I-485 and the CR-1

[jesdel 0]

Hello Everyone,

I'm new on this site and to this whole process. Honestly, I feel like I'm going to lose my mind. I am an American currently residing in South Korea with an E2 Visa. My wife is from the Philippines and is currently living with me in Korea. We are getting all our paperwork together now to file the I-130, which will be done on March 2nd.

What I'm confused about are the steps that must be taken after filing the I-130. It sounds like the CR-1 is less of a hassle compared to the K-3, so I would like to pursue the CR-1. Would you recommend the CR-1 as well? Also, do I need to submit the I-485 if I'm living abroad? Any other advice would be much appreciated!

Thanks in advance for your help.

[payxibka 10,045]

I-485 is for those inside the USA when filing the I-130. This does not apply to you

[RICARDO4EVA2 194]

Hello Everyone,

I'm new on this site and to this whole process. Honestly, I feel like I'm going to lose my mind. I am an American currently residing in South Korea with an E2 Visa. My wife is from the Philippines and is currently living with me in Korea. We are getting all our paperwork together now to file the I-130, which will be done on March 2nd.

What I'm confused about are the steps that must be taken after filing the I-130. It sounds like the CR-1 is less of a hassle compared to the K-3, so I would like to pursue the CR-1. Would you recommend the CR-1 as well? Also, do I need to submit the I-485 if I'm living abroad? Any other advice would be much appreciated!

Thanks in advance for your help.

The K3 Visa is no loner a visa that is issued. Since your wife resides over seas your have to pursue the CR-1 route. The only USCIS form required is the I-130 along with any supporting documents. No, if you are living abroad the I-485 does not apply to the case. That is used for applicants in the USA seeking to adjust their status to a permanent resident.

[Darnell 8,478]

Please, take the I-485 out of yer forms list. It not apply to yer wife's situation, at all.

[jesdel 0]

Ok, thanks everyone. It's a relief I don't have to worry about the I-485. Would you recommend filing the I-129 Form after I receive my receive that the I-130 was received? I know they don't relate, but I heard the I-129 can help my wife move to America and work a lot sooner while the I-130 is being processed.

[Stephen + Elisha 92]

The K-3 was a viable option when I-130s were taking much longer to process. These days, they process in about the same time as the I-129F for K-3 so there's really no point in spending the extra money.

This is PARTICULARLY true since you're eligible for DCF at the Seoul USCIS office. Your I-130 will most likely be adjudicated far quicker than a stateside petition.

[Ryan H 3,812]

Would you recommend filing the I-129 Form after I receive my receive that the I-130 was received?

No

[jesdel 0]

The K-3 was a viable option when I-130s were taking much longer to process. These days, they process in about the same time as the I-129F for K-3 so there's really no point in spending the extra money.

This is PARTICULARLY true since you're eligible for DCF at the Seoul USCIS office. Your I-130 will most likely be adjudicated far quicker than a stateside petition.

Ok, this is starting to make sense. Thank you! To summarize everything, I don't need to submit the I-485 or the I-129. The I-130 doesn't take as much time to be processed as it once was in the past, so the I-129 is not necessary.

In a week or two after petitioning the I-130, I will receive a packet with further instructions. This will put me on the path to getting a CR-1 Visa. Am I correct with that?

[pushbrk 12,897]

Ok, this is starting to make sense. Thank you! To summarize everything, I don't need to submit the I-485 or the I-129. The I-130 doesn't take as much time to be processed as it once was in the past, so the I-129 is not necessary.

In a week or two after petitioning the I-130, I will receive a packet with further instructions. This will put me on the path to getting a CR-1 Visa. Am I correct with that?

Except that you are referring to the I-129F, not an I-129. Different animal altogether.

[jesdel 0]

Except that you are referring to the I-129F, not an I-129. Different animal altogether.

Right, the I-129F is for fiance's. So it wouldn't apply to my situation considering my spouse and I are already married. I was referring to the I-129. I read somewhere that if I apply for that as well, it will allow my spouse to live and work in America sooner than waiting for the entire spouse visa process to be complete. However, like that is not the case anymore and I shouldn't submit the I-129.

If all my documents are submitted without errors, do you think my wife can live in America by next March 2013? After the I-130 petition, I will proceed with the CR-1.

[pushbrk 12,897]

Right, the I-129F is for fiance's. So it wouldn't apply to my situation considering my spouse and I are already married. I was referring to the I-129. I read somewhere that if I apply for that as well, it will allow my spouse to live and work in America sooner than waiting for the entire spouse visa process to be complete. However, like that is not the case anymore and I shouldn't submit the I-129.

If all my documents are submitted without errors, do you think my wife can live in America by next March 2013? After the I-130 petition, I will proceed with the CR-1.

NO! The I-129 is for a work visa. The I-129F petition for fiancee can also be used to start a doomed K3 visa process in parallel with the CR1 process that will survive. The I-129F IS IS IS what you are thinking of but it is not needed. The I-129 IS IS IS a different animal.

[Stephen + Elisha 92]

In a week or two after petitioning the I-130, I will receive a packet with further instructions. This will put me on the path to getting a CR-1 Visa. Am I correct with that?

"A week or two" sounds overly optimistic, but yes, after the I-130 petition is approved, your spouse (the intending immigrant) will eventually receive a "packet" (actually, at the Seoul embassy, it's an email with a link to a web page) that will contain instructions for applying for the IR-1/CR-1 visa. I say "eventually" because I'm not sure if NVC comes into play in the DCF process.

[jesdel 0]

NO! The I-129 is for a work visa. The I-129F petition for fiancee can also be used to start a doomed K3 visa process in parallel with the CR1 process that will survive. The I-129F IS IS IS what you are thinking of but it is not needed. The I-129 IS IS IS a different animal.

"I was referring to the I-129. I read somewhere that if I apply for that as well, it will allow my spouse to live and work in America sooner than waiting for the entire spouse visa process to be complete."

I'm not sure how that doesn't resemble the work visa, but I apologize for the confusion. It's clarified though, I shouldn't petition the I-129. Thanks for your answers and help.

[jesdel 0]

"A week or two" sounds overly optimistic, but yes, after the I-130 petition is approved, your spouse (the intending immigrant) will eventually receive a "packet" (actually, at the Seoul embassy, it's an email with a link to a web page) that will contain instructions for applying for the IR-1/CR-1 visa. I say "eventually" because I'm not sure if NVC comes into play in the DCF process.

I'm sorry, I was thinking about the receipt that the I-130 was received when I typed that.

[pushbrk 12,897]

"I was referring to the I-129. I read somewhere that if I apply for that as well, it will allow my spouse to live and work in America sooner than waiting for the entire spouse visa process to be complete."

I'm not sure how that doesn't resemble the work visa, but I apologize for the confusion. It's clarified though, I shouldn't petition the I-129. Thanks for your answers and help.

I'm sorry but although it is clear you shouldn't file any other petition, it is the I-129F that you read about allowing your spouse to come sooner. It doesn't, really and certainly isn't applicable when filing DCF. However, no the I-129 and the I-129F are separate animals. The I-129 would NEVER be used in a family based case. Find it here http://www.uscis.gov/files/form/i-129.pdf and note that it is filed by an employer. We can't really help you if you think you already know everything.