I may have skipped a step :-(

[Sabr 0]

Hello everybody and Peace,

Question............

Why would I need to file a petition for a fiancé since we are already married?

Have I skipped a step?

Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

^^^^^I did this^^^^

((((BUT NOT THIS)))))))

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

http://travel.state.gov/visa/immigrants/ty...types_2993.html - Fees

[hotairguy 0]

Read the FAQ about K-3, K-4 and everything will be explained.

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

Marilyn and Peter.

[pushbrk 12,883]

Hello everybody and Peace,

Question............

Why would I need to file a petition for a fiancé since we are already married?

Have I skipped a step?

Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

^^^^^I did this^^^^

((((BUT NOT THIS)))))))

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

http://travel.state.gov/visa/immigrants/ty...types_2993.html - Fees

Filing only the I-130 puts you on the CR1 or IR1 visa path. If you want a K3 visa, you subsequently file the I-129F petition using the included instructions for a "spouse". If working soon after arrival is important to your spouse, don't file the I-129F petition. Stick with the immigrant (IR1 or CR1) visa.

[Otto 83]

As mentioned above - check out the K3 Guides... but, don't let the title of the form (I-129f) fool you - it is still required for K3.

Edited September 6, 2008 by Karin und Otto

[pushbrk 12,883]

As mentioned above - check out the K3 Guides... but, don't let the title of the form (I-129f) fool you - it is still required for K3.

Right, but three months after NOA1, I'd just stick with the CR1 path they're already on.

[Sabr 0]

Thanx everybody you have been a help.

This process reminds me of "Rube Goldberg."

[pushbrk 12,883]

Thanx everybody you have been a help.

This process reminds me of "Rube Goldberg."

Just to be sure, does your spouse have any children coming with her? If so, did you file an I-130 for each child?

[Sabr 0]

no children pushbrk, just her.

The reason I passed over the I129 feonsae visa without using it was because we are already married.

I didn't want to give the USICS conflicting information.

Live and learn I guess. I'm filling it out now and will mail it Monday God willing.

thanks much

[birch- phuk_beer 0]

but your timeline says you filed for a K-1?

[pushbrk 12,883]

no children pushbrk, just her.

The reason I passed over the I129 feonsae visa without using it was because we are already married.

I didn't want to give the USICS conflicting information.

Live and learn I guess. I'm filling it out now and will mail it Monday God willing.

thanks much

The purpose of a K3 visa is to reunite the family faster. If that's what you wanted, you needed to follow the K3 filing instructions. However, at this point, three months after filing the I-130, there's really nothing much to gain from trying to take the K3 path instead of the CR1 path you're already on. I would just skip the I-129F and take the immigrant visa path. It's far less expensive and allows your spouse to work virtually immediately after arrival. Then you're finished with USCIS for 21 months instead of needing to file AOS with its $1010 fee.

In short, the K3 might save you two months but only if you haven't already waisted three months by not filing it.

Edited September 6, 2008 by pushbrk

[Sabr 0]

but your timeline says you filed for a K-1?

Sorry, I need to change it to read k-3.

[Sabr 0]

no children pushbrk, just her.

The reason I passed over the I129 feonsae visa without using it was because we are already married.

I didn't want to give the USICS conflicting information.

Live and learn I guess. I'm filling it out now and will mail it Monday God willing.

thanks much

The purpose of a K3 visa is to reunite the family faster. If that's what you wanted, you needed to follow the K3 filing instructions. However, at this point, three months after filing the I-130, there's really nothing much to gain from trying to take the K3 path instead of the CR1 path you're already on. I would just skip the I-129F and take the immigrant visa path. It's far less expensive and allows your spouse to work virtually immediately after arrival. Then you're finished with USCIS for 21 months instead of needing to file AOS with its $1010 fee.

In short, the K3 might save you two months but only if you haven't already waisted three months by not filing it.

Am I reading it wrong? It looks like they are asking for both.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

§ Petition for Alien Relative, Form 1-130; and

§ Petition for Alien Fiancé (e), Form I-129F

http://travel.state.gov/visa/immigrants/ty...types_1315.html

[Sabr 0]

but your timeline says you filed for a K-1?

Sorry, I need to change it to read k-3.

Starting to get confused.

I filed an I-130 attaching 2 g-325a's to it What ever it is..... be it k-1 or k-3

Ill change my timeline to k-3 and leave it at that

[pushbrk 12,883]

no children pushbrk, just her.

The reason I passed over the I129 feonsae visa without using it was because we are already married.

I didn't want to give the USICS conflicting information.

Live and learn I guess. I'm filling it out now and will mail it Monday God willing.

thanks much

The purpose of a K3 visa is to reunite the family faster. If that's what you wanted, you needed to follow the K3 filing instructions. However, at this point, three months after filing the I-130, there's really nothing much to gain from trying to take the K3 path instead of the CR1 path you're already on. I would just skip the I-129F and take the immigrant visa path. It's far less expensive and allows your spouse to work virtually immediately after arrival. Then you're finished with USCIS for 21 months instead of needing to file AOS with its $1010 fee.

In short, the K3 might save you two months but only if you haven't already waisted three months by not filing it.

Am I reading it wrong? It looks like they are asking for both.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

§ Petition for Alien Relative, Form 1-130; and

§ Petition for Alien Fiancé (e), Form I-129F

http://travel.state.gov/visa/immigrants/ty...types_1315.html

You haven't read it wrong but you are ignoring the fact that K3 is not the only option for a spouse. You've already file all the petition you need for a spouse visa, a CR1 spouse visa. You can simply get the CR1 visa without getting the K3 visa. What part of...

In short, the K3 might save you two months but only if you haven't already waisted three months by not filing it.

...did you not understand?

You skipped a step for a K3 visa but you didn't skip any steps for a CR1 visa, a much better and less costly visa.

Edited September 6, 2008 by pushbrk

[Sabr 0]

no children pushbrk, just her.

The reason I passed over the I129 feonsae visa without using it was because we are already married.

I didn't want to give the USICS conflicting information.

Live and learn I guess. I'm filling it out now and will mail it Monday God willing.

thanks much

The purpose of a K3 visa is to reunite the family faster. If that's what you wanted, you needed to follow the K3 filing instructions. However, at this point, three months after filing the I-130, there's really nothing much to gain from trying to take the K3 path instead of the CR1 path you're already on. I would just skip the I-129F and take the immigrant visa path. It's far less expensive and allows your spouse to work virtually immediately after arrival. Then you're finished with USCIS for 21 months instead of needing to file AOS with its $1010 fee.

In short, the K3 might save you two months but only if you haven't already waisted three months by not filing it.

Am I reading it wrong? It looks like they are asking for both.

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

§ Petition for Alien Relative, Form 1-130; and

§ Petition for Alien Fiancé (e), Form I-129F

http://travel.state.gov/visa/immigrants/ty...types_1315.html

You haven't read it wrong but you are ignoring the fact that K3 is not the only option for a spouse. You've already file all the petition you need for a spouse visa, a CR1 spouse visa. You can simply get the CR1 visa without getting the K3 visa. What part of...

In short, the K3 might save you two months but only if you haven't already waisted three months by not filing it.

...did you not understand?

You skipped a step for a K3 visa but you didn't skip any steps for a CR1 visa, a much better and less costly visa.

OK, thanks for your help.

I have it all clear now :-)