I 129F then K3

[sultane953]

I would like some specialist advices about this :
My husband has filed for I 129F in 2008 and get married before receiving the approval.
When we have completed our file during the process, we have included also our marriage certificate.
Few months later, we have been advised of K3 visa approval instead of the K1 that we have filed for (guess because of the new piece..marriage certificate..)

When arriving in states with the K3 visa, I have filed for an adjustment of statut I 485 based of case 2, 1st part which is for spouses.

during almost 1 year, many document have been requested to complete my file, like updated affadavit of support, updated taxes and so on..

After all mails, came finally my appointment with my husband at the USCIS.
I've been requested during my interview to provide the approval of the I 130 that I didnt have caus what I obtained was an I 129 approval and my k3 visa.

Please let me know, after receiving I 129f approval , are we supposed to make another request for the I 130?

[sultane953]

I would like some specialist advices about this :
My husband has filed for I 129F in 2008 and get married before receiving the approval.
When we have completed our file during the process, we have included also our marriage certificate.
Few months later, we have been advised of K3 visa approval instead of the K1 that we have filed for (guess because of the new piece..marriage certificate..)

When arriving in states with the K3 visa, I have filed for an adjustment of statut I 485 based of case 2, 1st part which is for spouses.

during almost 1 year, many document have been requested to complete my file, like updated affadavit of support, updated taxes and so on..

After all mails, came finally my appointment with my husband at the USCIS.
I've been requested during my interview to provide the approval of the I 130 that I didnt have caus what I obtained was an I 129 approval and my k3 visa.

Please let me know, after receiving I 129f approval , are we supposed to make another request for the I 130?

[Aroha]

You're supposed to file the I-130 before filing the I-29F, Sultane953. In fact, you need to show proof on the I-29F that you have filed it. If they've approved you without it, then they've screwed up big time, but I suspect that it was filed and your husband has just forgotten (easy to do with so many forms and info to sift through!)

Go back through the paperwork and you'll probably find it there and if your husband hasn't kept it all together, give him a clip around the ears

[sultane953]

Thanks Aroha for your answer. I do re-confirm that we haven't filed for the I 130. We file I 130 before I 129 when requesting visa based on marriage, however we were not married yet.
Let me make this even clearer :
- October 2008 : we have filed for a fiance visa with I-129.
- January 2009, we get married.
- June 2009 : received an approved I-129
- July,8th 2009 : first letter fron National visa center advising they have received my approved I 129F petition.
- July,14th 2009 : letter from visa center advising that the visa symbol have been converted from K1 to K3.
- December 2009, issuance of K3 visa (spouse) at the embassy.
- June 2010 : filing for adjustment of statut 485 based on spouse statut (k3) proving approved I 129+ both letter from visa center.
- January 2011 : appointment at USCIS office where I have been requested to provide an approval of I 130.
Please tell me what was missing in the process, I am sure I have done every thing correctly.

- End of January 2011 : denial of 485 (with no appeal) based on absence of an approved I 130.

[Brit4064]

Ironically had you stayed on the K1 route, you likely would have been approved quicker than the K3 route. An I-130 is required for the K3 unlike the K1 which it isn't.

Worse case is you'll have to refile for the AoS WITH the approved I-130. Alternatively it may be possible to file a Motion to Reopen (MTR) since the denial is recent. This would be a cheaper option than the full AoS package. Good luck.