved before your K3 visa petition, it makes sense to file both if the most important thing is to have your spouse (back) here as quickly as possible.

Since the K3 filing has no additional fee required - regardless if whether Vermont will cancel it or not - if you wish to pursue it, your additional cost would be more time spent, more papers and ink, passport photos and the fee for mailing.

After I have read the annual report from CIS, my own theory whether my I-130 loses it's place in line after sending in my I-129F, stopped. I found an answer:

LIFE Act created the K3 visa category in year 2000 as a means to decrease the lengthy separation of spouses from the I-130 processing. I-129F became like a sort of an expedited service and it took 2-3 months to complete. USCIS performs the same security checks and requires approximately the same number of hours to process each form (I-129F and I-130). This resulted for the I-130 petition being remained pending for many many months.

The Ombudsman brought this to the attention of USCIS and it resulted in slowing down the general processing of I-129Fs. As you can see, the I-130 approvals are significantly faster now because they caught up - (current processing time difference in Vermont is 3 months - it changes without notice). The quicker option for I-130 is not much of a significant anymore at the USCIS stage - you get the benefit only once it gets to NVC. I'm sure you've been doing your research about it .

It's been almost a year now since there was a sudden surge of applications filed. USCIS is gradually catching up on their systemic problems of adjudicative processes. Here's hoping that Vermont will work on their inconsistencies of adjudicating K3s..... Though I feel like I'm being cursed on my own application and though Vermont is not my service center, I wish the best for everyone.

OK, OK, fast forward--- your I-129F is not the culprit if - for some reasons your I-130 is not completed within you anticipation period. I noted above what you will lose if you wish to drop your I-129F in the mail. I-129F or not, your I-130 will be adjudicated once it's time.

[Dorothea]

Lost, tone down the attitude a bit, ok? Noone is trying NOT to answer your questions. We are all here to help, but none of us are lawyers, we only have our OWN experiences to pull from.

That being said, check out the "Marriage based AOS" section, where gdalicia has a thread about her issues to date, and everyone who is doing AOS checks in.

JSierra can only tell you from her own experience that she filed the I129F with the I130, and the I129f was cancelled. She can't say (none of us can) if they are cancelling ALL the I129fs filed with I130s. If you want to file it then go for it. We are always interested to see how more people's process turns out.

You already filed the I130, correct?

[Pinkpig]

Just one other thing to mention if I may........

this process can change on a dime....things happen that we have no control of or knowledge of until someone unluckly suffers the consequences of the change in procedure or the results of some other law or activity that affects our processing....

we have seen this happen numerous times on this site...

this process is fluid.

You need to read and study and research everything that you can get your hands on and then make decisions on what is best for your case at the time....

everyone is here to help and this forum has proven to be the best site out there for folks having to file waivers...

best advice anyone can give anyone is to educate yourself and then you are responsible for your decisions....

we only share what our experiences have been.....

Good Luck!

[JMRJ]

Just one other thing to mention if I may........

this process can change on a dime....things happen that we have no control of or knowledge of until someone unluckly suffers the consequences of the change in procedure or the results of some other law or activity that affects our processing....

we have seen this happen numerous times on this site...

this process is fluid.

You need to read and study and research everything that you can get your hands on and then make decisions on what is best for your case at the time....

everyone is here to help and this forum has proven to be the best site out there for folks having to file waivers...

best advice anyone can give anyone is to educate yourself and then you are responsible for your decisions....

we only share what our experiences have been.....

Good Luck!


Ditto!!!

For the moment, Laurel Scott still encourages the filing of K3. She will not say this if she believes it will hurt your I-130. lost-in, weigh your options very carefully and whatever you decide - there are risks involve in this process. Sometimes USCIS changes their standardization without notice and as what Pinkpig quoted, it is beyond our control. This is just how the way it is.

I know it is discouraging - I can relate - and we are all here for each other.

It's going to be a long wild ride, so fasten your seatbelt...;)

[chalakita]

Filling the I129 is your decision, what Jsierra is telling you is true, she is not the only one whos I129 has been canceled, so it REALLY looks like VSC doenst care about I129s anymore. Everyone here always trys to help, pls. dont forget that!

[djones9714]

Here's another one. Our I-129f was never processed and administratively closed the minute they approved our I-130. It appears that the Vermont Service Center is doing this and California will approve both and hold the I-130 at the NVC and you will go with the I-129f.

However, please be aware that if you do file the I-129f in conjunction with the I-130, it could delay the processing of your case because they will go by the date of the I-129f (when you filed that) instead of the date on the I-130.

So this means that: if you file I-130 on June 1 and you get your NOA1 on July 15 and then you turn around and file the I-129f on July 20, they will go by the date of July 20 for the approval and not the original date of your I-130.

I believe the reason Vermont is doing this now (closing the I-129f) is because the time frame for approving I-130's has greatly decreased -- used to take forever to get an approval.

This is just my opinion. However, it is not my opinion, rather USCIS telling me -- that they closed our I-129f and will not process it further as I have "no pending I-130" any longer.

[lost-in-transmigration]

thanks again everybody. Here are my rethorical comments, why those decisions vary from Center to center? I thought California, Vermont or Texas, were governed by the USCIS, therefore they should uniform criteria for processing these petitions, or the USCIS should ,simply, let people sent the 129F without filing a 130, or literally file 130 and 129F simultaneously , or just inform the public they have new guidelines to process spouse visas, or no spouse visas at all if you have alredy filed a 130 petition. We could save lots of trees by doing this.


I see the logic, but boy would they want to make it difficult for everybody, especially Mexicans I guess.

Based on all these facts, how long, on average, did it take for most couples to have their 130 approved? I mean, since you guys figured out that they started cancelling 129F's?


By the way, did anyone say what the difference between Copy of I-130 Transfer Notice and Copy of the NOA1 from the I-130 was?

Thanx

[Dorothea]

Lost, I don't think there is a difference between those 2 forms, but you might want to call them to see what they tell you. Did you send your to the Chicago Lockbox to start? I don't remember ever hearing that someone got a transfer notice...

All of us can probably agree with you that it's insane there's not one process that every processing center sticks to. But as you get further into this immigration mess you'll see that there seem to be more and more instances of disorganization. The whole thing is a disaster.

[lost-in-transmigration]

yes Chicago Dorothea, I'll call and see what they say about these two copies, I think I know what their response will be. yeah, we are sort of getting redy to deal w/ all that "mess", thanks

[jedinite]

Thank you Adriane for such a clear and concise explanation of the I-129F and the I-130 forms and the process involved. I was nearly considering filing for the I-129F but it doesn't seem like such a good idea.