i129f and i130 vcc

[Ehab 0]

Ok, i need some people with experience to talk to me.

I filed my i130 in october 06, and was told by my lawyer that it should be the same as filing the fiance visa. However, i found out a few months later from an immigration officer that after i've filed the i130, that i can file a k visa for my wife as well.

I did the I129F in february, but i dont know if it's a k1 or k3...does anybody know? I didn't fill the forms out myself, my lawyer did- and she's not very competant, so I'm not entirely sure...(i heard the i129f is the same for k1/k3, but different questions being answered define them as k1 or k3).

Anyways, i129f says they are on september, and i130 says march 12, and has been saying that for months.

I am having my wedding (we're officially married, but we haven't had the wedding party yet...it's a culture thing) this summer in Jordan. I am starting to lose hope that I can be able to bring her with me when I come back, and that she might have to wait a few months after i leave.

Is ther ANY way possible to bring her with me? How long will the wait take? Can you guys please help me out...it feels like everybody I talk to gives me different information (website vs. immigration hotline vs. lawyer vs. immigration officer vs. forums), and I don't know what to believe. I was led to believe that the i129 would take 90 days, but i'm starting to doubt that.

how long will it take to get the approval? how soon will she be interviewed after the approval? is there anything i can do to speed up the process?

Thanks

[YuAndDan 153]

It would be a K-3 visa, K-1 is only for fiancee. K-3 visa is also known as a life act visa.

SEE the K-3 visa guide:

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

http://www.visajourney.com/faq/k3k4visa-outline.html

http://www.visajourney.com/faq/k3k4visa-I129f.htm

[TracyTN 237]

Your lawyer is obviously an idiot.

If you are married, you are obviously not eligible for a fiance visa. However, the spousal visa option which uses the fiance visa form (the I 129f) is the K3. However, for the K3 process, you would not send in the I 129f until after you received the first notice of action on your I 130. (I guess that's that's where the genius lawyer got confused?)

Its all here:

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

You need to find out what your lawyer sent and when. Otherwise, the USCIS is probably confused as to what you're trying to do! Don't rely so much on what a lawyer says - do your own research!

There are also timelines/processing times for all visa types on this site if you'll just hunt around. The processing times on the USCIS' site will always be to cover their butts - its usually not taking quite that long.

*edited for typo*

Edited April 11, 2007 by TracyTN

[Ehab 0]

i've filled out the i129f after i recieved my initial notice (reciept) from uscis

I filled out the i129f, which the immigration officer told me i could do, and now it says this on the reciept i got for that document:

Receipt Number: #############

Application Type: I129F, PETITION FOR FIANCE(E)

Current Status: This case is now pending at the office to which it was transferred.

It says fiance(e) there...is that a problem?...what happens if that gets approved?

[TracyTN 237]

SIGH. Again, the I 129f is the form used for a fiance visa. The automated system will thus still see it as a fiance petition.

If you already sent in the I 130 and received the first notice of action on it (still sort of hard to tell from your post!), then you've done the right thing.

And read the guide (link posted above) as for what would happen next - learning it on your own is always better than having others lay it out for you, don't you think?

[Ehab 0]

SIGH. Again, the I 129f is the form used for a fiance visa. The automated system will thus still see it as a fiance petition.

If you already sent in the I 130 and received the first notice of action on it (still sort of hard to tell from your post!), then you've done the right thing.

And read the guide (link posted above) as for what would happen next - learning it on your own is always better than having others lay it out for you, don't you think?

well yea, i guess. i mean, what ur saying makes sense, but i read that the k3 visa and k1 visa use the same documentation, just that there are more questions answered in the spouse k form. since i personally didn't fill it out (lawyer)- i have no idea whether she filled those or not. what would happen if she filled it out as a k1 (fiance) visa as opposed to a k3 (spouse)? would i be safe since i did them AFTER the i130?

[Ehab 0]

anybody?

[lmhvm 0]

Per instructions on I-129F:

"This form may be used to obtain a K-3 visa for your alien spouse. Fill out the form as directed, except assume that"fiancé" or "fiancé(e)" means "spouse." Answer QuestionsB.17 and B.18 by stating "N/A." Note that filing this formis only necessary to facilitate the entry of your spouse as a nonimmigrant.

In addition, U.S. citizens petitioning for K-3 visas for their alien spouses must also include evidence that they have filed Form I-130, Petition for Alien Relative, on behalf of the alien spouse listed onthis form, and a marriage certificate evidencing the legal marriage between the citizen and alien."

[Yodrak 7]

Ehab,

The question that determines K1 or K3 is, "Are you engaged to be married or are you married?"

Have you looked at a form I-129f and read the instructions for it?

Yodrak

Ok, i need some people with experience to talk to me.

I filed my i130 in october 06, and was told by my lawyer that it should be the same as filing the fiance visa. However, i found out a few months later from an immigration officer that after i've filed the i130, that i can file a k visa for my wife as well.

I did the I129F in february, but i dont know if it's a k1 or k3...does anybody know? I didn't fill the forms out myself, my lawyer did- and she's not very competant, so I'm not entirely sure...(i heard the i129f is the same for k1/k3, but different questions being answered define them as k1 or k3).

.....

[Yodrak 7]

TracyTN,

It's not obvious to me at all. It is obvious that Ehab has a lot to learn, and I would not trust his reports on who said what until he understands a lot more about what is going on around him.

Yodrak

Your lawyer is obviously an idiot.

....

[beameup 0]

anybody?

If I understand you correctly you filed the I-130 and then a few months later filed the I-129F.

If you received your second notice that the I-130 had been sent to the NVC National Visa Center then that is the petition which is in progress. I'm not sure, but I believe that it takes about one year from submission of the I-130 until the actual visa is issued.

Meanwhile, the I-129F proceeds through USCIS and is forwarded to the NVC - but it is lagging behind by about 3 or 4 months.

That is exactly what I did. I expect that first petition (I-130) will still be approved before the second petition (I-129F).

Of course, I sent the final papers (DS-230) to NVC and they just received it. Now I just wait.