Already filed 129-F, - can I change to Green Card?

[mathenys 0]

Hi everyone. Just want to say thanks for all the contributors here-- this site is a veritable wealth of information for a long, difficult and confusing process.

Got some bad information from an immigration attorney we hired here:

1) We were going to do AOS, but he convinced us to do K-3, claiming it only takes 6-8 weeks total.

2) He obviously also didn't know that K-3 has been/is being closed, which I just found out today.

I should have done my own homework, but I trusted him. My fault.

I'm a USC, spouse is New Zealander. I married and lived with her for 5 years in NZ. She returned at end of May to NZ, before expiry of WVP. We're 2-months into the K-3 process. Have only received NOA1; I-129F and I-130 have been filed.

If we know that we are going to have to go the green card route (i.e. longer time to spend outside the US), she can get a job over there and have a life over there (instead of living with parents). From what I'm gathering, there is no way to cancel a I-129F and the only way you know if the application will be channeled to K-3 or Green Card is if NVC receives both forms (I-239F and I-130) at the same time. Is this accurate? How much more likely is one scenario versus the other? Will they let me know what to do if the process gets changed?

I haven't set permanent roots down in the US yet, so if the Green Card process is going to extend our time apart by several more months, I'm tempted to return to New Zealand and complete remaining steps back there, with spouse (I'm a permanent resident there).

I know other posts have overlapped my question, but I just wanted some reinforcement, if it doesn't waste your time too much. I'm feeling a bit lost. Thanks for any comments.

[LiLMermaid 2]

Well first she couldn't have just done AOS while she was here. She came as a tourist and it wouldn't have been really good to try that. K3 isn't 'finished' its just rarely used at this point because CR1 which is a spousal visa as well takes about the same amount of time and you get a green card where as a K3 you have to file more paperwork after arriving in the US. K3's used to be faster which was their main purpose...to reunite the couple faster. You say your already 2 months into the process. I assume since your local office is Tampa that you sent it to VSC and when I look at their latest processing times its saying 108 days from NOA1 to NOA2. So maybe another month and a half before you get yours? I think I'd just continue on the path that you are on. I looked at New Zealand embassy and they are saying 1-3 weeks for an interview date. Thats pretty quick, in Canada we waited months before finding out our interview date was months after that. Your spouse could be in the US in a few months. In the meantime they will expect you to provide proof of domicile so you would be better off to stay in the US and prepare for the arrival of your spouse by gaining employment, renting or preparing to purchase a house, opening a bank account etc. It will all show that you are planning on making the US your home. I don't know about New Zealand in particular but this was a very important topic for the embassy in Canada for the married couples.

[ValerieA 350]

It is too bad that you did not do AOS while she was here, it is a much quicker process and you are together for it. As long as she did not intend to immigrate when she came in, there is no fraud.

If you have applied for the K-3, both the I-130 and the I-129f have been filed. Or should have been, it does not sound like your attorney knew their azz from a hole in the ground, so you had better confirm. When they move over to the NVC (and they will almost positively move there together, I have only heard of one instance since the change where they have not) the I-129f will be closed (this is the petition that leads to a K-3 visa). At that point, NVC is processing you for a CR-1 visa (which is what the I-130 petition is for).

Regarding the direct consular filing (DCF), others who have done that process will surely chime in. My understanding is you need to actually be present in NZ for 6 months before you can apply for a CR-1 that way. Pros: you are together during that time, or at least most of it. Cons: longer before you can live together in the States, and the need to prove domicile here (as pointed out by LilMermaid).

Edited July 19, 2010 by ValerieA

[mathenys 0]

Thanks for the very helpful replies, everyone.

I'm looking at the time lines for IR-1/CR-1, but the numbers there assume an I-129F hasn't been filed. I have heard that filing the I-130 with the I-129F delays the process. Does anyone know how much longer I-130 acceptance takes filing alone, versus in the case of when they're filed concurrently? I know every case is different; just trying to get as accurate a time frame as possible.

Thanks again.

[ValerieA 350]

Thanks for the very helpful replies, everyone.

I'm looking at the time lines for IR-1/CR-1, but the numbers there assume an I-129F hasn't been filed. I have heard that filing the I-130 with the I-129F delays the process. Does anyone know how much longer I-130 acceptance takes filing alone, versus in the case of when they're filed concurrently? I know every case is different; just trying to get as accurate a time frame as possible.

Thanks again.

It delays it by how long it takes for them to receive the I-129f, or that is the prevailing theory. When your I-129f is received by USCIS, it is believed that your I-130 is taken out of line to be married up to the I-129f, thus losing its place in line and going to the back of the bus, so to speak. Thus, the processing start date really becomes the I-129f NOA1 date.

[Darnell 8,478]

Could I have this attorney's name and contact info? K-3 never, ever took 6 to 8 weeks. Ever.

Feel free to send me an email from my profile...