DCF or I-130 - advice needed, please!
Oct 29th 2002, 5:04 am
#1
Guest
Posts: n/a
DCF or I-130 - advice needed, please!
Hi there,
I need some advice from you guys.
My husband (USC) and I are currently living in Germany. We got married here
in April.
Then Matt went back to the U.S. and filed I-130 there. The date of the 1st
NOA from NSC was May 28th. He was supposed to file I-129F for the K3 as
well, but then I found out about DCF. So he came back to Germany and never
filed I-129F.
The requirement for Matt to be able to do DCF is to obtain a residence
permit for Germany. He got it today.
Now I'm wondering:
Should we abandon the pending petition and go for DCF or would we be better
of waiting until the petition we originally filed is approved? Is it
possible at all to go through the rest of the procedure (after the petition
being approved) with the both of us being in Germany?
Has anybody ever heard that INS could forward the petition to the INS post
in Germany so we wouldn't have to file it again (and spend the money again)?
I'm also worried because the online status check doesn't find my case at
all. The phone message says 135 to 165 days for processing. We are on day
154 now. Is it possible that they don't work on our petition because we
wrote on it that we are going to file I-129F for the K3 as well?
Any advice would be greatly appreciated.
Denise
I need some advice from you guys.
My husband (USC) and I are currently living in Germany. We got married here
in April.
Then Matt went back to the U.S. and filed I-130 there. The date of the 1st
NOA from NSC was May 28th. He was supposed to file I-129F for the K3 as
well, but then I found out about DCF. So he came back to Germany and never
filed I-129F.
The requirement for Matt to be able to do DCF is to obtain a residence
permit for Germany. He got it today.
Now I'm wondering:
Should we abandon the pending petition and go for DCF or would we be better
of waiting until the petition we originally filed is approved? Is it
possible at all to go through the rest of the procedure (after the petition
being approved) with the both of us being in Germany?
Has anybody ever heard that INS could forward the petition to the INS post
in Germany so we wouldn't have to file it again (and spend the money again)?
I'm also worried because the online status check doesn't find my case at
all. The phone message says 135 to 165 days for processing. We are on day
154 now. Is it possible that they don't work on our petition because we
wrote on it that we are going to file I-129F for the K3 as well?
Any advice would be greatly appreciated.
Denise
Oct 29th 2002, 6:04 am
#2
Concierge
Joined: Apr 2001
Posts: 46,467
No they would have worked on it regardless. The I-130 if it is approved before the K-3 is approved at Missouri would have taken precedence.
No you cannot ask to have the I-130 sent to the US Consulate in an effort to save money. Not even a remote possibility. If you want to do DCF then you will have to contact the US Consulate, obtain the forms and file all over again with them.
BTW as your husband is living with you, he will not be in the US to obtain the forms that are sent to him after NSC approves the I-130 and sends it to NVC which in turn sends him the agent letter and affidavit of support for completion. Without him there to intercept those papers and return them, your petition might be considered abandoned after a certain time period.
Rete
No you cannot ask to have the I-130 sent to the US Consulate in an effort to save money. Not even a remote possibility. If you want to do DCF then you will have to contact the US Consulate, obtain the forms and file all over again with them.
BTW as your husband is living with you, he will not be in the US to obtain the forms that are sent to him after NSC approves the I-130 and sends it to NVC which in turn sends him the agent letter and affidavit of support for completion. Without him there to intercept those papers and return them, your petition might be considered abandoned after a certain time period.
Rete
