Guidance on whether to apply for K3/K4

[TedM 9]

Here is my situation:

I recently married in the Phillipines. I am, obviously, working to bring my wife to the U.S. She also has a 2-year old daughter we want to bring.

I filed my wife's I-130 and just received the NOA1. I am debating whether to file the I-129F, with the plan to apply for the K3 visa. My thinking is that her daughter could come on a K4 with her if the I-130 is delayed for any reason.

I know the odds of the I-129F being processed first are 50-50 at best. I have not filed her daughter's I-130 yet, but will in January (I do realize that she will need this to come into the U.S. if the I-129F is not processed).

So my question is: will it hurt to file the I-129F? Is it good to have just in case for backup? Am I just wasting my time with it? Or, at worst, can I mess up the process by filing the I-129F now?

Any help is greatly appreciate.

Edited December 14, 2011 by TedM

[pushbrk 12,883]

Here is my situation:

I recently married in the Phillipines. I am, obviously, working to bring my wife to the U.S. She also has a 2-year old daughter we want to bring.

I filed my wife's I-130 and just received the NOA1. I am debating whether to file the I-129F, with the plan to apply for the K3 visa. My thinking is that her daughter could come on a K4 with her if the I-130 is delayed for any reason.

I know the odds of the I-129F being processed first are 50-50 at best. I have not filed her daughter's I-130 yet, but will in January (I do realize that she will need this to come into the U.S. if the I-129F is not processed).

So my question is: will it hurt to file the I-129F? Is it good to have just in case for backup? Am I just wasting my time with it? Or, at worst, can I mess up the process by filing the I-129F now?

Any help is greatly appreciate.

An I-129F for a spouse is not "back-up". It's just not needed anymore. Both petitions are processed together when you file an I-129F. Anything you read that says otherwise is at least five years out of date.

[Darnell 8,478]

Unca Darnell say -

You are wasting yer time on a worthless gamble, to file the I-129F.

More answers inline, below.

Here is my situation:

I recently married in the Phillipines. I am, obviously, working to bring my wife to the U.S. She also has a 2-year old daughter we want to bring.

I filed my wife's I-130 and just received the NOA1.

you were supposed to file an I-130 on the child as well, but decided to do something else.

I am debating whether to file the I-129F, with the plan to apply for the K3 visa.

why? it's a no-brainer - don't do it. Stuff/reasoning that worked 5 years ago, doesn't apply today

My thinking is that her daughter could come on a K4 with her if the I-130 is delayed for any reason.

that'd be broken thinking, as the K-4 is no longer 'awarded' without an I-130 filed on the child

I know the odds of the I-129F being processed first are 50-50 at best. I have not filed her daughter's I-130 yet, but will in January (I do realize that she will need this to come into the U.S. if the I-129F is not processed).

So my question is: will it hurt to file the I-129F? Is it good to have just in case for backup? Am I just wasting my time with it? Or, at worst, can I mess up the process by filing the I-129F now?

Any help is greatly appreciate.

[TedM 9]

Many thanks. Much of what I'm reading now indicates that as well. I suppose I was making it more confusing for myself by including the K4 aspect, but I think I should just do the IR-2 for my step-daughter.

[sjr09 155]

Many thanks. Much of what I'm reading now indicates that as well. I suppose I was making it more confusing for myself by including the K4 aspect, but I think I should just do the IR-2 for my step-daughter.

Looking at your timeline, marriage date is 2011/11/15

[TedM 9]

Looking at your timeline, marriage date is 2011/11/15

Yes, you're right, CR-2 and CR-1 for my wife.