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K3, a 'missing' I-130, and Laguna Niguel

K3, a 'missing' I-130, and Laguna Niguel

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Old Sep 13th 2004, 7:54 pm
  #1  
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Location: San Jose, CA USA
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Default K3, a 'missing' I-130, and Laguna Niguel

Hello,

I havent been here a while, I hope all has been (relatively) well on this forum. My wife and I were in hibernation mode, hoping maybe we could fall asleep until she receives some kind of notice that a green card is on the horizon.

So, after seeing others in her situation getting residency a year ago, after worries, waits, and a near-divorce.....nothing.

Here's a recap:
Jan 2002, received notice that I-130 was received
Mar 2002, received notice that I129-F was received
October 2002, Wife got her K3 visa
November 2002, moved to USA
...wait...
...wait...
July 2004, realized K3 is about to expire
August 2004, learned about K3 extension application (through this forum, of course)
August 2004, received notice that form has been received, and bad news that her visa will probably expire before extension is granted

_________________________________
and now:

September 2004, we just received this notice regarding her I-130 (after 4 status inquiries):

"after an extensive search...we find it necessary to request a recunstructed petition for review"

and we are given an address to the Laguna NIguel Congressional Liaison Unit

Has anyone received a letter like this? I could not get any answers from the CSC, and no numbers to this office. I have many, like the following:

- what happened?
- what is the Congressional Liaison Unit?
- She lives here but her original I130 has her old address, and mine. (the I129 has my updated address)
- do we have to repay?
- what happens when her visa expires? INS says she can continue to live here, but we havent been having the best of luck from them

any help will be greatly appreciated. thank you

-Court & Maneerat
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Old Sep 14th 2004, 12:41 pm
  #2  
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Default Re: K3, a 'missing' I-130, and Laguna Niguel

Originally Posted by cbernard
Hello,

I havent been here a while, I hope all has been (relatively) well on this forum. My wife and I were in hibernation mode, hoping maybe we could fall asleep until she receives some kind of notice that a green card is on the horizon.

So, after seeing others in her situation getting residency a year ago, after worries, waits, and a near-divorce.....nothing.

Here's a recap:
Jan 2002, received notice that I-130 was received
Mar 2002, received notice that I129-F was received
October 2002, Wife got her K3 visa
November 2002, moved to USA
...wait...
...wait...
July 2004, realized K3 is about to expire
August 2004, learned about K3 extension application (through this forum, of course)
August 2004, received notice that form has been received, and bad news that her visa will probably expire before extension is granted

_________________________________
and now:

September 2004, we just received this notice regarding her I-130 (after 4 status inquiries):

"after an extensive search...we find it necessary to request a recunstructed petition for review"

and we are given an address to the Laguna NIguel Congressional Liaison Unit

Has anyone received a letter like this? I could not get any answers from the CSC, and no numbers to this office. I have many, like the following:

- what happened?
- what is the Congressional Liaison Unit?
- She lives here but her original I130 has her old address, and mine. (the I129 has my updated address)
- do we have to repay?
- what happens when her visa expires? INS says she can continue to live here, but we havent been having the best of luck from them

any help will be greatly appreciated. thank you

-Court & Maneerat
I wish I could tell you what happened other than your I-130 simply being lost ...
Here is some information on the 'Congressional Liaison Unit':
http://uscis.gov/graphics/fieldoffic...s/overview.htm

My guess is that you'll simply have to file a complete new I-130 petition, fully documented, I would advice you to add a cover letter briefly explaining why you're re-filing, attaching a copy of your original NOA, copy of the letter you quoted, copy of the K3-Visa, copy of your spouse's current I-94 and a new check for the I-130, too.

Since you have proof of your original I-130 being received (your NOA) and the USCIS letter states that they lost it (?!) you *may* be lucky and they won't cash the check but send it back, I wouldn't count on it however...

Yes, I would think that your spouse's status is perfectly OK, I would however NOT advice your spouse to leave the US until this issue is solved and file for a travel document - http://uscis.gov/graphics/formsfee/forms/i-131.htm - in the meantime if she needs to travel!
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Old Sep 14th 2004, 1:37 pm
  #3  
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Default Re: K3, a 'missing' I-130, and Laguna Niguel

Hi Court

Welcome back but sorry to learn that it is for this reason. Were your inquiries made through the USCIS channels or through a Congressional Representative's immigration liaison.

We have dealt with the NYC Congressional Unit at 26 Fed Plaza but only after an inquiry and finding by the liaison.

I would be hesitant to include a new check with the I-130 unless it was specifically asked for. It doesn't seem from their reply that they are asking you for a new one just copies of the old one since the originals cannot be found. I would, of course, provide that to them asap but be sure that you note the change of address to the one you are currently living at.

If a brand new I-130 is needed I would again be hesitant to send that through the service center and would instead, if it were me, want to file that along with an I-485 to the local district office, thereby, eliminating the two prong waiting period; approval of the I-130 and then the wait for the approval of the I-485.

Rete

Originally Posted by cbernard
Hello,

I havent been here a while, I hope all has been (relatively) well on this forum. My wife and I were in hibernation mode, hoping maybe we could fall asleep until she receives some kind of notice that a green card is on the horizon.

So, after seeing others in her situation getting residency a year ago, after worries, waits, and a near-divorce.....nothing.

Here's a recap:
Jan 2002, received notice that I-130 was received
Mar 2002, received notice that I129-F was received
October 2002, Wife got her K3 visa
November 2002, moved to USA
...wait...
...wait...
July 2004, realized K3 is about to expire
August 2004, learned about K3 extension application (through this forum, of course)
August 2004, received notice that form has been received, and bad news that her visa will probably expire before extension is granted

_________________________________
and now:

September 2004, we just received this notice regarding her I-130 (after 4 status inquiries):

"after an extensive search...we find it necessary to request a recunstructed petition for review"

and we are given an address to the Laguna NIguel Congressional Liaison Unit

Has anyone received a letter like this? I could not get any answers from the CSC, and no numbers to this office. I have many, like the following:

- what happened?
- what is the Congressional Liaison Unit?
- She lives here but her original I130 has her old address, and mine. (the I129 has my updated address)
- do we have to repay?
- what happens when her visa expires? INS says she can continue to live here, but we havent been having the best of luck from them

any help will be greatly appreciated. thank you

-Court & Maneerat
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Old Dec 5th 2004, 7:03 pm
  #4  
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Posts: 123
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Default Re: K3, a 'missing' I-130, and Laguna Niguel

Originally Posted by Rete
Hi Court

Welcome back but sorry to learn that it is for this reason. Were your inquiries made through the USCIS channels or through a Congressional Representative's immigration liaison.
hello, thank you both for replying and the information. Yes it has been a couple months since i wrote this post, I was switching to a new computer, and during the process, just completely forgot due to a work and responsibility overload. Sorry about that!

We sent the copies to the C.L.U., and havent heard anything for a couple months. I have decided to send them a letter every month, maybe with pictures or something to make it more personal ( I am assuming that they are still human!), until we get a reply. I will keep you posted on the outcome.
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