I-130 approved and now I am confused with options

[kpathak 0]

Folks,

I am a bit confused (which I am hoping is not indicative of lack of intelligence or laziness to rid myself of ignorance :-).

I am under the impression that

1. You file for I 130 and wait for NCOA 1

2. You file for I 129F (after I 130 NCOA 1) and wait for NCOA 1

Then, when you get NCOA for the I 129F, the file makes it there eventually to the US embassy and the spouse gets packet 3 and 4, then the interview and then the spouse makes it to the US.

In my case, the I-130 has been approved (has been for over a month), and I am waiting for I 129F NCOA 2. But after reading through some threads, it seems that I have other options right now (like applying for a conditional VISA using which my wife can join me?).

Am I getting this right? Incidentally, I DID get an attorney who does not seem to be very bright or up to date on current issues (you guys are WAY more educated than my attorney) <grin>.

Thanks in advance,

KP

[miker32us 6]

No, you cannot apply for a conditional visa other than the I129F, that MIGHT get your wife here sooner but with IMBRA it might take longer than the I-130.

Folks,

I am a bit confused (which I am hoping is not indicative of lack of intelligence or laziness to rid myself of ignorance :-).

I am under the impression that

1. You file for I 130 and wait for NCOA 1

2. You file for I 129F (after I 130 NCOA 1) and wait for NCOA 1

Then, when you get NCOA for the I 129F, the file makes it there eventually to the US embassy and the spouse gets packet 3 and 4, then the interview and then the spouse makes it to the US.

In my case, the I-130 has been approved (has been for over a month), and I am waiting for I 129F NCOA 2. But after reading through some threads, it seems that I have other options right now (like applying for a conditional VISA using which my wife can join me?).

Am I getting this right? Incidentally, I DID get an attorney who does not seem to be very bright or up to date on current issues (you guys are WAY more educated than my attorney) <grin>.

Thanks in advance,

KP

[hafiz 1]

which option are you pursuing.

k3 or IR-1 / CR-1 Visa

its been over a month, did NVC assign you a case number, and did you send anything back?

[simple_male 1]

Right now, you can concentrate on I-130, since it is approved. When your I-129F gets approved, then you will have some idea which routes to follow.

[kpathak 0]

I am pursuing the K3 option and no, I did not send anything back. The I-797C (Notice of Action) simply told me that the file had been sent to NVC in NH and give me a phone number. Then it told me to call if I had not heard anything after 90 days.

Gosh, why is all this so confusing??

So, with the I 130 approved, the only option I have is to sit tight and wait, eh? Also, my atorney told me that I don't need to file the affidavit of support -- something about my income being enough that I didn't need to... I find that hard to believe -- have you guys heard anything about this?

Thanks,

KP

which option are you pursuing.

k3 or IR-1 / CR-1 Visa

its been over a month, did NVC assign you a case number, and did you send anything back?

[tom&tata 2]

I am pursuing the K3 option and no, I did not send anything back. The I-797C (Notice of Action) simply told me that the file had been sent to NVC in NH and give me a phone number. Then it told me to call if I had not heard anything after 90 days.

Gosh, why is all this so confusing??

So, with the I 130 approved, the only option I have is to sit tight and wait, eh? Also, my atorney told me that I don't need to file the affidavit of support -- something about my income being enough that I didn't need to... I find that hard to believe -- have you guys heard anything about this?

Thanks,

KP

With filing for I-130, you are pursuing for CR-1/IR-1 visa - depending on length of marriage. Sending I-129F after filing for I-130, you are also pursuing K-3 visa.

With I-130 application approved, approved petition will be sent to the NVC - described in pinned post

http://www.visajourney.com/forums/index.ph...page=i130guide1

You will deal with NVC for your I-130 application. There is a dedicated forum for NVC also in this board.

Good luck

[aussiewench 9]

KP

I-129F (after the submission of I-130) = K-3 non-immigrant visa where you will have to adjust status in the US (with an approved I-130) to gain conditional permanent resident status.

I-130 = CR-1 immigrant visa (granting conditional permanent resident status on entry if you have been married less then 2 years....permanent resident status if you have been married 2 years or more) No adjustment of status.

Your lawyer is incorrect in that you dont need an affidavit of support for the K-3 visa. Whilst an I-134 is not a requirement for K visas, it is one of the things that a conof generally uses to decide if the applicant will or wont become a public charge.

Now that you have an approved I-130 you need to decide which way you wish to travel with this. You can do nothing more with the I-130, whereby it will just sit and wait for the entry to the US on the K-3 where your wife will adjust status.....or you can have the I-130 proceed through NVC (see NVC Flowchart), once case complete it is forwarded to the consulate for a CR-1 interview.

One can also be granted the K-3, enter the US and not adjust status. Instead one can choose to return to the consulate for the CR-1 visa. This is done by many members here as it is (finances permitting) a better option, as adjustment of status can take up to a few years depending on the local office you have to file with. The CR-1 grants one a conditional greencard on entry with nothing to do until 90 days prior to the 2 year anniversary of receiving the card.

Something to keep in mind is that at present things are at a standstill with NBC for the I-129F due to the IMBRA.

Have a read of NVC Timesavers and James Shortcuts if you decided to pursue the CR-1

Edited June 23, 2006 by aussiewench

[hafiz 1]

you rock aussie

[kpathak 0]

aussie -- I really appreciate the time and effort you put in for this response -- that was really awesome. I'm mad at the atorney for not knowing better about the afidavit of support though

I just got a notice for a RFE for the I129F in the emial this morning, so I bet it's that affidavit of support.

Thanks again,

KP

KP

I-129F (after the submission of I-130) = K-3 non-immigrant visa where you will have to adjust status in the US (with an approved I-130) to gain conditional permanent resident status.

I-130 = CR-1 immigrant visa (granting conditional permanent resident status on entry if you have been married less then 2 years....permanent resident status if you have been married 2 years or more) No adjustment of status.

Your lawyer is incorrect in that you dont need an affidavit of support for the K-3 visa. Whilst an I-134 is not a requirement for K visas, it is one of the things that a conof generally uses to decide if the applicant will or wont become a public charge.

Now that you have an approved I-130 you need to decide which way you wish to travel with this. You can do nothing more with the I-130, whereby it will just sit and wait for the entry to the US on the K-3 where your wife will adjust status.....or you can have the I-130 proceed through NVC (see NVC Flowchart), once case complete it is forwarded to the consulate for a CR-1 interview.

One can also be granted the K-3, enter the US and not adjust status. Instead one can choose to return to the consulate for the CR-1 visa. This is done by many members here as it is (finances permitting) a better option, as adjustment of status can take up to a few years depending on the local office you have to file with. The CR-1 grants one a conditional greencard on entry with nothing to do until 90 days prior to the 2 year anniversary of receiving the card.

Something to keep in mind is that at present things are at a standstill with NBC for the I-129F due to the IMBRA.

Have a read of NVC Timesavers and James Shortcuts if you decided to pursue the CR-1

[aussiewench 9]

I think you misread or I didnt make it clear. An affidavit of support (I-134) is not required for the initial filing of the petition. It will be required for the interview for a K visa.

aussie -- I really appreciate the time and effort you put in for this response -- that was really awesome. I'm mad at the atorney for not knowing better about the afidavit of support though

I just got a notice for a RFE for the I129F in the emial this morning, so I bet it's that affidavit of support.

Thanks again,

KP

Edited June 23, 2006 by aussiewench

[NorthernGirl 0]

aussie -- I really appreciate the time and effort you put in for this response -- that was really awesome. I'm mad at the atorney for not knowing better about the afidavit of support though

I just got a notice for a RFE for the I129F in the emial this morning, so I bet it's that affidavit of support.

Thanks again,

KP

Ken,

The RFE is most likely due to the new IMBRA laws - not to do with an affidavit of support.

Be sure to check out the special IMBRA forum here on VJ

http://www.visajourney.com/forums/index.php?showforum=126

[girl 37 7]

Ken,

The RFE is most likely due to the new IMBRA laws - not to do with an affidavit of support.

Be sure to check out the special IMBRA forum here on VJ

http://www.visajourney.com/forums/index.php?showforum=126

His NOA1 is 2006-03-02, which is prior to IMBRA taking effect, no?

[Yodrak 7]

KP,

You use some unusual terminology

- What is the 'C' in 'NCOA'?

- What do you mean by "conditional VISA"?

You might want to seriously consider pursuing the immigrant visa when you get notification from the NVC that they have your approved petition. Since the I-130 is approved already, and the I-129f has encountered an RFE, the immigrant visa might be almost as quick as the K3, if not quicker.

Yodrak

Folks,

I am a bit confused (which I am hoping is not indicative of lack of intelligence or laziness to rid myself of ignorance :-).

I am under the impression that

1. You file for I 130 and wait for NCOA 1

2. You file for I 129F (after I 130 NCOA 1) and wait for NCOA 1

Then, when you get NCOA for the I 129F, the file makes it there eventually to the US embassy and the spouse gets packet 3 and 4, then the interview and then the spouse makes it to the US.

In my case, the I-130 has been approved (has been for over a month), and I am waiting for I 129F NCOA 2. But after reading through some threads, it seems that I have other options right now (like applying for a conditional VISA using which my wife can join me?).

Am I getting this right? Incidentally, I DID get an attorney who does not seem to be very bright or up to date on current issues (you guys are WAY more educated than my attorney) <grin>.

Thanks in advance,

KP

Edited June 26, 2006 by Yodrak