Has this ever been considered?

[Libersolis 0]

Why not just let people file the I-129 F instead of having to file the I-130 first? I mean people get to chose regardless so why not just let them chose if they want to file the I-130 or not?

[riblet 0]

I guess because the K3 came after the I130 -- it is supposed to be for people who are waiting for the I130 so they can be together more quickly - HA! Too bad it's not working very well.

And maybe they don't want to encourage people to adjust status when they are in the U.S.? Or maybe they just bumble along, not really thinking

Why not just let people file the I-129 F instead of having to file the I-130 first? I mean people get to chose regardless so why not just let them chose if they want to file the I-130 or not?

[YuAndDan 153]

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing.

http://www.visajourney.com/faq/k3k4visa-outline.html

At the time the CR-1 visa was a much longer process than it seems to be today, so the K-3 was developed to reduce the time that a married couple would be apart while waiting for the visa.

With the CR-1 immigration visas processing nearly as fast, I would think it would be easier to just do the CR-1/IR-1 visa, so that AOS would not be needed.

Edited October 11, 2006 by YuAndDan

[meauxna 15]

Why not just let people file the I-129 F instead of having to file the I-130 first? I mean people get to chose regardless so why not just let them chose if they want to file the I-130 or not?

How would the beneficiary become a Permanent Resident without the I-130?

Answering my own dumb question part-way: The same way K-1s do?

[Libersolis 0]

Yep.

[Yodrak 7]

Libersolis,

Because the amendment to the INA that created the K3 visa was layered on top of the existing law for spousal immigration, it did not change the existing law. And the existing law required that a spouse, same as any other relative, needed an approved I-130 to immigrate.

Yodrak

Why not just let people file the I-129 F instead of having to file the I-130 first? I mean people get to chose regardless so why not just let them chose if they want to file the I-130 or not?

[alix 20]

There is something I´ve been wondering....do you think that if people had to chose either the K3 or the CR1, they´d be processed quicker? I just feel that the USCIS is bombarded with I-129s that are later discarded by the petitioners because the I-130s are being approved. I know that in the past the K3 was a quicker choice, but now most people I read about quit the K3 and prefer to wait a couple more months for the CR1. If the USCIS didn´t receive so many I-129s maybe they´d have more time to process I-130 and they´s be approved quicker??? And then there would be less work for the NVC as well....and so on...

Anyways, just a though...