I-129F in connection with I-130

[angela256z]

Can someone send me links on filing the I-129F with the I-130. How much sooner might a person expect an appointment? Is it easy? What kind of questions do they ask in CDJ?

[USnoiva]

K-3 guide (http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide)

Hope this helps:)

[aussiewench]

Guide for Filing the I-129F for a Spouse (http://www.familybasedimmigration.com/forum/showthread.php?t=7) Also includes links to various important information on the USCIS site.

As for questions they may ask. They will often ask questions related to the information from the forms you completed that they have in front of them e.g. your spouses occupation, how long has he/she worked there, does he/she have any children, when did you get married, where did you get married, etc etc.

[jsierra1982]

angela, one of us has been reading the other's mind throughout this whole thing! are you my long-lost twin? i have been wondering the same thing in the past couple of days, but i don't know if the benefits outweigh the drawbacks... i dunno maybe i'll just stick with the i-130 so that when it's over it's over, well for the most part anyway.

[IBMMuseum]

angela, one of us has been reading the other's mind throughout this whole thing! are you my long-lost twin? i have been wondering the same thing in the past couple of days, but i don't know if the benefits outweigh the drawbacks... i dunno maybe i'll just stick with the i-130so that when it's over it's over, well for the most part anyway.

Just make sure that you have your I-130 marked so it would allow for interview in the Consulate. Not really sure how to definatively do that (if you don't file an I-129F for K-3/K-4 don't worry about it), but most likely the consulate tries to determine the current location of the applicant for all I-130s it receives. As one of the links (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf) said, they now expect K-3/K-4 visa holders to adjust status (at about $1,000 per person) within the U.S. rather than interview on the I-130 at the consulate.

[angela256z]

Just make sure that you have your I-130 marked so it would allow for interview in the Consulate. Not really sure how to definatively do that (if you don't file an I-129F for K-3/K-4 don't worry about it), but most likely the consulate tries to determine the current location of the applicant for all I-130s it receives. As one of the links (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf) said, they now expect K-3/K-4 visa holders to adjust status (at about $1,000 per person) within the U.S. rather than interview on the I-130 at the consulate.

Ok now I am confused. I already sent in my I-130 what was I suppose to mark if I wanted to file the I-129F also? Oh I may just stick with the I-130 the more info i get the more confused I get.

[angela256z]

angela, one of us has been reading the other's mind throughout this whole thing! are you my long-lost twin? i have been wondering the same thing in the past couple of days, but i don't know if the benefits outweigh the drawbacks... i dunno maybe i'll just stick with the i-130 so that when it's over it's over, well for the most part anyway.

LOL - Maybe I am. I am starting to think that is more hassle than it is worth. I am so confused on it right now.

[IBMMuseum]

Can someone send me links on filing the I-129F with the I-130. How much sooner might a person expect an appointment? Is it easy? What kind of questions do they ask in CDJ?

When it comes down to it, I-130s and I-129Fs for K-3/K-4 seem to process in roughly the same timeframe. For some locations the I-130 are seen to move quicker. As of July 30th there isn't fees to file an I-129F if you have done an I-130, but look to all the hidden costs to find the best way for you.

If the I-130 has the interview after the wedding second year anniversary then the green card is for ten years with no conditions. No need to apply for removal of conditions or to adjust status. Work authorization (otherwise as a K-3/K-4 you might have to file an I-765 while the AOS is being processed) is given right away, the applicant can get an SSAN faster, etc.

For the interview typically only the applicant(s) are allowed in the consulate, not the sponsor. The interview officer will ask questions about the marriage and what you have as supporting evidence. Stronger evidence will really help, because the burden of proof is on you to show it is a legitimate marriage.

[IBMMuseum]

Ok now I am confused. I already sent in my I-130 what was I suppose to mark if I wanted to file the I-129F also? Oh I may just stick with the I-130 the more info i get the more confused I get.

You don't, as the I-130 has to have been received before the I-129F process is even started. I think an I-129F may be somewhat redundant for you now (in other words that unless you have money to just burn away to hedge every bet). How long have you been married?

[angela256z]

IBM - We have been married 10 months on Saturday. (talk about keeping track I'm obsessed with anniversaries :) ) so if we still with the I-130 we will most likely get a 10 greencard with the timeframe CDJ has I know, but I am concerned because he will lose his job soon with the new SS# rules.

[djones9714]

Angela256: I say, LET'S GO FOR IT. We will never know whether it is going to be faster or not. However, with everyone filing their I-130's to meet the fee increases at the end of July, I think we will have a better shot at the I-129 being approved faster because the main difference between the 2 is this: The I-129f can ONLY be filed by a U.S. citizen.

[IBMMuseum]

IBM - We have been married 10 months on Saturday. (talk about keeping track I'm obsessed with anniversaries :) ) so if we still with the I-130 we will most likely get a 10 greencard with the timeframe CDJ has I know, but I am concerned because he will lose his job soon with the new SS# rules.

But as EWI I don't think any interview/rentry on K-3/K-4 would be allowed for your husband now. Maybe I could be mistaken about the waiver process, but doesn't it come down to the I-130 being initially refused, then the I-601? So an I-129F may not help at all.

[djones9714]

I thought the process worked as follows: By filing the I-129f, you would still have to have the interview in the home country, and they would deny you. At this point, you would file the I-601 waiver and if approved, you would be issued the K-3 visa to enter the U.S. and apply for adjustment of status here. I am led to believe that the only reason for filing the I-129f as a U.S. citizen is to perhaps try to speed up the process faster of getting through the process to get the interview in the home country. If you already have the I-601 waiver approved, then they should allow you to enter on a K-3 and adjust here.

Based upon IBMMuseum's comment: Could someone explain this to me. I am confused by this.

But as EWI I don't think any interview/rentry on K-3/K-4 would be allowed for your husband now. Maybe I could be mistaken about the waiver process, but doesn't it come down to the I-130 being initially refused, then the I-601? So an I-129F may not help at all.

Are you saying that it won't do any good to file the I-129f because of EWI and if you are EWI, your only choice is to go the I-130 route? That is not what I have been reading but I may be reading it wrong.

Thanks for your help.

[USnoiva]

People file both forms to see which will get them an interview sooner.
Both have their pros and cons.
- If the I-130 is processed sooner, then an interview is held for an IR-1/CR-1 visa to enter the country with an immigrant visa(green card).
- If the I-129f is processed sooner, then an interview is held for a K-3 spouse visa. The K-3 requires the I-130 anyways. You can't file the I-129f until you get the NOA for the I-130 to include in the package. This is supposed to allow for the spouse to wait in the US for the I-130. Then, when the I-130 is approved, you can AOS.

Either way, an EWI is DENIED at the interview and files the I-601. So the sooner the appointment, the sooner you can file I-601.

You should really talk to Glubirne. She filed both.

[jsierra1982]

doesn't a person who ewi still have to interview in his/her home country (i.e. cdj?) i'm relatively sure that an ewi has to leave here no matter what.

[USnoiva]

You can't get a K-3 visa if your spouse is in the US. Just like you can't get an IR-1/CR-1 if your spouse is in the US.

Maybe I should clarify:
Yes an EWI must leave at some point. Just like the I-130 route.
You must go to the interview at the consulate and wait out the I-601 approval. Upon approval, a K-3 is issued and the spouse enters the USA to wait out the I-130 approval.
This path used to allow the spouse to wait out the I-130 in the USA. However, processing of both forms seems to be happening in a relative timeframe nowadays.
The K-3 was introduced years ago when the I-130 used to take a grueling amount of time to process.
K-3 used to be a much faster way to enter the USA. Interviews were granted for the K-3 way before the I-130.
Now, you may find that by the time you enter the USA on a K-3 your I-130 is approved.

You can then go back to the home country to interview on the CR-1/IR-1 and re-enter with GC instead of AOSing on the K-3.

Is that helpful? (or more confusing?)

[USnoiva]

One more thing, for an EWI who files the I-601 after a K-3 denial, you probably will find that your I-130 is approved by the time the I-601 is approved. Although you will probably be able to file that I-601 sooner with a K-3, and I say that lightly.

[angela256z]

Angela256: I say, LET'S GO FOR IT. We will never know whether it is going to be faster or not. However, with everyone filing their I-130's to meet the fee increases at the end of July, I think we will have a better shot at the I-129 being approved faster because the main difference between the 2 is this: The I-129f can ONLY be filed by a U.S. citizen.

I think we are I filled out the form last night and am going to make copies of things today.

But as EWI I don't think any interview/rentry on K-3/K-4 would be allowed for your husband now. Maybe I could be mistaken about the waiver process, but doesn't it come down to the I-130 being initially refused, then the I-601? So an I-129F may not help at all.

Yes I know that my hubby will have to go back to CDJ. I still plan on an I-601 even if I file the I-129F.