Im confused......

[CapeG 1]

My husband and I have been talking tonight and we got onto how long everything is taking. As it is me that is the one that has pretty much done it all my husband asked me just why we were having to do the I-129F aswell as the I-130.

I could not answer him as I myself was not sure, I have basically just done what the guide section on here advises you too. However I now need someone to explain to me the advantages of filing for both.

I have read through the guides and the FAQ's but i am still no better off.

Please can someone explain to me why we have to file for both. Our background is that i am from the UK and will be moving to the US. My husband is the petitioner on my behalf. Thanks in advance.

[JenT 0]

This will help...

http://www.uscis.gov/graphics/publicaffair.../life081401.htm

Jen

[joe84 0]

Okay, I'll give it a shot.

You don't HAVE to apply both I-130 and I-129F. I-130 is a petition for an immigrant visa for an alien relative. Historically it used to take a while for it to get processed before the foreign spouse can immigrate to the US. As a temporary reprieve, if the couple wanted to be united sooner in the interim, the US citizen can apply for a temporary non-immigrant visa (K3 for a spouse, K1 for a fiance(e)) and later adjust the status of the foreign spouse after his/her arrival to the US. It's just an option and a benefit, and not mandatory to apply for a K3.

Having said that even if you want to just apply for K3 alone, the nature of K3 requires that you have to have filed an I-130, which is the real deal -- a petition for an immigrant visa for your foreign relative.

Hope that helps.

[CapeG 1]

Man oh man, this is soooo confusing. Ok so it was my understanding that although i am currently in the US i will have to return to the UK once my 90 day tourist visa runs out. Then i will have to wait there untill i have my visa interview in London which could be forever.

Am i right in reading that, that actually if we have already applied for the I-130 and I-129F and have at least our NOA1's for both than infact i can stay in the US untill I am given an interview date in the UK?

Im sorry if i sound stupid but this really isnt making sense for me.

[joe84 0]

CapeG, I'm a little suprised to hear that you are still in the US. If my understanding is correct (nothing to say that it is), you MUST return to your home country ASAP. I'll let someone who is more informed than me to answer this in detail. But here's what I see from this page: http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

I also recommend (a) reading the link I've given above (B) asking your spouse to be also involved in the process. It's important and beneficial, and also avoids miscommunications and frustrations, if both of you are aware of the process, remain up to date, and more importantly on the same page.

(edit: can't make the stupid smiley go away)

Edited July 7, 2006 by joe84

[CapeG 1]

Joe84 - Thanks for trying to explain things to me. I am currently here on a tourist visa, i have no intention of staying, I am just here on an extended vacation as we did not want to be apart as soon as we were married.

I was under the impression that was fine and in fact the link you sent me is more aimed at if your intending to stay and immigrate which i have no intention in doing. We got married in the UK and returned here together but i will be going back to the UK.

I thought this was ok????

[JenT 0]

You entered the US on the VWP with the express intention of getting married which is a violation of the VWP. This could have serious consequences for you. I suggest you contact an experienced immigration attorney first thing tomorrow.

Jen

[joe84 0]

I'm going to defer to someone else for a more informed and a definitive answer for you.

But just to be sure though, you applied for your tourist visa and got one AFTER your husband filed for the I-130/K3?

[CapeG 1]

You entered the US on the VWP with the express intention of getting married which is a violation of the VWP. This could have serious consequences for you. I suggest you contact an experienced immigration attorney first thing tomorrow.

Jen

No i didnt enter the US on the VWP to get married, we were already married when I entered the US. We got married May 6th, entered the US on May 8th, Mailed the I-130 May 9th and then left the US for the Carribean for our honeymoon. Re-entered the US May 16th and I have been here on a tourist visa since then, I return to the UK in 3 weeks.

[JenT 0]

I'm going to defer to someone else for a more informed and a definitive answer for you.

But just to be sure though, you applied for your tourist visa and got one AFTER your husband filed for the I-130/K3?

She's here on the VWP, no visa.

[joe84 0]

edited later: the previous couple of posts obviates the need for mine.

Edited July 7, 2006 by joe84

[CapeG 1]

I'm going to defer to someone else for a more informed and a definitive answer for you.

But just to be sure though, you applied for your tourist visa and got one AFTER your husband filed for the I-130/K3?

I am here on the VWP in which i can stay 90 days. I entered into the US married, I did not get married here. We filed for the I-130 after i entered the US as a tourist..............that make it clear?

Joe84- I wasnt issued a tourist visa, I am here on the VWP so at POE i just get a stamp in my passport which means i am good for 90 days.

I entered into the US on May 8th, we did the application that night and mailed it May 9th. This is the same day as us leaving the US for our honeymoon. I re-entered the US on May 16th, in which my passport was stamped again and again permission was given for me to stay the 90 days you are allow.

[JenT 0]

I'm going to defer to someone else for a more informed and a definitive answer for you.

But just to be sure though, you applied for your tourist visa and got one AFTER your husband filed for the I-130/K3?

I am here on the VWP in which i can stay 90 days. I entered into the US married, I did not get married here. We filed for the I-130 after i entered the US as a tourist..............that make it clear?

Joe84- I wasnt issued a tourist visa, I am here on the VWP so at POE i just get a stamp in my passport which means i am good for 90 days.

I entered into the US on May 8th, we did the application that night and mailed it May 9th. This is the same day as us leaving the US for our honeymoon. I re-entered the US on May 16th, in which my passport was stamped again and again permission was given for me to stay the 90 days you are allow.

The problem is... your husband shouldn't have filed the documents he did while you are here in ths US... I still recommend the attorney....

http://www.cbp.gov/xp/cgov/travel/id_visa/...sa_adrecord.xml

** ezxceprt**

Visa Free Travel

U.S. policy permits citizens of certain countries as identified below to travel to the United States without a visa. The Visa Waiver Program (VWP) permits nationals from designated countries to apply for admission to the United States for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a U.S. nonimmigrant visa.

At the time of application for admission, a VWP applicant must:

Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent island, if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return;

Be arriving on designated carrier that is signatory to a Visa Waiver Program Agreement, if applicable;

Have a machine-readable passport valid for 6 months beyond the period of intended stay, or essentially 9 months (90 days + 6 months). The Department of State's 6-month list extending the validity of certain foreign passports can be found on the Department of State Website, at ( Countries with Agreements with the United States to Extend Passport Validity for an Additional Six Months ) . (A traveler with an expired passport is ineligible for VWP admission); and,

Complete an Arrival/Departure Form I-94W. Travelers arriving at a land border will be required to pay the required Form I-94W processing fee.

In addition, VWP visitors may not file an application to change status to an immigrant or another nonimmigrant classification or extend their stay beyond the 90-day timeframe. VWP applicants waive their right to proceedings before an Immigration Judge, unless they make an asylum application.

[CapeG 1]

Wow this is confusing..............I wasnt aware it was a problem and i am still not sure it is. For 2 reasons, first i am the one on the VWP and its my husband who is a US citizen who has filed the petitions not me. And 2 I have not adjusted my status, i am still classed as a uk citizen traveling via the VWP.

If i was not intending to go back to the UK and in fact intended to do an AOS i think it would be different but nowhere have i read that my husband can not file the application with me here. In fact a segement of the form is asking if you spouse is in the country with you and we had to give my I-94 number and expiry date.

[JenT 0]

I agree. All of this is confusing.

Did you at leaast get an answer to your original question about why you need to file the I-129F and the I-130? That's pretty straightforward.