Approved I-130 Validity

[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.

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.

Based on a just approved I-129F for a spouse, I would expect a visa interview in GUZ no earlier than November but not likely later than January, so you've got a shot at Thanksgiving, a reasonable chance at Christmas but nothing assured for any holiday. Why not start your own thread to discuss your own case instead of hijacking this one? My post had nothing to do with your situation. I was simply clarifying the category of green card for an entirely different immigrant visa case. If you think K3 is a better option for you, take it but please discuss it in your own thread.

[darkangel1215 4]

Hi,In filling the G-325A for wife and petitioner what we are going to answer in WHta form u are filling?? We check other and what is the specific answer?

[darkangel1215 4]

Do we need to hire a lawyer to avoid mistakes? What is the difference between the K3 Visa and IR1? what we should file?

[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.

Based on a just approved I-129F for a spouse, I would expect a visa interview in GUZ no earlier than November but not likely later than January, so you've got a shot at Thanksgiving, a reasonable chance at Christmas but nothing assured for any holiday. Why not start your own thread to discuss your own case instead of hijacking this one? My post had nothing to do with your situation. I was simply clarifying the category of green card for an entirely different immigrant visa case. If you think K3 is a better option for you, take it but please discuss it in your own thread.

well you answer wrong you can work on a K3 visa... so I answer it.....