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limah

I-129f or I-130? Whats the difference and why both?

By limah in K-3 Spouse Visa Process & Procedures

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limah Collaborator

limah   1

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

Hey people. I may have read this somewhere before but please clarify it 4 me. I did a search and got about 5000 posts. I can hardly read thru them all.

What is the difference between the 129f and the 130? Why does one need to file both? I think i talked to someone and she told me that she waited too long to file her 129f and the 130 was approved. She could not file the 129f. I dont understand why you would file 1 form just to cancel it once another has been approved. Who has money like that? Can you proceed with them both if they are both approved? I am asking because it may be a couple of weeks before I can mail off the 129? Money problems unfortunately, I have tried to borrow but my family isn't really supportive of the choice I have made to marry this way :( . I know that the 130 isn't going to be approved that quickly. I guess my point of all of this is, can I just go with the 130? Or should I apply for the 129f too?

Thanx all......

Pray with me Forrest! Dear God, make me a bird so I can fly far. Far, far away from here..... Dear God, make me a bird so I can fly far. Far, far away from here!

libragodess Explorer

libragodess   1

Posted
Filed: K-3 Visa Country: Morocco
 Timeline
Posted

The idea is that the I-129F/ K3 is suppose to be a faster route to bring your loved one here. It's not guaranteed to be faster. It's also more expensive and it stops your loved one from working immediately when they arrive. First they must obtain and Employment Authorization and that can take around 4 months. The CR1 is an immigrant visa that allows your spouse to worked right away. It is suppose to take much longer than the K3 but that is not always the case. You can find much more detailed information here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Hope that helps in your journey,

Sincerely,

Farid and Dannelle

I-130 for CR-1

CSC

01/31/06 :: I-130 mailed

03/01/06 :: NOA1

05/09/06 :: NOA2

NVC

05/31/06 :: NVC case # assigned

06/12/06 :: AOS bill & DS-3032 generated

06/14/06 :: Emailed Choice of Agent

06/16/06 :: Email from NVC saying Choice of Agent accepted

06/19/06 :: IV Bill Generated

06/23/06 :: AOS Bill recieved

06/24/06 :: AOS Bill returned to NVC

06/26/06 :: IV bill recieved

06/27/06 :: IV Bill returned to NVC (NVC accepts 07/12/06)

07/15/06 :: I-864 Recieved (NVC didn't report it was generated)

07/17/06 :: I-864 Returned to NVC

07/17/06 :: DS-230 Generated

07/00/06 :: DS-230 Recieved (I was away in Morocco to visit my Love)

07/29/06 :: DS-230 Returned to NVC (NVC accepts 07/31/06)

09/05/06 :: RFE Generated (Mailed 09/09/06)

09/11/06 :: RFE Recieved (reqested a copy of biographical page of passport, I sent this with the DS-230))

09/12/06 :: RFE Returned (sent them what they asked for..for the second time!)

10/05/06 :: Case Complete

I-129F for K-3

03/02/06 :: I-129F Mailed

03/09/06 :: NOA1 (recieved 03/15/06)

03/21/06 :: Touched USCIS Recieved I-129 says 60-90 days for processing

07/03/06 :: RFE IMBRA Recieved

07/04/06 :: RFE IMBRA Returned (I did not send the second one)

08/07/06 :: NOA2 Approved

08/15/06 :: Petition sent to Casablanca & Case # assigned

09/01/06 :: Packet 3 Arrives INTERVIEW DATE SEPTEMBER 22nd!!

09/22/06 :: Successful Interview!! WOO HOO

10/12/06 :: Visa IN Hand

pja002 Explorer

pja002   0

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
Posted

The I-130 an application for permanent residency in the USA with a work permit green card. Your spouse must complete this VISA application to stay in the US for ever.

The I-129F was developed so that your spouse could come into the USA to wait for the I-130 to finish processing. The I-129F is to keep families together. It is not permenant and does have an expiration date.

I hope that helps. I shall have to start putting that disclaimer that I am not a lawyer etc... :yes:

I-130 IR1

1-18-06 I-130 sent to Texas, forwarded to California

2-06-06 NOA1 Received

4-24-06 NOA2 I-130 Approved!

5-24-06 DS-3032/AOS Fee-Bill Received

5-24-06 DS-3032 Sent to NVC

5-24-06 Payed AOS Fee-Bill

6-19-06 IV Fee-Bill Received

6-19-06 Payed AOS Fee-Bill

6-23-06 AOS I-864 Received

7-01-06 AOS I-864 Sent to NVC. Used new form.

7-03-06 AOS I-864 Received by NVC

7-07-06 DS-230 Sent to NVC using James Short Cuts

7-10-06 DS-230 Received by NVC

7-11-06 The NVC has received the Documents, "Please allow 6-8 weeks for review."

8-15-06 Case Complete at NVC!!

8-23-06 Case forwarded to London!

8-28-06 Letter from NVC: Case forwarded to London.

10-24-06 Medical

10-31-06 Interview scheduled in London. Visa approved

11-02-06 Passport / visa delivered by courier

11-08-06 EDI - IAH - CRP woo hoo! Home! Home! Home!

aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

The I-130 petition = Immigrant Visa (CR-1)

The I-129F petition = Non Immigrant Visa (K-3) One must also have an I-130 in process in order to follow the K-3 path.

By filing both the I-130 and the I-129F one is affectively filing to be able to apply for both visas.

If you choose the K-3 path one doesnt have to follow through with the I-130 process to obtain a CR-1 visa but one must have an approved I-130 in order to adjust status from the K-3 once in the US.

The K-3 came about to reduce the separations immediate family members of U.S. citizens may experience while waiting abroad for an immigrant visa. All the K-3 does is allow one to enter the US to await approval of the I-130 and apply for immigrant status.

Adjusting status from a K-3 can be costly and time consuming as it can take up to a couple of years depending on which Local Office you are required to go through.

A CR-1 will give one immigrant status on entry with no adjustment of status and nothing to do until 90 days before the two year anniversary of having entered and gaining immigrant status.

The CR-1 is much quicker of late then it used to be and in many cases makes the K-3 option almost useless. This is dependant on many things eg which service center, any hold ups with security clearances, if one is put into AP/AR (administrative processing/administrative review), which country your spouse is from etc etc.

By filing both petitions though, one is covering their bases as to which one will complete first.

Be aware though that there is a hefty amount of money needed to do both processes....the CR-1 at NVC and interview stage....the K-3 at interview stage and when adjusting status in the US.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

limah,

Aussiewench has explained the difference between the I-130 and I-129f petitions.

One does not need to file both. The I-129f is optional.

Yodrak

...

What is the difference between the 129f and the 130? Why does one need to file both? ...

 
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