CONFUSED: i-130 and then i-129F?

[mike411 15]

Am I doing this right? I am confused because of the need to file i-130 and then i-129F.

I married last month in China and now trying to get the wife here.

I have i-130, i-129F, G-1145, G-325a, and i-864 all ready to go. I read the Step-by-Step Guide for a K-3 Visa, but still a bit confused why many people are not doing the K-3 Visa route. Is there a better way? Thank you for your help!

[Ryan H 3,818]

You can file for the K3 visa if you want. To do so, you file the I-129F after you receive the NOA1 for the I-130, petitions are ultimately tied together by USCIS. However, if your wife enters on a K3, she will need to adjust status in order to obtain a green card. If you only file the I-130 for CR-1 visa, she will receive a green card on arrival in the form of an I-551 stamp. The actual card will arrive in the mail a short time later.

K3 is a non-immigrant visa which requires adjustment of status. CR-1 is an immigrant visa, no adjustment of status required.

I-864 is not needed until your I-130 reaches the NVC.

You ask if there is a better way, my opinion is the CR-1 is a better way.

Edited June 6, 2011 by Ryan H

[muñequita y osito 2]

Am I doing this right? I am confused because of the need to file i-130 and then i-129F.

I married last month in China and now trying to get the wife here.

I have i-130, i-129F, G-1145, G-325a, and i-864 all ready to go. I read the Step-by-Step Guide for a K-3 Visa, but still a bit confused why many people are not doing the K-3 Visa route. Is there a better way? Thank you for your help!

In my opinion The best way is CR1 visa. You'll save money and less hassle plus the time frame is the same. It used to be that the I-129F was approved way faster but that is no longer the case.

[Ryan H 3,818]

Furthermore, once your file reaches the NVC, you can opt for electronic processing (EP) for your case since your wife is from China. Should you chose to opt for EP, everything from that point forward would be handled electronically. You can only opt for EP on a CR-1 file. You will not be able to do it for a K3.

[Darnell 8,478]

Do not pursue the K-3 with a subsequent I-129F Filing.

Some light reading ?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

then, let me know yer thoughts, once you finished reading those two web pages. TIA !

[mike411 15]

CR1 is just like K-3, but without sending in the i-129F?

Looks like adding a cover letter with table of contents?

In my opinion The best way is CR1 visa. You'll save money and less hassle plus the time frame is the same. It used to be that the I-129F was approved way faster but that is no longer the case.

[Darnell 8,478]

CR1 is just like K-3

No, actually, they're not so similar.

Please check the 2 links in my prior post.

[mike411 15]

Thanks for links! I see the difference! I will pursue CR-1 to get my wife here.

I see the I-130 package and the I-485 package. Do I mail both packages at the same time?

CR1 is just like K-3

No, actually, they're not so similar.

Please check the 2 links in my prior post.

[Ryan H 3,818]

I see the I-130 package and the I-485 package. Do I mail both packages at the same time?

Just send the I-130. I-485 is for Adjustment of Status which will not apply in your case.

Edited June 6, 2011 by Ryan H

[Darnell 8,478]

I-485. No.

Bubba, you better figure this out, soonish. Click 'Guides' at the top of this page, read all, pick a suitable guide (there's a test, later, aye?)

[mike411 15]

I'll be reading tonight! Thanks!

I-485. No.

Bubba, you better figure this out, soonish. Click 'Guides' at the top of this page, read all, pick a suitable guide (there's a test, later, aye?)

[Darnell 8,478]

hey Mike - you prolly want to put together yer evidence pile for I-130 submittal - here's what I did on mine, ages past - http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

[*wifey* 0]

if u re already married, u ll need the i-130 which is the spouse visa. the i-129 is for a fiance visa.

there's no k3 visa anymore, it's now cr-1/ ir-1.

Edited June 9, 2011 by *wifey*

[Ryan H 3,818]

there's no k3 visa anymore, it's now cr-1/ ir-1.

That's not correct, the provision in the LIFE Act that created the K3 has not been repealed. While K3 and IR-1/CR-1 are both spousal visas, the similarities end there.

[*wifey* 0]

That's not correct, the provision in the LIFE Act that created the K3 has not been repealed. While K3 and IR-1/CR-1 are both spousal visas, the similarities end there.

so can u explain the differences to him?

everyone form GER is filing the cr-1/ ir-1 and i ve just heard the k-3 isnt being processed anymore - but i havent looked into it closer so u may help this guy to decide whats better for him to file for.