I-129 or I-130 ?

[icaris001 0]

I'm hoping people in the forum can give some perspectives on this. I'm trying to bring my fiance over using the I-129/fiance visa. She said it's now impossible to do so and I have to use the i-130 which is the spousal visa. The spousal visa process is more complicated than the fiance visa and I don't want to get marry in Vietnam and the foreing marriage thing is also complicated with papperwork. Long story short, I know her more than 10 years and the long distance relationship is sucked. Does anyone heard of or confirmed that Vietnam no longer approved or it's immposible to get fiance visa?

thanks.

[ScottThuy 140]

Bad info, they DO approve fiancé visa's

[Bugs 455]

Historically the K-1 has been a quicker way to get your loved one to the U.S, as it usually takes about 7 months. The spousal visa takes longer, up to a year. This is primarily because you do much of the paperwork required in the spousal visa process when she is already here on a fiance visa. And, yes, there is also the issue of complying with country specific rules and procedures when marrying someone in their native country.

Edited June 9, 2013 by Leon & Mylen

[Chris & Trinh 15]

If you are not married then your fiance is not a immediate relative thus you can not file the i-130 (R-1/CR-1 visa). You must file the i-129 (K-1 visa). As mentioned above the K-1 does get approved quicker than the R-1/CR-1 visa. There is just more paperwork you have to do later in the US with the K-1 where as with the R-1/CR-1 most of the paperwork is all done before coming to the US. The K-1 is what you need to do if not getting married before you bring her to the US. Also if you do file the K-1 and she comes to the US you have 90 days to get married from the time she enters the US.

P.S. Your fiance might have been thinking about the K-3 visa. This is an older visa type that could also be used for spouses. However, it is not being used anymore, just on a few special cases. Most are being forced to use the R-1/CR-1 visa.

Edited June 10, 2013 by Chris & Trinh

[WeatherEmperor 21]

I dont know where she got the idea that you can no longer do the K1 visa. You are still able to go through the application process for the K1 visa. Talk to her and figure out what is best for you and your families.

[icaris001 0]

thanks for the comments guys. my girl told me that 2 years ago, fiance visa/I-129 was easy but not now. Now have to be I-130. I don't know how much truth is it but that what she said. I think she asks some agency that "help" people do this kind of stuff. Because I have limited time off from work, I hate to waste my time rushing to vietnam to get hitched and have to flight back 2 days later just to start the I-130 processes.

[Banh Xeo 0]

thanks for the comments guys. my girl told me that 2 years ago, fiance visa/I-129 was easy but not now. Now have to be I-130. I don't know how much truth is it but that what she said. I think she asks some agency that "help" people do this kind of stuff. Because I have limited time off from work, I hate to waste my time rushing to vietnam to get hitched and have to flight back 2 days later just to start the I-130 processes.

Try first with the K-1 route. If your petition gets denied, then you have to proceed with the next logical step, a CR1 (I130). Like or not, want it or not, have time to do it or not, you HAVE TO marry her in her country if the K-1 route fails. That's the price one has to pay for having long-distant relationship.

If you 2 have maintained a 10-year relationship (and I assume you 2 have kept plenty of evidences backing that claim up), why is she concerned which route is "easier"? Without knowing a lot of facts about your relatioship and heading into speculation, I restraint myself from further comment in regards to that bold quote.

Edited June 11, 2013 by Banh Xeo

[brr5 6]

Actually the k-1 visa was very easy process. I started last April and my fiance (now wife) was approved January 30 and I went over for Tet and brought her back with me. One RFE that was an easy fix.

As an fyi, my friend filed a k-3 visa at the same time as I and his wife was approved january 31, so either should work, depending on if you want to marry in VN or US.

[Hao 1]

I filed an I-129F application last september, and now we are waiting for packet 4 to arrive. We haven't heard anything about them not approving k1 visa any more.

[ScottThuy 140]

There are drawbacks to both visas... in either case, the best thing to do is be well prepared for the entire process before starting it. Know what is required exactly and when it is required. Do a great deal of reading here to get an understanding of the hurdles others have hit and this will help you to avoid them.