I-212 and I-129 question

[monique1124]

Hi new friends,
I have a question about my fiance who was ordered Expedited Removal back to Italy from returning on a cruise we took with my family. I have put together the paperwork along with him for the I-212 and I-129. I have recieved conflicting advice as to where and when to file both of these packets. The 212 says clearly it must go to the point of deportation. In this case it is not in the state we lived. And the 129 must go to VT. I have even had conflicting advice from Attorneys. I have been presented with several different options
1) file both together in VT
2) file both in seperate places at same time
3) file the 129 to VT then wait until they say file the 212
4)file the 212 first wait then file the 129.

also...on the 129 do I include a letter about the deportation and explain the 212 is being filed as well???and vice versa?????

HELP, Im freaking out about what to do.
Monique
ps. If you gave me advice already...please forgive my persistance...its only because the advice has been so conflicting and I dont want to make an error and hold things up any longer than necessary.

[emt103c]

Monique. . .I think I spoke to you on VJ about Laurel's chat right??

Are you able to go to the chat??

If she's not, can someone else ask Laurel? I think I read before that when you only have an Expedited Removal you can file both the visa petition (in this case the I-129F) at the same time as the 212 to the service center that way they process them together knowing about the pending relative visa petition.

I know that I read this about spousal visas with form I-130, but the I-129F is the same, right?

[kitkat1]

Normally the I-129F fiance visa petition is filed first - through the service center that is based on your US address. Normally waivers are filed upon denial at the K1 interview in your fiance's country. That said, there ARE situations where the 212 can be filed in the US before the I-129 petition is approved. The consulate will normally postpone approval of the visa (if the interview happens before the 212 has been adjudicated) until they have a decision.

I would consult with Laurel Scott on this one - she has filed 212s in the US prior to K1 interviews so I know she is familiar with these circumstances.

[emt103c]

thank you kitkat. . .that's exactly what I told her on VJ. There is a little more to the story there, it sounds like they are also stating on the ER form that he overstayed a visa. . .

[monique1124]

Is the chat at 10 am with Laurel??

[monique1124]

Can anyone help me figure out the chat with Laurel...when I go to "chat Room" off her web site it isn't working. Is there another way to get on that today??

[gaby]

Actually pm Mendoza she is always willing to ask the question to laurel is today 11 am central time

[monique1124]

Is the chat here? Or do I need to go to her website to log into chat? Can someone clue me in to where I can get into the chat??
PLease,
Thank You!