Just filled I-130

[estrella 14]

Hello well as the title says my husband and I just filled the I-130 so i can come to live to the states and we can start our life together, we are wanting to know what we should do next?

Right now i'm in the States with a tourist visa that expires on June, i'm not planning in overstaying, I'm really just visiting and we are enjoying our time together, because he just came back from Iraq on December, same reason why we didn't filled before, we have been married for 1 year and 7 months now. When i crossed the border (we came by car) we told them the truth, we told them we were married and I was visiting and starting the I-130 preoces.

What's the best way to take? K3? CR-1? Just wait for the I-130?

We appreciate your help, we've found this forum really helpful, it was all very confusing until we find it, and for that we thank you.

[Mononoke28 135]

It all depends on the US embassy you're going through. For most people the K3 and IR1 take just as long to process but it may be different for people going through the embassy in Ciudad Juarez where a IR1 may take longer, so do more research on this. If they take just as long or if the difference is just by a few months, then the IR1 is the way to go since you won't have to file for AOS when you get here. Also, since you've already been married 1 year and 7 months, you will most likely get the 10 year green card after arrival.

Diana

[US math guy 0]

My understanding from several chats with USCIS is that if you are already married, one fills out the I-130 form (as you have done) to get either an IR-1 or a CR-1 visa. Evidently the NVC decides which one you get, depending on how long you have been married when they are ready to give you your visa. The advantage of the IR-1 (requiring 2 years of prior marriage) is that you do not have to upon your arrival in the states go through the process of proving your marriage is legitimate. Either way, with both visa types you are eligible immediately to work here. If fact if you would like you can apply for your U.S. Social Security number in some of the later forms, so that you will have it even before you enter the U.S. Evidently this process runs roughly somewhere between 10 and 20 months. (I guess I will find out, like you.)

Believe it or not, if you would like an even more rapid entry (or at least some of the time, per this site), you can fill out the I-129F form to also get a K-3 visa. As I recall when my then mexican fiancee went this route last year, it took her about 4 months to get her NOA2 and then another 2-3 months to get her interview (which lasted all of 10 minutes). Of course you do not have to leave for the U.S. right after the interview. (Evidently in Ciudad Juarez you ordinarily get the visa the same day as the interview.) Actually you are given a 6 month window for that.

So if you want to hedge your bets and you are in a hurry to get here, you might want to apply for both. (Be sure to note on the I-129F form that you have also applied for the I-130.) The disadvantage, besides the extra expense, is that with the K-3 alone, that does not give you the immediate right to work here. If you expect to be taking classes here full-time for a while, this might not be an issue. But if you decide you really do want to work here and you are still waiting for the IR-1, then you must file the I-485/I-765 combo, which runs around U.S. $1000 (!) and takes about 3 months to process (at least the work authorization part).

That latter part bothered my fiancee quite a bit (among other issues), so we ended up with her going back to Mexico before the 90-day time limit (n/a in your case because you are already married) and now are going through the whole process over again, but just with the I-130.

Hope you find this helpful and best of luck. Stewart

P.S.

Be sure you do not overstay your tourist visa, to avoid problems.

[estrella 14]

Thanks guys, we decided to take de IR 1- CR-1 hoping to get the 10 years green card, in case our interview is after our 2nd year anniversary, we got our NOA1 a few days ago and we are just waiting and enjoying our time together, we were apart for long time thanks to my hubby's deployment

Be sure you do not overstay your tourist visa, to avoid problems.

We know that's a big no for us, i mean i have to go back for my interview anyway so, we are planning on going back either together or just me, depending on the dates, work and the army, Tim has 2 weeks of training at the end of may and beginning of June so we'll check our options but I'm definitely going back, I miss my family already