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  1. #1
    jcgomar is offline Junior Member
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    Exclamation I-129F abandoned by USCIS

    What is the name of your state?What is the name of your state? UT.

    The INS customer service reps told me that I needed to file the I-130 for my wife and then the i-129F and include my kids there, because the I-130 was suppose to take a while to be approved, so I did it that way.

    They told me that the I-129F will help my wife to come to the US while the I-130 is in process and my kids will come with the same I-129F.

    Now, for some reason they approved my I-130 BEFORE the I-129F, and I called the INS number and they told me that because the I-130 was approved, the I-129F will be abandoned and that I need to file another I-130 for each one of my kids, and call the NVC to tell them to process their visas at the same time they process my wife's visa.

    Please help, my oldest kid is 2 years old and 10 months old the youngest. What can I do now?
  2. #2
    ImmigAttyLana is offline Senior Member
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    Why were the kids not included in the I-130? If they were, then the kids along with the wife are eligible for immigrant visas from the US Consulate abroad (in their home country).

    Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  3. #3
    NickGreen is offline Member
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    Strange**************.....

    I don't know why they told you to file an I-129F, as that is only for a fiance(e) of a US citizen to come and marry in the US, and you guys are already married. Lana is right, your spouse and children should be on the I-130, if they're not, check to see why! Worst comes to worst you have to file an I-130 for the kids.


    Nick
    Last edited by NickGreen; 01-05-2005 at 01:03 PM.
  4. #4
    evcalyptos is offline Senior Member
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    Quote Originally Posted by ImmigAttyLana
    Why were the kids not included in the I-130? If they were, then the kids along with the wife are eligible for immigrant visas from the US Consulate abroad (in their home country).

    Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
    Don't the children each need their own I-130 filed on their behalf? This has become a common problem with the K3 slow down because children can get derivative K4s, but if the parent follows I-130--->IV, the kids can not be derivatives.
  5. #5
    evcalyptos is offline Senior Member
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    Quote Originally Posted by NickGreen
    I don't know why they told you to file an I-129F, as that is only for a fiance(e) of a US citizen to come and marry in the US, and you guys are already married. Lana is right, your spouse and children should be on the I-130, if they're not, check to see why! Worst comes to worst you have to file an I-130 for the kids.


    Nick
    Nick, I-129f is also used for spouses. After an I-130 has been filed, the USC may also file an I-129f to lead to a spouse K3 visa.
  6. #6
    kulitnomore is offline Junior Member
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    jcqomar -

    I think I am in the same situation as you are, only that my I130 for my husband is not yet approved. I filed it on September 2003. Can I please ask you when did you file yours & what couhtry your wife & kids are coming from?

    Appreciate any info you can provide...
  7. #7
    sfhameed is offline Junior Member
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    I130 and K3

    Hi I went online to check my case staus over the weekend and it appears that both my I-130 and my I-295F for a spouse visa were approved on the same day by the VSC- I am now confused as to which process will move forward. Can anybody help?

    Many Thanks
  8. #8
    evcalyptos is offline Senior Member
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    Quote Originally Posted by sfhameed View Post
    Hi I went online to check my case staus over the weekend and it appears that both my I-130 and my I-295F for a spouse visa were approved on the same day by the VSC- I am now confused as to which process will move forward. Can anybody help?

    Many Thanks
    Immediately notify VSC and NVC of your intentions. Which are..?
  9. #9
    ImmigAttyLana is offline Senior Member
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    It is not true that just because the I-130 is approved the I-129F will be abandoned. I have had clients who entered on the K-3/K4 pursuant to an approved I-129F even once the I-130 on behalf of the spouse had been approved. You should have filed the I-130 for each of the children as well or should do so now, in case they are not permitted to continue with the I-129F processing.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  10. #10
    evcalyptos is offline Senior Member
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    Quote Originally Posted by ImmigAttyLana View Post
    It is not true that just because the I-130 is approved the I-129F will be abandoned. I have had clients who entered on the K-3/K4 pursuant to an approved I-129F even once the I-130 on behalf of the spouse had been approved. You should have filed the I-130 for each of the children as well or should do so now, in case they are not permitted to continue with the I-129F processing.
    Lana by way of FYI, the Service Centers are holding I-130s when there is an I-129f also in progress. They are eliminating the ability to take the K-3 and return to the home country for an IV interview a few months later. K-3s are expected to AOS and if they do want to go back for the IV, must file I-824 at $200 and cross their fingers for the transfer.
    It stinks, and not everyone is yet aware of it. There isn't even an official word out, but this is what is being reported regularly by K-3 couples.
  11. #11
    ImmigAttyLana is offline Senior Member
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    But from my experience most people would prefer to AOS than to do consular processing since any delays in security clearance checks are much better "tolerated" if people are in the US with their spouses and not away waiting for some date in the future...
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH

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