help please, both i-130 and i-129f approved

[cmlb18]

hi everyone. both my cases were approved. but i have a question. here is the situation:

i recieved a mailing that k3 was approved and online it was updated. the i-130 was still pending online. i called the national visa center and they gave me the case number for the k3. they also told me that the file was xfered over to the consulate´s office. i went to the consulate´s office and the confirmed that file was xfered to them and my wife should get her paperwork for interview soon. all this happend first week on jan 2009.

then yesterday i recieved a letter from the national visa center saying that i have to pay aos fee. i called the nvc again to ask why. i was advised that both k3 and i-130 were approved. i checked online and it said that i-130 is still pending. i was told by the agent at nvc that my wife can complete k3 in ecuador and then continue with i-130 once she is in the us. the agent said that consulate will not know that i-130 was approved till they get file.

but from reading some bulletins here, i see that the k3 should be canceled. can somebody help me. what should i do? can i really go through with k3 to get her in the US sooner. what are my options? is one option more expensive then the other.


thanks for any help

[nichole]

It is my understanding that if the petitions "tie" and both get approved, then you can more or less pick which one you want to go with.

If you want the K3, then prepare the documents and get ready for the interview, while ignoring payments to the NVC for the CR1 processing. I don't believe it is necessary to cancel one or the other as the one not chosen will go off to "storage" so to speak.

If she gets the K3, then wife enters the US to file for Adjustment of Status (green card) and gets to stay in the US, no matter how long it takes to process. It costs $1010 to apply for the AOS and the work authorization. So she gets to the US faster, but it costs a little more and she can't work immediately. It will take 60-90 days usually to get the work permit.

If you go with the CR1, then wife stays out of the US while the adjustment of status process happens. She will get a green card shortly after arriving in the US and can work.

Just a note about interviewing at Guayaquil. I've read people's descriptions and the recent ones say it is very important for the US spouse to attend the interview to assure approval, even though communication from the embassy might say he will not be admitted. Go to the interview! Also prepare a lot of evidence of your marriage, cards, letters, emails, visits, photos, etc because they study that pretty carefully at Guayaquil, while other places do not. They also want good documentation of the Affidavit of support.