Which form to file for my wife?

[nonahal 0]

Dear Members,

I am a US citizen and am married to a Pakistani citizen. I am about to file for her immigration and wan't to know which route is the quickest. I was told that traditionally people would file for an I 129 (fiance visa) and once the spouse reached US they would file for I 130. This was done mainly because the processing times for I 130 were really long. Now I've heard that it does not matter anymore because the processing time for both I 129 and I 130 are the same (roughly 6 months). In fact I was told that in some cases filing for an I 129 delayed the whole process.

So I will really appreciate it if you can give me some advice on which form to file for my wife. I 129 or I 130?

Looking forward to some help from you all. Thanks!

[Dave and Kinnari 31]

I-130 IR-1/CR-1 Spouse Visa.

You are already married how are you going to be able to file a fiancé visa?

[Ryan H 3,834]

Now I've heard that it does not matter anymore because the processing time for both I 129 and I 130 are the same (roughly 6 months). In fact I was told that in some cases filing for an I 129 delayed the whole process.

Are you talking about the K3 visa (which would require filling both forms)? If so, I would say don't bother.

This is the typical sequence of events if you were to do that:

You file the I-130 and receive your NOA1

You file the I-129F

USCIS ties the I-129F together with the I-130 by pulling your I-130 from its place in the queue and places it with the I-129F you just submitted.

USCIS approves both petitions at the same time and forwards them to the NVC

NVC receives both petitions at the same time and administratively closes the I-129F for K3 leaving only the I-130 for CR-1 active

Now, there have been some recent posts from 2 different users who had their I-129F arrive at the NVC a day ahead of the I-130 and the I-129F for K3 subsequently went forward. Now it's too early to tell is this is a trend or an anomaly.

IMO, the best course of action for you is to file the I-130 and let it run its course alone without filing the I-129F.

Congratulations on your marriage and best wishes going forward!

[nonahal 0]

Thanks for the information and well wishes. Also, sorry for the confusion. Yes, I meant the K3 visa. So is it true that the processing time for I-130 have improved considerably then?

Are you talking about the K3 visa (which would require filling both forms)? If so, I would say don't bother.

This is the typical sequence of events if you were to do that:

You file the I-130 and receive your NOA1

You file the I-129F

USCIS ties the I-129F together with the I-130 by pulling your I-130 from its place in the queue and places it with the I-129F you just submitted.

USCIS approves both petitions at the same time and forwards them to the NVC

NVC receives both petitions at the same time and administratively closes the I-129F for K3 leaving only the I-130 for CR-1 active

Now, there have been some recent posts from 2 different users who had their I-129F arrive at the NVC a day ahead of the I-130 and the I-129F for K3 subsequently went forward. Now it's too early to tell is this is a trend or an anomaly.

IMO, the best course of action for you is to file the I-130 and let it run its course alone without filing the I-129F.

Congratulations on your marriage and best wishes going forward!

[Ryan H 3,834]

Posted processing times by USCIS from NOA1 to NOA2 is 5 months for I-130.

After NOA2, your file goes to the NVC, processing there can be a matter of weeks or a matter of months, I've seen posts that go both ways.

Once the NVC completes processing, they forward the file to the Embassy/Consualte. Times can vary.

A reasonable ballpark figure is 7-9 months from filing to visa issuance for an I-130.