Approved I-130 Validity

[SRA 0]

Does anyone know how long an approved I-130 is kept at USCIS before it is closed and requires a re-filing? I am thinking on bringing my wife in on a K-3 visa and adjusting status after we have been married for two years so we get the 10 year Greencard in one shot; thus not requiring another petition and more $ to remove conditions. How long will the USCIS keep my approved I-130?

[Beth/ Paris Heart 2]

Does anyone know how long an approved I-130 is kept at USCIS before it is closed and requires a re-filing? I am thinking on bringing my wife in on a K-3 visa and adjusting status after we have been married for two years so we get the 10 year Greencard in one shot; thus not requiring another petition and more $ to remove conditions. How long will the USCIS keep my approved I-130?

If you already have a approved I-130 USCIS will not approve a I-129F from what I remember. There was filer who filed a I-129F K3 and it got denied because they just approved his I-130 a few days earlier.

USCIS will send your approved I-130 to NVC within a few days of its approval date. Best wishes.

[imaisha 1]

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Edited August 12, 2009 by imaisha

[John & Nan 0]

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Now I am lost. everyone say the CR-1 is better. so if you are married under 2 year which is better ? I-130 and get a green card for 2 years and then 2 years later get a 10 year green card or do a K3 and wait 1 more years and get a 10 year green card.

[SRA 0]

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Now I am lost. everyone say the CR-1 is better. so if you are married under 2 year which is better ? I-130 and get a green card for 2 years and then 2 years later get a 10 year green card or do a K3 and wait 1 more years and get a 10 year green card.

If you apply for a Greencard when your marriage is less than 2 years old, you will get a Conditional Greencard. So, if you get a CR1 (CR stands for Conditional Resident), and your marriage is less than 2 years old, you will get a Conditional Greencard and will have to get a regular Greencard when your marriage is two years old by filing another application called "Removing Conditions..." which cost around $545. However, with K-3, there is a loophole. Your spouse enters with K-3, and STAYS legal on K-3 in the U.S. On or about the time time when the marriage is 2 years old, you do an Adjustment of Status. Then you get the regular Greencard. However, if you do the Adjustment of Status before the two years, you will get a Conditional Greencard and will also have to remove conditions after two years.

[John & Nan 0]

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Now I am lost. everyone say the CR-1 is better. so if you are married under 2 year which is better ? I-130 and get a green card for 2 years and then 2 years later get a 10 year green card or do a K3 and wait 1 more years and get a 10 year green card.

If you apply for a Greencard when your marriage is less than 2 years old, you will get a Conditional Greencard. So, if you get a CR1 (CR stands for Conditional Resident), and your marriage is less than 2 years old, you will get a Conditional Greencard and will have to get a regular Greencard when your marriage is two years old by filing another application called "Removing Conditions..." which cost around $545. However, with K-3, there is a loophole. Your spouse enters with K-3, and STAYS legal on K-3 in the U.S. On or about the time time when the marriage is 2 years old, you do an Adjustment of Status. Then you get the regular Greencard. However, if you do the Adjustment of Status before the two years, you will get a Conditional Greencard and will also have to remove conditions after two years.

so the price would be:

K-3

I129f = $455

I485 = $1010

CR-1 2 years GC then 10 year GC

I130 = $455

I864 = $70

DS230 = $355

Surchange = $45

I751 = $625

[Urge To Race 2]

I do not follow your logic. There is no cost savings.

If you go K3 and wait to time the filing AOS for 10 year gc your cost is:

NIV fee= $131

AOS = $1010

Total = $1141

If you go CR1

I864 fee = $70

DS230 = $355

Security surcharge = $45

I751 fee = $545

Total = $1015

CR1 and removing conditions is still cheaper by $126. Trust me, we did the K3, and you go through the same interview as a CR1 does at the embassy. The thing is, we got a visa that required us to AOS while all of our fellow applicants at the embassy got CR1s and green cards soon after arrival. As a K3, you are almost certain to be interviewed for AOS too. After we went through the same interview as the CR1s at the embassy, we also had to do an additional one for AOS. Removing conditions is much less stressful than preparing for an AOS interview (where you have no GC at all and are asked to prove your marriage again).

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Now I am lost. everyone say the CR-1 is better. so if you are married under 2 year which is better ? I-130 and get a green card for 2 years and then 2 years later get a 10 year green card or do a K3 and wait 1 more years and get a 10 year green card.

If you apply for a Greencard when your marriage is less than 2 years old, you will get a Conditional Greencard. So, if you get a CR1 (CR stands for Conditional Resident), and your marriage is less than 2 years old, you will get a Conditional Greencard and will have to get a regular Greencard when your marriage is two years old by filing another application called "Removing Conditions..." which cost around $545. However, with K-3, there is a loophole. Your spouse enters with K-3, and STAYS legal on K-3 in the U.S. On or about the time time when the marriage is 2 years old, you do an Adjustment of Status. Then you get the regular Greencard. However, if you do the Adjustment of Status before the two years, you will get a Conditional Greencard and will also have to remove conditions after two years.

[John & Nan 0]

I do not follow your logic. There is no cost savings.

If you go K3 and wait to time the filing AOS for 10 year gc your cost is:

NIV fee= $131

AOS = $1010

Total = $1141

If you go CR1

I864 fee = $70

DS230 = $355

Security surcharge = $45

I751 fee = $545

Total = $1015

CR1 and removing conditions is still cheaper by $126. Trust me, we did the K3, and you go through the same interview as a CR1 does at the embassy. The thing is, we got a visa that required us to AOS while all of our fellow applicants at the embassy got CR1s and green cards soon after arrival. As a K3, you are almost certain to be interviewed for AOS too. After we went through the same interview as the CR1s at the embassy, we also had to do an additional one for AOS. Removing conditions is much less stressful than preparing for an AOS interview (where you have no GC at all and are asked to prove your marriage again).

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Now I am lost. everyone say the CR-1 is better. so if you are married under 2 year which is better ? I-130 and get a green card for 2 years and then 2 years later get a 10 year green card or do a K3 and wait 1 more years and get a 10 year green card.

If you apply for a Greencard when your marriage is less than 2 years old, you will get a Conditional Greencard. So, if you get a CR1 (CR stands for Conditional Resident), and your marriage is less than 2 years old, you will get a Conditional Greencard and will have to get a regular Greencard when your marriage is two years old by filing another application called "Removing Conditions..." which cost around $545. However, with K-3, there is a loophole. Your spouse enters with K-3, and STAYS legal on K-3 in the U.S. On or about the time time when the marriage is 2 years old, you do an Adjustment of Status. Then you get the regular Greencard. However, if you do the Adjustment of Status before the two years, you will get a Conditional Greencard and will also have to remove conditions after two years.

Oh the NIV fee $131 is payed at the Embassy, Missed that so $126 different.

looking at the history of other K3 it about 2 months or CR-1 are 4 months. Which put us a risk of missing Xmas this year and higher travel cost to get my wife and son and bring then to USA.

K3 I get maybe halloween , thanksgiving and X-mas.

To tell you the trust it is not about missing my wife, it about Chase his is my first child. I want to be there for his first halloween and other things I am missing out on.

[Y's_habibitk 2]

Does anyone know how long an approved I-130 is kept at USCIS before it is closed and requires a re-filing? I am thinking on bringing my wife in on a K-3 visa and adjusting status after we have been married for two years so we get the 10 year Greencard in one shot; thus not requiring another petition and more $ to remove conditions. How long will the USCIS keep my approved I-130?

If it puts your mind at ease....

"If you inform the NVC that you will adjust status, the NVC will update your case record accordingly and retain your file until a CIS office requests it to process your adjustment application. "

http://travel.state.gov/visa/immigrants/in...180.html#adjust

[John & Nan 0]

Does anyone know how long an approved I-130 is kept at USCIS before it is closed and requires a re-filing? I am thinking on bringing my wife in on a K-3 visa and adjusting status after we have been married for two years so we get the 10 year Greencard in one shot; thus not requiring another petition and more $ to remove conditions. How long will the USCIS keep my approved I-130?

If it puts your mind at ease....

"If you inform the NVC that you will adjust status, the NVC will update your case record accordingly and retain your file until a CIS office requests it to process your adjustment application. "

http://travel.state.gov/visa/immigrants/in...180.html#adjust

I dont understand that sorry can you tell me please

[Y's_habibitk 2]

Does anyone know how long an approved I-130 is kept at USCIS before it is closed and requires a re-filing? I am thinking on bringing my wife in on a K-3 visa and adjusting status after we have been married for two years so we get the 10 year Greencard in one shot; thus not requiring another petition and more $ to remove conditions. How long will the USCIS keep my approved I-130?

If it puts your mind at ease....

"If you inform the NVC that you will adjust status, the NVC will update your case record accordingly and retain your file until a CIS office requests it to process your adjustment application. "

http://travel.state.gov/visa/immigrants/in...180.html#adjust

I dont understand that sorry can you tell me please

The OP was asking if the 130 expires at NVC. I was giving a link showing that NVC says to inform them that you plan to adjust status here in the US and they will retain you file...IE- it wont expire while waiting to file AOS.

[John & Nan 0]

Does anyone know how long an approved I-130 is kept at USCIS before it is closed and requires a re-filing? I am thinking on bringing my wife in on a K-3 visa and adjusting status after we have been married for two years so we get the 10 year Greencard in one shot; thus not requiring another petition and more $ to remove conditions. How long will the USCIS keep my approved I-130?

If it puts your mind at ease....

"If you inform the NVC that you will adjust status, the NVC will update your case record accordingly and retain your file until a CIS office requests it to process your adjustment application. "

http://travel.state.gov/visa/immigrants/in...180.html#adjust

I dont understand that sorry can you tell me please

The OP was asking if the 130 expires at NVC. I was giving a link showing that NVC says to inform them that you plan to adjust status here in the US and they will retain you file...IE- it wont expire while waiting to file AOS.

OH ok I understand now thanks I guess I may have to do that if I go for a I-129F

[pushbrk 13,043]

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Your paragraph two is correct but the first paragraph is only partly correct. NVC will hold the I-130 for a year with no communication and longer with "some" communication. The rest gets a little tricky and technical. Which visa is issued depends on the length of marriage when the visa is granted. Which green card is ussued depends on the length of the marriage when the visa holder enters the USA. So, a CR1 visa holder who enters the US after their two-year wedding anniversary still gets a ten year green card and avoids removing conditions.

Using the K3 and delaying AOS is a viable option provided working is not an issue. That's exactly what we did but back then the fees were lower and separate, so we got EAD right away and delayed the AOS filing. Be aware though that if AOS is filed more than a year after the medical exam, you'll need a new one.

[John & Nan 0]

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Your paragraph two is correct but the first paragraph is only partly correct. NVC will hold the I-130 for a year with no communication and longer with "some" communication. The rest gets a little tricky and technical. Which visa is issued depends on the length of marriage when the visa is granted. Which green card is ussued depends on the length of the marriage when the visa holder enters the USA. So, a CR1 visa holder who enters the US after their two-year wedding anniversary still gets a ten year green card and avoids removing conditions.

Using the K3 and delaying AOS is a viable option provided working is not an issue. That's exactly what we did but back then the fees were lower and separate, so we got EAD right away and delayed the AOS filing. Be aware though that if AOS is filed more than a year after the medical exam, you'll need a new one.

As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). That is off the state departments web site.

Nan will not work when she comes to the USA, she has a job to care for chase. The way I see the number as of now it is 2 months or 4 months wait.

That put us at risk of missing Xmas , miss our 1 year wedding anniversary 2 more months apart from both Nan and Chase.

I understand when every tell me the CR-1 is better and maybe it will be more of a pain in 2 years when we go for a green card, but not missing out on the other thinks has a value too.

[pushbrk 13,043]

I do not follow your logic. There is no cost savings.

If you go K3 and wait to time the filing AOS for 10 year gc your cost is:

NIV fee= $131

AOS = $1010

Total = $1141

If you go CR1

I864 fee = $70

DS230 = $355

Security surcharge = $45

I751 fee = $545

Total = $1015

CR1 and removing conditions is still cheaper by $126. Trust me, we did the K3, and you go through the same interview as a CR1 does at the embassy. The thing is, we got a visa that required us to AOS while all of our fellow applicants at the embassy got CR1s and green cards soon after arrival. As a K3, you are almost certain to be interviewed for AOS too. After we went through the same interview as the CR1s at the embassy, we also had to do an additional one for AOS. Removing conditions is much less stressful than preparing for an AOS interview (where you have no GC at all and are asked to prove your marriage again).

When were you married?

The I-130 will go to NVC. NVC will hold it for a year is what they say. If you keep in contact with them you can drag the process out for quite some time. That will get you a CR-1 visa, so you'll still have to lift conditions if you haven't hit 2 years after say a year at NVC + 6 months before entering on the visa.

If you want to go the K-3 route, it's up to the embassy how long they'll hold it. The I-129f has a limited validity though- just four months. You'll have to keep in touch with them to make sure that they continue to renew it. The K-3 is valid for two years after entry though, and I think she'd have six months after issuance to move. If she can enter and not work for those two years you could put off adjusting status until near the end of that time without having to worry about renewing the I-129f. She'll stay in status and you'll end up with the unconditional card.

Now I am lost. everyone say the CR-1 is better. so if you are married under 2 year which is better ? I-130 and get a green card for 2 years and then 2 years later get a 10 year green card or do a K3 and wait 1 more years and get a 10 year green card.

If you apply for a Greencard when your marriage is less than 2 years old, you will get a Conditional Greencard. So, if you get a CR1 (CR stands for Conditional Resident), and your marriage is less than 2 years old, you will get a Conditional Greencard and will have to get a regular Greencard when your marriage is two years old by filing another application called "Removing Conditions..." which cost around $545. However, with K-3, there is a loophole. Your spouse enters with K-3, and STAYS legal on K-3 in the U.S. On or about the time time when the marriage is 2 years old, you do an Adjustment of Status. Then you get the regular Greencard. However, if you do the Adjustment of Status before the two years, you will get a Conditional Greencard and will also have to remove conditions after two years.

Oh the NIV fee $131 is payed at the Embassy, Missed that so $126 different.

looking at the history of other K3 it about 2 months or CR-1 are 4 months. Which put us a risk of missing Xmas this year and higher travel cost to get my wife and son and bring then to USA.

K3 I get maybe halloween , thanksgiving and X-mas.

To tell you the trust it is not about missing my wife, it about Chase his is my first child. I want to be there for his first halloween and other things I am missing out on.

Sorry, responded to wrong post.

Edited August 16, 2009 by pushbrk