I should have filed I-130 and I-129F together

[Gigli2008 70]

Hi VJs. Im new to this forum. After reading some of the topics I realised I should have filed the I-130 and I-129F together. As it happened I followed instructions on travel.state.us.gov website that said that after receiving NOA on the I-130, I would then use the NOA from the I-130 to file the I-129F for my spouse.

I see some of the topics indicate I could have done them together. I guess I should just wait. I am kind of disappointed though that I sent my I-130 on March 10, 2008 and they have not cashed my check yet. But I am giving it the standard 30 days to see what happens. Does anyone know if I should expect to have my spouse from Kenya by fall? We married in 03/15/2005. With me living in the US (citizen) and him living in Kenya, we have not seen each other since 2005. For proof of marriage I included the marriage certificate and affidavits from witnesses mentioned in the marriage certificate as well as a letter from the government appointed village elder. I am worried that they will send me an RFE for photos and I will not have any.

Should I be concerned about not having photos to proof relationship if I sent 2 strong affidavits of marriage acknowledgement.

Thanks

Grace.

[jeca 0]

Don't worry about not sending them together because it says you should wait for NOA1 from I-130.Consider not sending I-129F at all because you are married for more than two years.It can result in IR1 visa which is superior visa since you get unconditional green card.But if you want to be with your spouse asap then send I-129F.It's your choice.

[DerZinker 4]

This is kind of similar to MY situation. Sort Of.

I have an approved I-129F in hand but while that was processing we got married back in January of 2006 so it has been more than 2 years.

Since we're married, though, I know I can't JUST use the I-129F, right?

What should I do? I think I also have to file for an I-130 but I can just have her go to her interview with only the approved I-129F and evidence only of the I-130? Or do they both need to have been approved before she goes to interview? Any Ideas?

[Gigli2008 70]

Don't worry about not sending them together because it says you should wait for NOA1 from I-130.Consider not sending I-129F at all because you are married for more than two years.It can result in IR1 visa which is superior visa since you get unconditional green card.But if you want to be with your spouse asap then send I-129F.It's your choice.

Thank you so much for your reply. Yesterday I got my NOA1 for the I-130. Yes I want my spouse here asap, so I really do need to file the 129F. Do you know how long Vermont takes to process a I-129F?

[jeca 0]

There haven't been any approvals of I129-F for K3 from Vermont for at least two months.We filed I-129F a month ago and we haven't received NOA1 for it yet!Noone can tell you for sure how long it takes at Vermont.They seem to be approving only K1 lately and there were a couple of I-130 approved which appears to be at random. Filing I-129F can't do any harm, I think.If they don't approve it, there is always I-130 route to follow.

[Marlita 0]

wow, you havent seen each other since 2005? I thought there was some sort of requirement that you have to of seen each other within 2 years max. This may be a problem for you or this may be only for the K1 people. Not sure.

[Gigli2008 70]

wow, you havent seen each other since 2005? I thought there was some sort of requirement that you have to of seen each other within 2 years max. This may be a problem for you or this may be only for the K1 people. Not sure.

I think the 2 year window to meet or see each other is for the K1 (fiance). Mine is K3 (spouse). Even though we haven't seen each other there is proof of marital union through communication, affidavits from those who know us and also from financial stuff that we share that tie us together.

Thanks for your concern.

Gracey.

[Credzba 0]

I am I-130 and the 2 year thing applies to us.

If I was you I would go see your spouse sometime before interview.

A ongoing marital relationship is a legal requirement, and many people will find it difficult to believe you are a happily married couple who don't see each other but once in 3 years.

[pushbrk 13,076]

This is kind of similar to MY situation. Sort Of.

I have an approved I-129F in hand but while that was processing we got married back in January of 2006 so it has been more than 2 years.

Since we're married, though, I know I can't JUST use the I-129F, right?

What should I do? I think I also have to file for an I-130 but I can just have her go to her interview with only the approved I-129F and evidence only of the I-130? Or do they both need to have been approved before she goes to interview? Any Ideas?

You already have your answers in your own thread. An I-129F approved for a fiance is completely useless for a spouse. If you get the Consulate to schedule an interview, have her attend it as a fiance and then obtain a visa, you would be committing visa fraud.

Your wife needs a spouse visa in order to immigrate to the USA.

I am I-130 and the 2 year thing applies to us.

If I was you I would go see your spouse sometime before interview.

A ongoing marital relationship is a legal requirement, and many people will find it difficult to believe you are a happily married couple who don't see each other but once in 3 years.

Yup. Pictures with the petition aren't really an issue for petition approval but a bona fide ongoing relationship is critical to actually being issued a visa.