I-130 approval

[ColombianoGringo 0]

What I meant is having the consulate process the I-130 once you already have a K-3.

[payxibka 10,045]

We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, etc...

If I am not mistaken, processing the I-130 subsequent to a K-3 issuance does not avoid all that much money.... maybe a few hundred bucks but it is not the $1,010 that you may be thinking....

[pushbrk 12,569]

"We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, et"

Is that even possible? It sounds like wishful thinking.

It's possible by filing an I-824 in the case of a held I-130 or without if not held. However it is not possible to get an approved I-130 to a Consulate abroad without paying the immigrant visa fee and I-864 (affidavit of support) processing fee. Those are paid while the file is still stateside in the hands of NVC.

Getting an I-130 through NVC and onward to a Consulate is a minimum of a two month process, even when using James' shortcuts and can otherwise take six months or more.

We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, etc...

If I am not mistaken, processing the I-130 subsequent to a K-3 issuance does not avoid all that much money.... maybe a few hundred bucks but it is not the $1,010 that you may be thinking....

Right, the $1010 is replaced with the immigrant visa fee and I-864 processing fee, an most likely the I-824 fee.

[pushbrk 12,569]

It's not always better to have the 129F cancelled automatically upon approval of 130.

In my situation we might choose to delay entry into US due to employment purpose. With 130 approval, Visa expires in 4 months. But a K3 expires in 24 months.

No visa expires in 4 months. Petition approval expires in 4 months. The CR1 or IR1 visa the I-130 can result in expires in 6 months.

The balance of my other response did assume the other possible misconceptions indicated by this error.

[SPSguy 18]

Right, the $1010 is replaced with the immigrant visa fee and I-864 processing fee, an most likely the I-824 fee.

The saving is substantial absense the requirement for I-824. AGain, this depends how USCIS handles it. It becomes an advantage ONLY if USCIS sends the approved 130 to NVC. This is against current policy and is not likely the outcome, but a few people have posted that both their approved

129F and 130 are sent to NVC..so NO I-824 applies.

[pushbrk 12,569]

Right, the $1010 is replaced with the immigrant visa fee and I-864 processing fee, an most likely the I-824 fee.

The saving is substantial absense the requirement for I-824. AGain, this depends how USCIS handles it. It becomes an advantage ONLY if USCIS sends the approved 130 to NVC. This is against current policy and is not likely the outcome, but a few people have posted that both their approved

129F and 130 are sent to NVC..so NO I-824 applies.

Yeah, it saves about $500 if you're already in country. Otherwise one must add the travel expense.

[SPSguy 18]

Yeah, it saves about $500 if you're already in country. Otherwise one must add the travel expense.

YOU ARE ABSOLUTELY CORRECT. In my case, I will be in the country and will be waiting with her. For most people, I would highly recommend either the K3 or CR1..NOT BOTH.

It does not make any sense to be spending $500+ when one could easily take the K3. That's why I stated earlier that I prefer the 130 processing but using K3 VISA. My peference for K3 was entirely based on cost since I will be with her oversea ( at that point ).

Thanks for a great discussion everyone.

[pushbrk 12,569]

Yeah, it saves about $500 if you're already in country. Otherwise one must add the travel expense.

YOU ARE ABSOLUTELY CORRECT. In my case, I will be in the country and will be waiting with her. For most people, I would highly recommend either the K3 or CR1..NOT BOTH.

It does not make any sense to be spending $500+ when one could easily take the K3. That's why I stated earlier that I prefer the 130 processing but using K3 VISA. My peference for K3 was entirely based on cost since I will be with her oversea ( at that point ).

Thanks for a great discussion everyone.

Do you realize that once the I-130 results in an immigrant visa, any K3 visa issued to the same person, used or not, is immediately invalidated?

How does that change your outlook?

[SPSguy 18]

Do you realize that once the I-130 results in an immigrant visa, any K3 visa issued to the same person, used or not, is immediately invalidated?

How does that change your outlook?

This is the type of problem that I'd like to face. At that point, there would be little difference since the approval of her 130 will result in a greencard in the U.S which can be used to travel freely when accompanied with a foreign Passport.

The main difference would be in the NVC I-864 and VISA fee difference.

[Gigli2008 70]

"We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, et"

Is that even possible? It sounds like wishful thinking.

It's possible by filing an I-824 in the case of a held I-130 or without if not held. However it is not possible to get an approved I-130 to a Consulate abroad without paying the immigrant visa fee and I-864 (affidavit of support) processing fee. Those are paid while the file is still stateside in the hands of NVC.

Getting an I-130 through NVC and onward to a Consulate is a minimum of a two month process, even when using James' shortcuts and can otherwise take six months or more.

We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, etc...

If I am not mistaken, processing the I-130 subsequent to a K-3 issuance does not avoid all that much money.... maybe a few hundred bucks but it is not the $1,010 that you may be thinking....

Right, the $1010 is replaced with the immigrant visa fee and I-864 processing fee, an most likely the I-824 fee.

Severally on this post I have seen references to the I-864 (affidavit of support) processing fee. The USCIS website does not associate a fee for processing the affidavit of support. Am I missing something here?

Gracey.

[pushbrk 12,569]

Do you realize that once the I-130 results in an immigrant visa, any K3 visa issued to the same person, used or not, is immediately invalidated?

How does that change your outlook?

This is the type of problem that I'd like to face. At that point, there would be little difference since the approval of her 130 will result in a greencard in the U.S which can be used to travel freely when accompanied with a foreign Passport.

The main difference would be in the NVC I-864 and VISA fee difference.

And the six month visa validity. She can travel freely between Cambodia and the US on the K3 visa too.

"We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, et"

Is that even possible? It sounds like wishful thinking.

It's possible by filing an I-824 in the case of a held I-130 or without if not held. However it is not possible to get an approved I-130 to a Consulate abroad without paying the immigrant visa fee and I-864 (affidavit of support) processing fee. Those are paid while the file is still stateside in the hands of NVC.

Getting an I-130 through NVC and onward to a Consulate is a minimum of a two month process, even when using James' shortcuts and can otherwise take six months or more.

We would prefer a visa in hand asap ( through the effect of 129f petition ) so we can travel back and forth in the interim while having the 130 processed at the foreign consular, thus avoiding the additional fees associated with AOS, immigrant VISA surcharge, and I-864 FEE, etc...

If I am not mistaken, processing the I-130 subsequent to a K-3 issuance does not avoid all that much money.... maybe a few hundred bucks but it is not the $1,010 that you may be thinking....

Right, the $1010 is replaced with the immigrant visa fee and I-864 processing fee, an most likely the I-824 fee.

Severally on this post I have seen references to the I-864 (affidavit of support) processing fee. The USCIS website does not associate a fee for processing the affidavit of support. Am I missing something here?

Gracey.

NVC, a part of DOS, not USCIS charges a fee to process the I-864 in immigrant visa cases. Otherwise, there is no fee when USCIS processes the I-864 during the status adjustment process.

[SPSguy 18]

And the six month visa validity. She can travel freely between Cambodia and the US on the K3 visa too.

Normally this would be okay, but as you stated earlier, the approval of a CR1 would invalidate the k3. The alternative then would be to use a foreign passport with greencard.

Edited March 24, 2008 by SPSguy