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Difference in I-130 and K3?

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Whats the difference in the I-130 and K3? Would a foreign spouse need both? or just the I-130?

Guide

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-3 Visa Country: India
Timeline
Whats the difference in the I-130 and K3? Would a foreign spouse need both? or just the I-130?

Those are the two different ways a foreign spouse can come to USA. K3/I-129f is faster than I-130 , but just by 2-3 weeks in my opinion. They both have interviews and almsot the same documentation required other than a few forms here n there.

I believe I-130 is better in the long run. It is slightly less cost to file and your spouse can come and work ,

while I-129f will require further processing in the US after your spouse arrival.

Hope that helps.

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Filed: IR-1/CR-1 Visa Country: India
Timeline
Whats the difference in the I-130 and K3? Would a foreign spouse need both? or just the I-130?

Same documents require at USCIS level for both I-130 (for CR1/IR1) and I-129F (for K-3 visa) but after approval NVC forward the I-129F petition to US embassy/ consulate where forms are little different, e.g., I-134 (for affidavit of support), DS-156, DS-157, etc.

I-130 petition is handle by NVC after approval from USCIS. Check the following links:

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

http://www.visajourney.com/wiki/index.php/...s%27s_Shortcuts

http://www.visajourney.com/wiki/index.php/...nited_States%3F

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

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  • 3 weeks later...
Those are the two different ways a foreign spouse can come to USA. K3/I-129f is faster than I-130 , but just by 2-3 weeks in my opinion......

:blink:

Man!!!! I always thought the K3 consisted of filing the I-130 and later filing the I-129F.

I'm really confused now.

K1 begins with filing the I-129F

K3 begins with filing the I-130 and later filing the I-129F

What do you mean by "K3/I-129F is faster than I-130"? If you don't file an I-130 doesn't that make it a K1 by default if you only file a I-129F?

Please help me understand. :wacko:

Time Line:

10/07/2003 - Met online (talked everyday)

03/06/2004 - Flew to Russia for first in person meeting

03/10/2004 - Left Russia even more in love

08/30/2004 - We went to China to live together for 5 years

10/08/2004 - Engaged in Changchun, Jilin

04/24/2009 - Married in Beijing

05/07/2009 - DCF in Bejing

05/18/2009 - I-130 approved (NOA2)

05/26/2009 - USCIS in Beijing sent file to GUZ

06/26/2009 - P3 from GUZ arrived by EMS with case number!

07/01/2009 - P3 DS230 & OF169 EMS to GUZ

07/02/2009 - P3 delivered to GUZ by EMS signed for by 白天鹅宾馆

07/10/2009 - DOS confirmed that GUZ received P3 in system

07/20/2009 - DOS told me our interview date

08/18/2009 - Interview in GUZ at 7:15am

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline
:blink:

Man!!!! I always thought the K3 consisted of filing the I-130 and later filing the I-129F.

I'm really confused now.

K1 begins with filing the I-129F

correct, but that's for people who've met within 2 years and didn't get married

K3 begins with filing the I-130 and later filing the I-129F

yes, assuming you and your spouse are married

What do you mean by "K3/I-129F is faster than I-130"? If you don't file an I-130 doesn't that make it a K1 by default if you only file a I-129F?

If you file both the I-130 and then I-129F, that generally means you want to pursue the K3 route. If you just file the I-130, that is the CR1/IR1 route. Both require for you and your spouse to be already married.

Please help me understand. :wacko:

Good luck and please visit the guides as they will help you to better understand the process :)

I-130 - 03/30/09

NOA1 - 04/07/09

NOA2- 08/03/09

NVC 10/16/09

Interview (Moscow): December 15, 2009 (Successful)

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Whats the difference in the I-130 and K3? Would a foreign spouse need both? or just the I-130?

To start CRs are immigrant visas and receive their GC and SS card in the mail shortly after arriving in the US.

No need to go thru the $1010 cost, stress and hassle of doing the AOS.

No need another interview or do biometrics.

Not having a SS card can prevent one doing a lot of things such as get drivers license, joint bank accounts etc.

K3s are nonimmigrant visas and have to go thru AOS. It can take a LONG time to get GC. Can be denied and deported also. Rare but the chance is still there.

If the relationship or petitioner goes belly up before the beneficiary has GC in hand they stand an excellent chance of being deported.

At this time if done properly it only takes about a month longer to do the CR-1 or IR-1.

The CR-1 recipient can almost immediately work, get drivers license, joint bank accounts, and anything else where a GC and SS card are required .

PLus can return home without waiting for AP or GC in case of emergency!

K3 visas have to wait at about 3 months for EAD so they can get a SSN.

Petitoner has to qualify financially at the interview and then a few months later at the AOS. Some petitioners have been getting laid off due to the economy causing more AOS problems.

CR/IR only does so once at NVC.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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