I-129F still can be filed or not?

[VeronikaK]

Didnt understand clear - after reading chart, so now you canf file i-129F if I-130 was approved?

[kitkat1]

File the I-129F once the I-130 has been received by USCIS.

http://travel.state.gov/visa/immigrants/types/types_2993.html

Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

[Pinkpig]

Didnt understand clear - after reading chart, so now you canf file i-129F if I-130 was approved?


FRom Laurel Scott's chat today:

http://immigrate2us.net/forum/showthread.php?t=2303

Laurel: News alert: whereas previously I-129Fs filed after I-130 approval were adjudicated by CIS, they are now being rejected due to a change in administrative procedure as of August 1.

susan_g: how are the i129 being rejected and what is the outcome cuz i just applied for one on sept 1 thank you

Laurel: I-129F, not I-129. It may seem like a distinction without a difference, but the I-129 is the heavily-used petition for nonimmigrant worker. But to answer your question - the statute says that an I-129F can be filed if an I-130 is pending. The corollary is that it can't be filed if the I-130 is approved, i.e. no longer pending. This is the letter of the law. This is a situation where I think the letter of the law is in conflict with the spirit of the law. The point of the K3 is to get the alien spouse in the US quickly when the immigrant visa case is taking a long time. If the hold-up comes between I-130 approval and issuance of the visa, I think you should still be able to file the I-129F because that would still serve the purpose of the K3. But they didn't ask me.

[VeronikaK]

Mine i-130 already approved... and when i read instructions i-129f it said " include copy of pending i-130 or approved one", so it means now i cant file i-129F?

[Pinkpig]

Mine i-130 already approved... and when i read instructions i-129f it said " include copy of pending i-130 or approved one", so it means now i cant file i-129F?

As of August 1, 2007, you cannot file the I-129f after you have an APPROVED I-130.

Laurel: News alert: whereas previously I-129Fs filed after I-130 approval were adjudicated by CIS, they are now being rejected due to a change in administrative procedure as of August 1.