Sina

Hi,

I have filed I-129F for my wife 7 months ago but I haven't yet received any decision about it. Based on their processing time frame, they're now processing I-129F cases 6 months after filing.
I called USCIS once and they said we send a request for you to Vermont service center and you will receive the answer in no more than a month. Should I call them again?
By the way based on the same time frame, my I-130 is also processing now. Is there any probability that I receive the answer for I-130 sooner than I-129F? In this case what should I do about the K-3 case?

Thank you,
Sina

Noorah101

I don't know about the time frame aspect, but to my knowledge, if you file both an I-130 and an I-129F, then NVC assumes you want to pursue the K-3, and they put the I-130 on hold and do not move forward with it unless you tell them you do not want to follow the K-3 anymore.

Rene

Sina

Hi Rene,

Thanks. In this level, if I receive a letter from Vermont regarding my K-3, how much after that do you think we should wait for the interview?
I think now I should just receive an approval or rejection or need for more documents, and any letters regarding the interview will be sent later by the NVC or embassy, is this right?

Thanks,
Sina

Labhrais

There are many stages between the VSC and the interview. VSC sends you two notices, the NOA1 which acknowledges receipt of your paperwork and that they cashed the check and that usually does come in about a month or less. The next step is the NOA2 where they approve your petition and send it to the NVC for further processing. That can take several months.

The NVC does their thing, and sends it to the Consulate listed on the original petition. Then it stays at the Consulate level for a few more months while you fill out additional paperwork and once that is complete, you get an interview date.

Did you ever receive the first Notice of Action (NOA1)? Was your check cashed, and have you signed up for the online updates?

Sina

Hi,

Thanks for the post. Yes I received the NOA1 and my check was cashed. I have also signed up for online updates.
What should I do when my case is sent to NVC? Should I be in contact with them whenever I receive NOA2?
If my case is approved now, does it mean that there would be no problem in other processing levels like NVC and consulate and other levels just take time? For example is there any possibility that the case isn't approved by NVC or they request more documents?

Thanks,
Sina

Noorah101

Hi Sina,

I guess you'll only need to be in touch with NVC if you want to change something about your case (i.e., from K-3 to Immigrant Visa).

If your I-129F is the one that gets approved and sent to NVC, then you'll be following through with the K-3 visa. The I-129F approval does not guarantee that everything will go smoothly after that on the visa application side of things. NVC doesn't really "approve" anything, they just make sure all the necessary documents are there, and they may be the ones now who set up the interview date and send out Packet 3 (the visa application packet).

I suppose there is always a possibility that an RFE can be issued, even up until the time of the interview, if something is lacking there.

You've only crossed the first hurdle for now, the I-129F approval.

Rene

Labhrais

Your case will remain at the VSC until you receive a NOA2. The VSC will then forward it to the NVC on your behalf; the NVC will do background checks and assuming that all goes well the NVC will forward your petition to the appropriate Consulate. From the time you initially file at VSC until you receive a notice from the Consulate, you need to do nothing but wait provided you don't need to change an address or the location of the Consulate listed on the original petition.

As of right now, you have only filed a petition for "permission" for your non-USC relative to apply for a specific (family-based) type of visa.

Another website I frequent has some statistics regarding the K3 and VSC, stating that as of today, VSC is processing K3's with a NOA1 dates around March 31. Take that info with a grain of salt. If your NOA1 date is previous to March 31, perhaps time to enlist the aid of a US Senator/Representative.

If your case is approved by the VSC, and the NVC forwards it on the Consulate, you will be required to provide additional documentation to your non-USC family member for them to include with their actual visa application. The Consulate will then make a determination whether to grant it. So, approval of petition by VSC does not automatically translate into approval at the Consulate.

Good luck!