View Full Version : Do I have to file I-129?
ARodrigues
07-06-2007, 02:28 PM
I filed the I-130 (we are married). Do I have to file I-129, too, or is that a measure people take just to speed things up?
Pinkpig
07-06-2007, 03:45 PM
I filed the I-130 (we are married). Do I have to file I-129, too, or is that a measure people take just to speed things up?
No, you do not have to file the I-129f also. Yes, it is a measure people take just to speed things up.
Adriane
07-06-2007, 06:37 PM
Yes, Pinkpig is right (like always!)
As long as your husband is in the country and safe, it might not be worth it to file- all it will do is result in your separation faster (asssuming you'll be filing the I-601.)
Good luck!
kitkat1
07-06-2007, 09:20 PM
I filed the I-130 (we are married). Do I have to file I-129, too, or is that a measure people take just to speed things up?
Start by reading 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
ARodrigues
07-06-2007, 09:47 PM
kitkat, so you read that as being required to file both? It does sound like that, but I'm confused..I thought that when the approval was received for one, the application for the other was typically cancelled at the request of the US citizen..
kitkat1
07-06-2007, 10:37 PM
No. it states that there are two ways to file -- "If you are an American citizen you have two ways to bring your foreign spouse"
Option 1) File the I-130. Results in a CR1/IR1 immigrant visa. No further adjustment of status required once visa is received.
Option 2) File the I-130. Then file the I-129F. Results in a K3 non-immigrant visa and requires further adjustment of status/forms/fees, etc. in the US.
Some consulates give K3 appointments faster so some people choose to go this route. Some people don't care how long the appointment takes, but want to be finished with the process after the interview with no further AOS required.
The choice is yours.
Maybe this guide will be easier for you:
http://www.visajourney.com/forums/index.php?autocom=custom&page=compare
Comparison of Marriage Based Immigration Choices
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