I-130 confusion??

[EplusD 0]

My husband (US citizen) filed an I-130 - Petition for alien relative for me (wife) and we have already received I-797C on Jan 28th 2010.

I am 6 months pregnant and hoping to get to the US asap as this is a very difficult time for both of us to be living alone(as it is for many of you as well I am sure). My priority at this moment is not to be allowed to work in the US, but rather to be allowed to live with my husband and eventually soon after be allowed to work.

We are doing this with the help of an immigration attorney but sometimes she isn't quite straightforward in her answers so 2 days ago I called USCIS for information on our case. After speaking with the 2 different people (my husband called as well later on), we were told that we could file for an I-129F and turn our visa into a K-3 and possibly have me there earlier, and do an adjustment of status later on. We were told that it would be free to file this form.

So we called our attorney and told her about this, and she advised us against doing it. We obviously asked why. At first she said that it would cost us $1010 for the adjustment of status, to which we responded that we were already paying two rents and that being able to be together would save us money and we wouldn't care about the $1010. She told us to just "relax and go with our plan" without further indications and clear answers to our questions.

So what would be the pros and cons of filing for an I-129F? My attorney is being very vague and I am beyond upset about this, I feel like she is annoyed with our questions and not sensitive at all to our situation.

Are we in the wrong to think we should file for an I-129F?

Thank you so much, I am getting very emotional over this (damn hormones) and am just seeking clear answers.

[Kathryn41 3,205]

I know it sounds enticing to apply for the K-3 and arrive in the US earlier. At one time that is what happened, but recently, K-3 applications are taking very close to the same amount of time to process as the CR-1 applications - maybe one to two months faster - and then you still have all the expense and paperwork of filing to become a permanent resident after you enter the US. Most people here will tell you that the K-3 is considered obsolete. You may want to check out the timelines at this link to see what is involved: http://www.visajourney.com/timeline/ Only you can decide what is the valid course for you, though. One or two months' difference may make it worth the extra cost to you. Good luck.

Edited February 10, 2010 by Kathryn41

[EplusD 0]

I know it sounds enticing to apply for the K-3 and arrive in the US earlier. At one time that is what happened, but recently, K-3 applications are taking very close to the same amount of time to process as the CR-1 applications - maybe one to two months faster - and then you still have all the expense and paperwork of filing to become a permanent resident after you enter the US. Most people here will tell you that the K-3 is considered obsolete. You may want to check out the timelines at this link to see what is involved: http://www.visajourney.com/timeline/ Only you can decide what is the valid course for you, though. One or two months' difference may make it worth the extra cost to you. Good luck.

Thank you Kathryn! Your wording makes it a million times easier for me to understand!! I am currently looking at the guides and timelines and I am understanding the situation better but will wait for more feedback before I make a decision. Would you happen to know how I would know if my attorney did "Direct Consular Filing" ?

[Penguin_ie 5,993]

Unless your US husband lives in Canada with you, and has done so legally for at least 6 months, I';m afraid you cannot do DCF (direct consular filing).

[pushbrk 12,761]

Thank you Kathryn! Your wording makes it a million times easier for me to understand!! I am currently looking at the guides and timelines and I am understanding the situation better but will wait for more feedback before I make a decision. Would you happen to know how I would know if my attorney did "Direct Consular Filing" ?

The new NVC policy as of 2/1/2010 effectively changes K3 from virtually obsolete to dead and gone. FYI, we don't call the USCIS toll free number the "misinformation line" for nothing.

[canadian_wife 1,808]

If you file the I-129F now, it will be approved on the same day as the I-130. The new policy that Pushbrk is talking about now says that once both petitions arrive at NVC, if there is an approved I-130 and an approved I-129F (for the K-3) the I-129F will basically be cancelled so you will have no options for doing it. So filing it in now is useless. It won't save you any time and you'll just end up following the I-130 anyway. Save yourself the aggrivation and stick with the I-130.

I also suggest you begin looking into the CRBA for the baby, with the slowness of Montreal scheduling interviews, I suggest you be prepared to have the baby in Canada.

Good luck, welcome to VJ

[sachinky 464]

Stick with the I-130. The K-3 has been dealt its final deathblow by the NVC. Good luck with the baby. It's a long wait. Take care.