I-129F advise...

[JAVC]

What is the name of your state (only U.S. law)? VA

Dear forum,
I need some help in my wife's case.

Brief explanation... A year ago we send the I-485, I-130, I-785 & I-131 to the Vermont services center. The I-485 was denied because we travel outside of US during the process and never shown the I-131 to the immigrant officer at airport to be seal. In the denied I-485 letter DHS asked my wife to leave the country within 30 days so she can have the right to reapply again. She left 20 days after we received the denied notice. Immediately she left I sent the I-129F (K-3 visa) and a copy of my approved I-130 to National Benefits Center, P.O. BOX 648004, Lee's Summit, MO 64064 that is the address from where I received the approved notice of my I-130.

Is now 3 month and I haven't received the receipt letter that they send with the case number. So my questions here are:

1-) Is the address right or I need to send it to another place?
2-) Is it correct to use the approved I-130 to apply for an K-3 visa or I need to apply for a new I-130?
3-) Do I need to send the I-129F again in case they lost the first one that I sent?
4-) Do I need to do something else or in a different way for the I-129F?

Please help me with these questions...

I will appreciate all your help.

THANKS!!!!
JAVC

 

[evcalyptos]

What is the name of your state (only U.S. law)? VA

Dear forum,
I need some help in my wife's case.

Brief explanation... A year ago we send the I-485, I-130, I-785 & I-131 to the Vermont services center. The I-485 was denied because we travel outside of US during the process and never shown the I-131 to the immigrant officer at airport to be seal. In the denied I-485 letter DHS asked my wife to leave the country within 30 days so she can have the right to reapply again. She left 20 days after we received the denied notice. Immediately she left I sent the I-129F (K-3 visa) and a copy of my approved I-130 to National Benefits Center, P.O. BOX 648004, Lee's Summit, MO 64064 that is the address from where I received the approved notice of my I-130.

Is now 3 month and I haven't received the receipt letter that they send with the case number. So my questions here are:

1-) Is the address right or I need to send it to another place?
2-) Is it correct to use the approved I-130 to apply for an K-3 visa or I need to apply for a new I-130?
3-) Do I need to send the I-129F again in case they lost the first one that I sent?
4-) Do I need to do something else or in a different way for the I-129F?

Please help me with these questions...

I will appreciate all your help.

THANKS!!!!
JAVC

Frankly, I encourage you to hire some help; you have done things totally upside down and it is a shame that you let your wife leave the US--she should have stayed here and solved it from the inside.

I do not encourage you to prepare your own case.. sometimes it just is that way. You haven't sent anything to the correct address yet. Please get some professional help.

 

[JAVC]

Why you're saying I did everything wrong?
I went a few time to the USCIS office to ask for the process and they told me that the first thing was getting the I-129F and that I can use my approved I-130 for this. Can you explain me what exactly I did wrong? Because the first process was very smoothly. I sent all the form with all the requirement and my wife start getting all the paper right away. From when I send the I-485 & I-130, and we get the notice after the interview was almost one year. So I thing I did something right ut any way your are the expert.

I'll really appreciate if you can tell me what exactly I did wrong?

Thanks!!

JAVC

 

[evcalyptos]

Why you're saying I did everything wrong?
I went a few time to the USCIS office to ask for the process and they told me that the first thing was getting the I-129F and that I can use my approved I-130 for this. Can you explain me what exactly I did wrong? Because the first process was very smoothly. I sent all the form with all the requirement and my wife start getting all the paper right away. From when I send the I-485 & I-130, and we get the notice after the interview was almost one year. So I thing I did something right ut any way your are the expert.

I'll really appreciate if you can tell me what exactly I did wrong?

Thanks!!

JAVC

You sent your initial applications to the wrong place (VSC)
You let your wife leave the US without a travel document

You know what? There is too much. I'm sorry, but I'm not willing to write out everything you did wrong plus what you need to do to fix it.
Catholic Charities is a very good low cost option for some help.

 

[JAVC]

evcalyptos

Thanks so much for all your help and sorry for all the information that I missed. I will try to explain you why I did what I did and maybe you can give me another advice or check if everything that I’m doing is right.

About the wrong address, you are right and wrong at the same time but is only my fault not yours. I’ve never told you when I sent the paper. Right now everybody should now that if you want to fill an I-485 you need to send it to Chicago, IL but in my case I sent it before USCIS changed the address back on July 2007. So send it to VSC before July 30 of 2007 was right in that time.

About letting go my wife, is because she can come any time to US but only for visiting. She has a B-1/B-2 visa (Visitor Visa). Actually she is coming tomorrow (Wednesday 22nd) to visite me . Also, we decided to do this because we knew that if she stayed in US after the 30 days that USCIS gave her, they were going to start a deportation process on her and we didn't want to fight a case like that one because we knew that if we loss that case (deportation case) she won’t be able to apply again until the rule of the 10 year end.

Now let me explain you why the I-485 was denied

1-) We travel outside the US during the process and came back but never show the approved I-131 to the immigration officer at the airport. So we never receipt a stamp on it so it was like we abandon our case.

2-) We never apply for a K-3 visa because we thought that using the B-1/B-2 to enter the US was legal. Actually it is but not for the I-485 process. You need to have an immigrant visa in order to start the process. You can’t apply for adjust of status (I-485) we a non-immigrant visa like we did.

So these were the two reason why they denied the case.

Can you tell me if applying for a K-3 is the right thing to do here our should I do something else.

Thanks so much for everything and again sorry for all the misunderstanding.

JAVC

 

[evcalyptos]

JAVC, I mean no harm, I just don't have it in me to start from the top. I heartily recommend you go to visajourney.com and read up on the current status of K-3 visa there. You will quickly learn what to do to get your wife's case back on track.
Good luck & best wishes.