I-130 alone or add I-129F later

[Billy&Fabiana 0]

Hi All

My wife overstayed her 6 month USA tourist visa by 5 years (arrived in 2001). She voluntarily returned to Brazil, its been 2 years now. We married in Oct 2008 in Brazil. I live in USA and am US citizen.

We will be filing I-130 and G325A next week. We are not sure if we should file a I 129F for a K3 visa. Will the K3 be helpful, speed any process? Is getting a green card quicker or longer? And are we looking at the waiver process?

We enjoy reading this site, you people are great with your help and advice.

[YuAndDan 153]

Forget the K-3 and consider the CR-1, you will be happier for it.

For most countries CR-1 takes about the same time to get as K-3, compare timelines.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Either way you may have to deal with filing a waiver at interview time if K-3, the CR-1 will probably catch up anyway while dealing with the waiver, 1 year+ overstay usually results in a 10 year bar.

Edited October 24, 2008 by YuAndDan

[Billy&Fabiana 0]

Forget the K-3 and consider the CR-1, you will be happier for it.

For most countries CR-1 takes about the same time to get as K-3, compare timelines.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Either way you may have to deal with filing a waiver at interview time if K-3, the CR-1 will probably catch up anyway while dealing with the waiver, 1 year+ overstay usually results in a 10 year bar.

[Billy&Fabiana 0]

Forget the K-3 and consider the CR-1, you will be happier for it.

For most countries CR-1 takes about the same time to get as K-3, compare timelines.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Either way you may have to deal with filing a waiver at interview time if K-3, the CR-1 will probably catch up anyway while dealing with the waiver, 1 year+ overstay usually results in a 10 year bar.

Thank you for your response,very helpful.I hope our experience will help someone on here someday. Thank you again.