K-3 DCF Manila - i-130 and then i-129F ??

[MHikoPI 1]

Im looking at K-3 non-immigrant visa, Manila. If I have an approved i-130 Petition which I filed DCF in Manila on June 26, can I file the i-129F in Manila also?

According to the http://travel.state.gov website, to apply for the K-3 Visa, I would file the i-129F after the i-130. Im confused if the i-129F can be done DCF, since the addresses given are in the US only and it doesn’t give any notes if it can be DCF.

Im also confused by the website statement if the i-130 is approved first, then the K-3 visa option ends. The website link is below.

Travel.State.Gov

The First Step: Filing the Petitions,

You, the U.S. citizen sponsor, must first file Form I-130, with the (DHS), (USCIS) office that serves the area where you live. You must then file Form I-129F, to file the petition for a K-3 visa. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e)( USCIS ) for information on where to file the petition for a K-3 visa.

Important Notice: Effective February 1st, 2010, when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends.

I have been married and living in the Phils for 2.8yrs now. Kindly, any thoughts on this is greatly appreciated.

Miko

[GlobeHopperMama 95]

I'm completely confused why you would want to file for a K3 visa at this point. You have an I-130 approved via DCF. You can essentially gather your documents for an interview in Manila now and obtain the IR1 visa, which permits your spouse to immediately enter the US as a permanent resident, begin working and operating as a resident immediately instead of filing an Adjustment of Status packet at the cost of several hundred dollars and several months of waiting for employment authorization and SSN.

In answer to your other questions, though, no, I-129f can not be processed at the embassy, it can only go through the US service centers, and as you read, it will not be processed if the I-130 is already approved. You/your spouse are currently qualified to seek the IR1 visa based on your I-130 and it truthfully is the preferable of the two visas if both were an option, which they're not. You should follow the IR1 directions from Manila, and if you're confused or didn't receive them, check this page from the embassy to see the Immigrant Visa document requirements:

http://manila.usembassy.gov/wwwh3224.html

[canadian_wife 1,822]

An I129F will not be approved with an approved I130

From your own post

Important Notice: Effective February 1st, 2010, when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends.

Good luck

Edited October 3, 2012 by canadian_wife

[MHikoPI 1]

Sorry for the confusion, After a day of research I now understand the sequence that got me started down the path of a K-3.

I need a co-sponsor, i-864, for my IR-1 but family was saying it's too risky and i should fly to US without her and setup a job 1st. They are correct, but I don't want to go without her. So I started looking at options and I read about the K-3. It said that she could come to the US with me while the i-130 was being processed. THIS is where my confusion started, because I was not understanding that the i-130 use to take a long time to process, which is when a K-3 could be pursued. Mine has already been approved and thus the K-3 option is CLOSED.

I sure appreciate your responses. Maybe this will come in handy for some other traveler.

I now must try to alleviate the fears of an i-864. I'm researching the cases where claims have been made to require the sponsor to start coughing up money to give the beneficiary. All of which I know would never happen with my situation. But worse case scenarios are what's being discussed.

Miko

[GlobeHopperMama 95]

The sponsorship means the government can come after the sponsor if the immigrant seeks certain types of aid which they aren't usually entitled to anyway. It definitely doesn't mean that the sponsor is expected to start giving financial support to the immigrant if they can't get a job or something. It's important for sponsors to know the full weight of the commitment, but some sponsors also get very caught up thinking it means the immigrant can depend on them financially.

Just make sure you can prove your US domicile, that's often a bigger issue for US petitioners currently living abroad.

[MHikoPI 1]

Thanks, I will review my domicile proofs.

[MHikoPI 1]

Just another thought about the i-864...

The 864 does have certain contractual obligations that the Immigration Atty, that my family spoke to, said was not recommended. The atty also said that Manila was the most corrupt embassy. Not sure why he said that and it wasn't worth pursuing. But as far as some resarch goes, one of my documents for 864 legal precedents was on a Florida Bar website: My link

None of which pertains to the worse case scenarios my family talked about. They are concerned that if I get disabled or die, or if my wife gets injured or ill, then they would be liable for the medical bills or whatever. Still doing research to alleviate these concerns.

I hope I will find a sponsor, because I'm not sure how long it will take me in the US to qualify for Affidavit of Support on my own.

Thanks again,

Miko

[lovekoto 3]

The CO did not even look for the proof of re-establishing US domicile of my husband. But, on my interview, I have brought his plane ticket as a proof of US domicile. Our lease agreement from his brother in law was not available during my interview due to poor mailing system in our place.

Don't worry, the interview was soooo easy.

Just another thought about the i-864...

The 864 does have certain contractual obligations that the Immigration Atty, that my family spoke to, said was not recommended. The atty also said that Manila was the most corrupt embassy. Not sure why he said that and it wasn't worth pursuing. But as far as some resarch goes, one of my documents for 864 legal precedents was on a Florida Bar website: My link

None of which pertains to the worse case scenarios my family talked about. They are concerned that if I get disabled or die, or if my wife gets injured or ill, then they would be liable for the medical bills or whatever. Still doing research to alleviate these concerns.

I hope I will find a sponsor, because I'm not sure how long it will take me in the US to qualify for Affidavit of Support on my own.

Thanks again,

Miko

[MHikoPI 1]

Thanks ilovedo, we are hoping to to have our AOS complete, but if not, I will setup the interview regardless and have faith we will be approved. I have shown we have a bonifide marriage with 3yrs of living here and having a beautiful baby boy. We have completed the CRBA and he has his US passport. I have read many DCF interviews in Manilla and rarely has the AOS been discussed. I understand the requirements so we will do our best to get them ready.

Thanks again,

MHiko

[lovekoto 3]

When is your interview?

Thanks ilovedo, we are hoping to to have our AOS complete, but if not, I will setup the interview regardless and have faith we will be approved. I have shown we have a bonifide marriage with 3yrs of living here and having a beautiful baby boy. We have completed the CRBA and he has his US passport. I have read many DCF interviews in Manilla and rarely has the AOS been discussed. I understand the requirements so we will do our best to get them ready.

Thanks again,

MHiko

[MHikoPI 1]

As of now, Im discussing the i-864 with my mother. as soon as I have an answer, I will email my DS2001 and get the interview appointment.