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View Full Version : I-130 vs. 129 ? i'm new at this !


imisshimmuch
08-11-2007, 02:35 AM
Good evening everyone , I'm new to all of this. As I search through the forums I see many filing or have filed for both I-130 AND I-129F, why is this ? I have a lawyer and as far as I know we only sent in an I-130. I'm all concerned :shy:

kitkat1
08-11-2007, 03:11 AM
I-130 is for an immigrant visa.

Follow it up with an I-129F and the result is a non-immigrant visa which requires further adjustment of status/fees/waiting after entry into the US.

In some countries, NON immigrant visas are processed much more quickly and there is not a long wait for an interview date, so many people chose to go this route.

Info here:

http://travel.state.gov/visa/immigrants/types/types_1315.html

Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form 1-130; and Petition for Alien Fiancé(e), Form I-129F

and here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Marriage Based Immigration Choices

angela256z
08-11-2007, 05:43 AM
Most people file the I-129F to get a faster interview, but it only gives you a temp visa if you go with that appointment. Once back in the US you will have to adjust the status of the immigrant and its now over $1000 to file for that. If your spouse is in the US with you save the money and wait for your interview. If your spouse is not in the US you can file the I-129F to get an interview faster.

aussiewench
08-11-2007, 06:05 PM
You can also have a look here for a comprehensive overview of the immigrant and K-3 visa (http://www.familybasedimmigration.com/forum/index.php) It also gives good up-to-date pros and cons of each visa.

imisshimmuch
08-19-2007, 11:21 PM
Thanks for your help everyone ! :thumbup: