Which route to go: I-130 or I-129F?

[Suz_SouthAfrica 0]

I have a question regarding whether it is wise to ignore the I-130 application and just go across on the K3 visa.

Our I-130 application was approved on October 27 and our I-129F was approved shortly thereafter on November 24. I'm still in South Africa and don't yet have an interview date for either application. The South African US consulate has not yet received packet 3 from the NVC but it shouldn't take too much longer now as the NVC mailed it out a few weeks ago. Once they receive it, it will probably be a month or so before I have an interview date.

Would it be better for my husband to go ahead and request the NVC to send the I-130 application to the consulate (with the fees that involves) or would it be better to simply wait for the K3 process (followed by AOS) to run its course? If I were to move to the USA on the K3 visa, flying back for an I-130 interview would not really be an option for me due to the cost.

Is the K3/I-129F really that much quicker than the I-130? If it is, does anyone know how much quicker it usually is (just a broad estimate)?

[riblet 0]

I'm not sure from your timeline if you have done any processing of the I130 at the NVC. If you haven't, you are probably looking at a minimum of 3 months and more likely 4 or 5 to complete processing of the I130 and get an interview. It looks like from the timelines on this site that from the time the I129F leaves the NVC to interview date is averaging 43 days.

I'm thinking that most people in your situation would choose to do the K3, unless they couldn't afford to be unemployed for a few months in the U.S. waiting for employment authorization (which is not an issue when entering on an IR/CR1).

I hope this helps a bit!! Happy New Year

[jazzy 0]

Hi,

If you can wait a few additional months to be with your spouse it more advantageous to wait for the I-130...if the I-130 is approved already you should only have a couple months extra of processing....the benifits of coming to the states on a cr-1 are great.....especially if it was approved, my opinion would be to go ahead with the I-130/cr-1. The k-3 is usually quicker...but you have to adjust status in the states, cant work right away, need to go and get ssn, and many apptionments to go to.....with the cr-1....your spouse has green card, ssn, ead, upon entry and nothing to do for 2 years until you need to apply for lifting of conditions....its a much better way to go if you just wait a few extra months.....you'll be happy you did.

Jazzy

[Suz_SouthAfrica 0]

Thanks for the replies! We have decided to go the K3 route even though the I-130/CR-1 would be a more advantageous process in the long run, because the wait has already been long and we miss each other so much. It is true that there will be appointments to go to and forms to fill out for the AOS process, and that I won't be able to work for a few months, but for us being together sooner will make it worth it.

Thanks also for letting me know that the average time from the I-129F leaving the NVC until the interview date is 43 days. It gives me a better idea of when to expect my interview.

Suz_SouthAfrica

[Libersolis 0]

She types well for a N00b

[classic 0]

Suz South Africa,

Take a look at my timeline, and you'll see the trials, triumphs and troubles I got into while I was in a dilemma juggling the I-130 and 1-129F.

My suggestion is: if getting reunited with your partner soon in the U.S is your priority, take the I-129F route. During the time I was working on my family's papers, there was this rumor that the I-129F might become obsolete because the I-130 processsing in the late 2004 to early 2005's was so fast that it overtook some of the I-129F's. I thought the trend would continue, but it didnt. And that assumption cost me money.

When you study the I-130 process, take into account the following:

1. the waiting period between "case complete" at NVC till the time the papers are sent to the embassy/consulate of the foreign spouse (this may last several months)

2. the waiting period from the time the embassy receives the petition from NVC till the time the beneficiary is scheduled for interview (this varies among countires)

No matter how fast you comply with the fee bills and documents NVC requests, these two waiting times stay the same and are beyond the petitioner/beneficiary's control. Waiting during these periods can really be frustrating and can drive youy crazy!

I think the I-129F route is almost always faster than the I-130. Adjustment of status to permanent residency in the U.S. and applying for a wrok permit is not really a hassle; the immigration officers in the USCIS offices in the U.S are generally more kind than those in the U.S. embassies/consulates. Current processing times for AOS is rather fast, a lot shorter than I expected it to be. And who cares if it lakes a bit longer (you are already with your spouse and that's what matters most!).

If employment is the priority, then that is a different story.

Good luck!!!

Edited January 3, 2007 by classic

[classic 0]

Addendum:

If you choose the K3 route, study this route well. A lot of people (including immigration officers) are not too familiar with the K3. During my family's interview at the embassy, the ofiicer kept on asking "why K3?". Recently during our AOS interview, the officer asked us "are you sure you use the I-129F form when you file for K3"? Not too many people are familiar with the K3, and many will wonder why you have to adjust and apply for work permit once the beneficiary enters the U.S.