UPDATE: Form I-797C, Notice of Action (“Notice of Action 01”) Received

November 20th, 2023

We received Form I-797C “Notice of Action” in the mail today from the USCIS!

Example of Form I-797C “Notice of Action”

From the USCIS website:

“The USCIS will send Form I-797C, Notice of Action, to an applicant/petitioner in order to communicate information related to notices of: receipt, rejection, transfer, re-open, and appointment fingerprint, biometric capture, interview, rescheduled). If you receive a Form I-797C in the mail, please pay close attention to what it says. Ignoring the instructions in a Notice of Action might delay your case.”

For us in the marriage green card community, this is commonly known as “Notice of Action 01.” This is sent upon receipt of Form I-130 “Petition for Alien Relative” application. This is exciting for two reasons: first, we are one step closer to being awarded with Jessica’s CR1 Spouse Visa, and second, we are now ready to submit our application for Jessica’s second visa: the K3 “Nonimmigrant Visa for a Spouse.”

Believe me when I say that we are trying to do everything within our power to begin our lives together in the United States the right way AND quickly. The K3 visa is not awarded very often, however, there is still a slight possibility. Moreover, the rumors going around the marriage green card community is that submitting a K3 visa application can potentially speed up the review of a concurrent I-130 application. Nothing is guaranteed as this is all simply rumors, however, there are no fees associated with the K3 application specifically for concurrent CR1 Spouse Visa applicants.

We have absolutely nothing to lose and everything we can possibly gain. We decided to send it. Full send.

Fortunately, Jessica and I filled out Form I-129F “Petition for Alien Fiance” before she returned to Brazil and I have been working on accumulating the additional requirements for this application. The last thing we were waiting for was this form that just arrived, Form I-797C. Now that is here, our wait is over and I will mail our applicaiton for our K3 Nonimmigrant Visa for a Spouse tomorrow.