I-129F for K3 is not affected by IMBRA

[AUSC 0]

Kitkat1, in order to file an I-129F for spouse, one has to submit the proof that an I-130 had been sent to USCIS for CR-1 process. One does not need an I-130 approval. Usually, submittal of a photocopy of the I-797C (the acknowledgement letter from USCIS to the petitioner that USCIS has received the I-130 application) along with I-129F would suffice.

Well that's great news then - that's the part I obviously wasn't clear about.

But you'll still be facing an RFE or additional form to fill out down the road once they actually create it.

I would just go ahead and file using the current I-129F form. We all are assuming that there will be an RFE, but for all we know there MAY NOT be an RFE, if USCIS wakes up and realizes that K3s are not affected by IMBRA and that RFE is not required (I am certainly hoping for this)

I am waiting for my I-130 NOA1 for the last two weeks. As soon as I get it, I am going to mail my I-129F.

The response I got was that there is one provision of the IMBRA that does affect K3 visa petitioners, which is probably causing a hold up of the I-129F's for the K3 visa (already married/spouse visa) even though the DOS cable states it does not.

Thanks for checking. Do we know what that provision is? did they tell?

[jamesfreddyc 0]

Thanks for checking. Do we know what that provision is? did they tell?

I do not know. My guess is the fact that K3'ers and K1'ers are using the same I-129F applicaiton.

But I really don't know.

j