Rete

You hired an attorney and sought a second opinion and both concurred that the I-129F would be adjudicated before the I-130. So, of course, you would go by the attorney's advice. After all we are just laypeople who recount our experiences and the experiences of others and what we have seen transpire over the years in terms of transferring cases from one service center to another, which petitions will garner first preference in terms of adjudication (i.e. AOS vs. Removal of Conditions) and only seek to make these tidbits known to those seeking guidance.

You have done nothing "wrong" nor has your husband, Jeff.

Our experience has shown that for the last two or so years, the I-129F has been just about dead in the water and that the I-130 is adjudicated faster than the I-129F. That is the reason why our responding posts differed so radically from your retained attorney. He might not have as much experience with the I-129F. After all we see it daily and he might only see it occasionally.

No you are not stupid and I honestly don't see that anyone is telling you that you are. We are preplexed as to why you and Jeff refused to submit the I-130 for your son since it will be needed in any case for his adjustment of status and why you wouldn't want to hedge your bet against the possibility that the I-129F does not make the finish line. That is not an accusation of stupidity.

When or if you or Jeff calls your attorney he will only tell you the very same thing that he has all along. That USCIS will note his instructions which accompanied your petition and will delay the adjudication of the I-130 and allow the I-129F to be approved first. Please do not expect anything else from him. He might truly believe this and I'm hoping that his belief is not unfounded. I would like to see your family reunited as soon as possible.

Just fill out the I-130 for your son and when you send it in include an attached note that you have another I-130 pending for his mother and include the file number for said petition and if you have a copy in your possession, include either the front page of the petition or a copy of your receipt notice. USCIS does try to see that the two will be joined together. I have seen this happen to someone else on these forums from Canada who didn't file an I-129F but thought the daughter would automatically be included in the mother's I-130. Lo and behold she found out that it didn't and she had to file her daughter's I-130 after her's was approved Stateside.

Hugs and don't give up yet.

Rete

Noorah101

Hi Michelle,

I just wanted to say I don't think you're stupid at all. Not knowing the process, of course you consulted with an attorney, I did the same thing way back when I started my own K-1 case. Then I found this forum. After a while, I started listening to both the lawyer and the forum, and if there were any discrepencies, I made it a point to find out which one was more current or more correct. For example, my attorney told me it would take no longer than 4 to 6 months for Sadegh to get his visa. Once I found this forum, I realized people can get caught in security checks or admin processing after the interview, and it happens often for Middle Easterners, so I stopped hoping for a 6-month approval. As it turned out, as you know, it took 14 months...way off my attorney's mark. So I think that those of us who have been around the forum and seen SO many cases in real life come through here, we try to help you see other possibilities, or pitfalls that could happen if you only go the direction of your attorney. It doesn't mean you're stupid. We just want you to really understand that if you only stick to the one route of K-3, you will be missing out on getting the Immigrant Visa done properly, should it come to that.

No hard feelings, I hope.
Best Wishes,
Rene

LynannC

Michelle

Please don't let this get to you. You sound so down. I don't think anyone on here thinks you are stupid. When I started this awful immigration process I naively thought it would be fairly quick, about 6-8 weeks. I really had no idea how bad it would get. I had several American friends who had married Brits, or UK Permanent Residents, and they all had a really straightforward time getting settlement visas for coming to the UK. I thought it would be similar, but maybe a little longer going in the other direction. How wrong I was. It wasn't because I was stupid, just uninformed. It wasn't until we got hit with all the delays in getting our receipt that I started looking further into it and found this forum. I was really shocked and horrified by some of the stories found on here. Little did I know that we would become one of those horror stories.

I was so frustrated and disappointed when I saw the updated processing times today. The K-3's have only moved to 18th Oct, and we didn't get that one filed until 22nd Jan because of all the delays with the I-130 receipt. The I-130 hasn't moved at all in the last month. I am trying to keep a positive mind about it, that after the July rush gets cleared everyone after that will speed up, but there really is no way to know for sure. I'm frustrated with how long this is taking, and I've been able to spend a little time with Rob, so I know it has to be even worse for you. Unfortunately I won't see him again until I get Stateside, unless I'm still here for Christmas, as I've insisted he come over for Christmas if I'm still stuck here.

Try to focus on the positives, even if there is only one or two. At least you now have time to get your son's I-130 filed and joined to yours just in case they do cancel your K-3.

Hang in there. It will come to an end at some point.

Lyn

jeffmich2007

Hi All

I am back after getting Jeff to talk with USCIS... He tried our Attorney several times but got no answer even after leaving voice mail ) and beileve it or not...this is true ...the lady he spoke with at USCIS for a long time, i'd say about 25 mins...she gave Jeff what seems to be good advice and was very fluent in her suggestions...here goes....

The lady was called Angela she told jeff that he should file I-130 for my son and send a letter to Chicago explaining that i am the mother of Neil ( my son) and that my I-130 is at Vermont Service Centre where we request for Neils Petition to be expedited to so it can be joined up with mine also to say that I have full custody of my son since his biological father doesn't have custody and lives overseas i am the only parent h lives with which is true.

She said this will help expedite Neils petition.

She said to cancel our I-129F at Vermont again write a letter and attach the NOA1 reciept to the letter.

She also told Jeff that this can be done and that our attorney should have definitely filed I-130's for both of us at the same time which i know makes sense. She said that if my I-130 does get approved before they attach neils I-130 to mine then i can still go ahead and get interview because neil is a minor ( 12yrs of age) and said that the Consular Officer have approved a child under the age of 15 because he will not require all the checks like an adult does so less paperwork to go through compared to me.

She did say Neil will possibly have to attend London because his file probably won't be approved US side but the CO may approve in London as long as we have the EAD Number so they can track his case and marry them up with mine.
I am sure if we file his I-130 by beginning of next week we might be lucky and get Neils NOA1 before my approval or atleast before i have my interview.

I am sad that our attorney has sent us down the path of frustration and it seems USCIS has confirmed that it is very possible that my I-130 will get approved soon and my I-129F will be cancelled so i am now getting all the forms i need to fill out and sign and then send to Jeff for him to fill out his part and then we are gonna fedex it out ASAP to Chicago

We have nothing to lose because it looks very like my I-29F will get cancelled leaving neil with no petition and i would NEVER abandon my son all i can do is try....If it means i am not gonna be there for another 4 to 6 months then so be it...i want this done right and i wish i had worked harder on the Attorney to file I-130 for my son because i did tell him i wanted to do that but he was adiment that K3 was what we should do and that all would be fine.....what a joke his advice was !!!

I know it was mentioned that a canadian lady filed an I-130 for her daughter ....how long did it take for her daughters I-130 to catch up?
Or does anyone know if ppl have been through this and the timescale /outcome ?

I am going to call London tomorrow and ask what will happen if I get approved before neil and what they can do to help ?

My apologies for getting all upset over this but this is a huge move for me and my son and i just want it to be right.

Wish me luck and i will keep you updated on the happenings.
I guess this will be a case to remember and learn from, certainly for me it is!

Kind Regards

Michelle

Noorah101

Thanks for the update, Michelle. I'm not sure I would go so far as to cancel the pending I-129F just yet...but go ahead and file the I-130 for Neil. Who knows, if your I-129F DOES go through faster, you can still have the option of K3/4. Don't cancel out all your options so fast.

I'm glad to see at least USCIS gave out some decent advice!

Rene

Rete

Sounds like Jeff got a supervisor on the phone. Her advice was the same as mine in regards to attempting to join up the two I-130's.

Michelle, I would not cancel out the I-129F just as Rene said. If it is approved first, hooray for earlier reunion. If it doesn't, then it will be cancelled automatically so you really don't need to do anything.

As for the Canadian lady, if I am remember correctly without doing a search for her posts, it took about 4 months to get matched up and sent to Montreal in Canada.

jeffmich2007

Thanks for the advice and this time i won't cancel the I-129F because it's only right i keep all options open
I am just gathering the info for my sons petition and can hopefully get it completed today

For my sons I-130 Do i need to send everything i have in my I-130 I have copies of everything here or is it just my sons Birth Cert copy of my divorce papers...My birth Cert etc.... ??
we were told to send it to Chicago but is that Lockbox ? I assume it is reading the info ?

Michelle

jeffmich2007

Sorry to be a bother but do i file the I-130 ( 2 page form ) along with the Biographic Information Form G-325A for my son ?

Noorah101

What do the instructions say to do? www.uscis.gov, Immigration Forms, I-130. Usually those form instructions are pretty detailed and specific.

And although you say "I file..." I think you mean "Jeff files...", since he's the one who will fill out the form and file it.

Rene

jeffmich2007

Yes I did mean Jeff will file but im filling out the details on I-130 and G-325A for Neils petition, trying to make it easier for Jeff then i will send to Jeff via e-mail so that he can copy information onto his blank I-130 and G-325A Forms just so he has all correct info and since i do not sign any of it he will sign and send to Chicago. I will send the supporting documentation, birth cert..my divorce decree etc....
Do you think this will be ok to send to jeff's e-mail then he can print it all off and sign ?

Michelle

Rete

One item you will definitely require is your current marriage certificate. Jeff will need to prove that you two are legally wed and you will need proof that you are Neil's mother so that would be Neil's birth certificate. Since I did not complete the I-130 route (we did the K-1 route back in 1998), I can't tell you more than that.

Noorah101

Yes, that should be fine, as long as it has Jeff's original signature on it. Just double check the instructions for filing for a step child, I believe there are just a bit different than filing for a spouse. I am thinking there is no G-325A needed, but double check the instructions.

Rene

Bluegrass Lass

Not to throw another issue at the OP, but there is an add'l detail I thought of. Let's say she does get the I-130 approved relatively soon, goes to her interview in London and gets approved. She then has 6 months to use the CR1 visa before it expires, correct? Is there a possibility that it could take longer than that for her son's I-130 to get approved and sent to London? If so, and given she can't leave her son, is there the possibility the CR1 could expire before she enters the US on it, thus forcing them to start all over again?

Or I assume she could always enter the US on the CR1 to activate it and then return back to the UK to await her son's I-130 approval?

Noorah101

Yes. She would have 6 months to use her immigrant visa, if hers comes through first (if USCIS can't match them up for them to attend the interview together). If Neil's seems to be taking longer than the 6 months she has to use her visa, then yes, she can enter the USA, activate her PR status, then return to the UK to continue waiting with her son.

Rene

Folinskyinla

Hi:

No G-325A needed. That form is required only for spousal petitions not for child petitions. Also, the two photos are only on spousal petitions.