Can I file I-129f NOW?

[djones9714]

I looked at the new form I-129 that was loaded onto the USCIS website and the instructions that go with it. It basically states that you have to show proof that you filed an I-130. It does not necessarily state that your proof has to be the "NOA1" relating to the I-130. What about proof of your cancelled check, proof of delivery, etc.

I have been reading that a lot of other people on visajourney.com have sent in their I-129's with their I-130 because they were informed to do so by the USCIS.

What do you think about this?

[aussiewench]

Reposted from your other thread on this

http://immigrate2us.net/forum/showthread.php?t=1564

What are the facts from what I have read...


Yes USCIS stated California and Vermont Service Centers will accept an I-129F petition filed prior to July 30, 2007, if otherwise properly filed.
I-130's are submitted to which ever of the 4 service centers that has jurisdiction over US place of residence. They are then transferred to either California or Vermont.
I-129F are ONLY submitted to either California or Vermont and USCIS states to send a copy of recent receipt notice or transfer notice from the I-130
USCIS states ' Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. This includes the I-129F.


Whilst I believe from reading the 'Final Rule' that eventually the I-130 and I-129F may very well be submitted together, this is NOT the current procedure and as such I think we could start seeing I-129F's being rejected for not being filed at the correct service center. I don't believe that the concurrent filing will happen until the I-130 is also only required to be submitted to either California or Vermont. There has been members on another board that have submitted the forms concurrently and been successful, but from what USCIS have said (see last point above), this may be a grace period.

see here (http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf) for USCIS Update posted June 21, 2007

Would like to add. Instructions on forms are not always complete or up-to-date and one must be aware of any special instructions not included in the forms instructions.

[djones9714]

After reading this, this is what I have to say and need advice on:

We just filed our I-130 on 8/14 to Vermont -- which is the proper location for filing.

Aussiewench:

The I-129f is to be filed at the SAME service center.

It is not a matter of the I-130 and I-129 being at separate locations -- I can understand why they would refuse these applications because it would be time consuming to actually find out about the filing of the I-130 as final proof. However, both would be filed at the same service center.

This is my question: My question is regarding the "proof" that the I-130 has been filed.

[aussiewench]

From the New Filing Directions released by USCIS

The Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.

Source (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1872aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Don't get me wrong, I am an avid believer that they should be able to be filed concurrently, especially now when there is no fee for the I-129F for a spouse. I think you have a good shot when both the I-130 and I-129F are being filed to the same service center. I'm not so sure this is going to be the case come end of this month for those that are required to submit the I-130 to say Texas for example, which is then transferred, and the I-129F to Vermont. Those submitting both to Texas, could find that their I-129F petition is rejected. But hey, only time will tell. Just going with what has been issued in writing from USCIS.

Let us know how you go.

[djones9714]

Thank you, thank you. That is exactly what I was looking for. That clearly says to send a copy of the "receipt notice." I wish they would be straight forward and post this crap in the instructions you read regarding the different forms.

Thank you again.