Is it true you cannot file an I 129F if you have an approved I 130?

[MissStacey 1]

I just heard from a friend on this board that it may be the case that you can't file an I 129F if you have an approved I 130. I can't find any info on it and there is no way to call USCIS over the weekend or Holiday.

Our I 130 is at a standstill right now. We are waiting for our I 824 to go through so my case will be sent to Canada.

We sent the I 129F last night, hoping this route will be quicker and allow me back to the US.

Anyone out there know?

[jack and jill 0]

you can file for the K3 visa (which is also a 129f form). You need to send a copy of the NOA1 from the I130 form

The only thing you can not file for is the fiance visa (K1) as you ar already married.

The K1 and K3 use the same 129f form

Good LUck

[MissStacey 1]

I did find some info about it. It is still confusing. We can still file it.

Now my question is, will I have to return to Canada to complete the CR1? Or can we finish that process in the US?

[kitkat1 5]

I did find some info about it. It is still confusing. We can still file it.

Now my question is, will I have to return to Canada to complete the CR1? Or can we finish that process in the US?

It's fine to file the I-129F after the I-130 approval to get a non-immigrant visa. It still results in an interview in Canada if that's where you live.

[MissStacey 1]

Great! I didn't want to phone Mel to tell him to cancel the cheque. haha.

Which ever route comes through faster, we'll jump on it. If I go back to the US and on the K3 and do have to still go to Montreal for the CR1, then that's the way it will have to be. If we can finish the process in the US, that would be great. At this point we will do whatever we have to do.

[kitkat1 5]

Great! I didn't want to phone Mel to tell him to cancel the cheque. haha.

Which ever route comes through faster, we'll jump on it. If I go back to the US and on the K3 and do have to still go to Montreal for the CR1, then that's the way it will have to be. If we can finish the process in the US, that would be great. At this point we will do whatever we have to do.

If you chose to go the K3 route, you will effectively be abandoning the CR1, meaning you cannot enter on a K3 and then go back to Montrea for the CR1. If you enter on the K3, you will finish you AOS in the US. If you chose to go the CR1, you will complete everything in Montreal and then enter the US.

[MissStacey 1]

Ok. I wasn't sure about that. Thanks KitKat! That is fine if we finish everything in the US. I know the CR1 would be the ideal way to go, but we just want a life together again.

[jazzy 0]

Great! I didn't want to phone Mel to tell him to cancel the cheque. haha.

Which ever route comes through faster, we'll jump on it. If I go back to the US and on the K3 and do have to still go to Montreal for the CR1, then that's the way it will have to be. If we can finish the process in the US, that would be great. At this point we will do whatever we have to do.

If you chose to go the K3 route, you will effectively be abandoning the CR1, meaning you cannot enter on a K3 and then go back to Montrea for the CR1. If you enter on the K3, you will finish you AOS in the US. If you chose to go the CR1, you will complete everything in Montreal and then enter the US.

Kitkat....you are WRONG!!!

If you enter on K-3 you most assuredly CAN go back and interview for the CR-1!!! The choice is either go back and interview for cr-1 and recieve all the benifits that go with that....green card, ssn, ead, ect....coz you would be entering as an immigrant....or stay with k-3 ...entering as non-immigrant and have to go through the adjustment of status.....if they have already paid some fees...which it appears they have...the IV bill and aos fee...then the cr-1 is the better be......however....they CAN go back for cr-1 after coming on a k-3.

Jazzy

[kitkat1 5]

Kitkat....you are WRONG!!!

If you enter on K-3 you most assuredly CAN go back and interview for the CR-1!!! The choice is either go back and interview for cr-1 and recieve all the benifits that go with that....green card, ssn, ead, ect....coz you would be entering as an immigrant....or stay with k-3 ...entering as non-immigrant and have to go through the adjustment of status.....if they have already paid some fees...which it appears they have...the IV bill and aos fee...then the cr-1 is the better be......however....they CAN go back for cr-1 after coming on a k-3.

FORGIVE ME. Why would someone who wants to go the fastest way possible to be with their spouse go through the process/interview to enter on a K3 and then go back to their country and go through the whole thing again for a CR1? I realize a CR1 is much better in the end because there is no AOS, but once you are finally in the US, why do that? Seems rather counterintuitive to me.

[jazzy 0]

Kitkat....you are WRONG!!!

If you enter on K-3 you most assuredly CAN go back and interview for the CR-1!!! The choice is either go back and interview for cr-1 and recieve all the benifits that go with that....green card, ssn, ead, ect....coz you would be entering as an immigrant....or stay with k-3 ...entering as non-immigrant and have to go through the adjustment of status.....if they have already paid some fees...which it appears they have...the IV bill and aos fee...then the cr-1 is the better be......however....they CAN go back for cr-1 after coming on a k-3.

FORGIVE ME. Why would someone who wants to go the fastest way possible to be with their spouse go through the process/interview to enter on a K3 and then go back to their country and go through the whole thing again for a CR1? I realize a CR1 is much better in the end because there is no AOS, but once you are finally in the US, why do that? Seems rather counterintuitive to me.

Kitkat....

Alot of people file for the k-3 and get an interview quickly only to find out that thier I-130 was approved....many people then go back for cr-1 interview so they dont have to adjust status...its much easier and less to worry about in the states if you have the cr-1, so for many people its advantageous to go back for the cr-1 interview...its not repeating the process...just the interview. Being that this couple is from canada...and it appears that they have already begun the cr-1 paper work and fees...it probably will be quicker for them on the cr-1 at this point....either way they have that choice.

Jazzy

[riblet 0]

It is true that many Canadians choose to enter on the K3 and then go back to Canada just for the interview. They can stay in the U.S. until the CR/IR1 interview, and it is often faster than filing AOS. Choosing to enter on the K3 does not in any way abandon the CR/IR1 process.

But, I'm sure far less people will be doing this now that they will most likely have to file the I824 and pay $200 to have an I130 sent to the NVC if they already have an approved I129F.

[jazzy 0]

It is true that many Canadians choose to enter on the K3 and then go back to Canada just for the interview. They can stay in the U.S. until the CR/IR1 interview, and it is often faster than filing AOS. Choosing to enter on the K3 does not in any way abandon the CR/IR1 process.

But, I'm sure far less people will be doing this now that they will most likely have to file the I824 and pay $200 to have an I130 sent to the NVC if they already have an approved I129F.

HI,

You either have to pay the fees now with the cr-1.....or pay the fees later with k-3 and adjustment of status...6 of one half dozen of the other....at least with cr-1 you dont have to jump through anymore hoops once your in the US...nothing to do for 2 years when you go for lifting of conditions.

Jazzy

[riblet 0]

I think that the extra $200 would now make the option more expensive to return to Canada. My understanding - although I never added it up myself - was that AOS cost the same as pursuing CR1, so I thought that now it would cost an extra $200 + the trip back.

I'll try to figure out it all out so I know for later I'm glad we're just getting the CR1 through Montreal though, it makes the most sense for us!

It is true that many Canadians choose to enter on the K3 and then go back to Canada just for the interview. They can stay in the U.S. until the CR/IR1 interview, and it is often faster than filing AOS. Choosing to enter on the K3 does not in any way abandon the CR/IR1 process.

But, I'm sure far less people will be doing this now that they will most likely have to file the I824 and pay $200 to have an I130 sent to the NVC if they already have an approved I129F.

HI,

You either have to pay the fees now with the cr-1.....or pay the fees later with k-3 and adjustment of status...6 of one half dozen of the other....at least with cr-1 you dont have to jump through anymore hoops once your in the US...nothing to do for 2 years when you go for lifting of conditions.

Jazzy

[jazzy 0]

I think that the extra $200 would now make the option more expensive to return to Canada. My understanding - although I never added it up myself - was that AOS cost the same as pursuing CR1, so I thought that now it would cost an extra $200 + the trip back.

I'll try to figure out it all out so I know for later I'm glad we're just getting the CR1 through Montreal though, it makes the most sense for us!

It is true that many Canadians choose to enter on the K3 and then go back to Canada just for the interview. They can stay in the U.S. until the CR/IR1 interview, and it is often faster than filing AOS. Choosing to enter on the K3 does not in any way abandon the CR/IR1 process.

But, I'm sure far less people will be doing this now that they will most likely have to file the I824 and pay $200 to have an I130 sent to the NVC if they already have an approved I129F.

HI,

You either have to pay the fees now with the cr-1.....or pay the fees later with k-3 and adjustment of status...6 of one half dozen of the other....at least with cr-1 you dont have to jump through anymore hoops once your in the US...nothing to do for 2 years when you go for lifting of conditions.

Jazzy

Hi again,

Can you clarify what 200 dollars your talking about?...the aos cost is 70 dollars and the IV bill is 190 dollars...you dont pay anything for the I-130 to be send nvc...thats just part of the processing. If i remember properly the adjustment of status is actually more expensive not including the trip back, plus you have more appointments and interviews to go to here in the states on the adjustment of status...which probably exceeds transportation costs of going back once.

Jazzy

[jazzy 0]

I think that the extra $200 would now make the option more expensive to return to Canada. My understanding - although I never added it up myself - was that AOS cost the same as pursuing CR1, so I thought that now it would cost an extra $200 + the trip back.

I'll try to figure out it all out so I know for later I'm glad we're just getting the CR1 through Montreal though, it makes the most sense for us!

It is true that many Canadians choose to enter on the K3 and then go back to Canada just for the interview. They can stay in the U.S. until the CR/IR1 interview, and it is often faster than filing AOS. Choosing to enter on the K3 does not in any way abandon the CR/IR1 process.

But, I'm sure far less people will be doing this now that they will most likely have to file the I824 and pay $200 to have an I130 sent to the NVC if they already have an approved I129F.

HI,

You either have to pay the fees now with the cr-1.....or pay the fees later with k-3 and adjustment of status...6 of one half dozen of the other....at least with cr-1 you dont have to jump through anymore hoops once your in the US...nothing to do for 2 years when you go for lifting of conditions.

Jazzy

Hi again,

Can you clarify what 200 dollars your talking about?...the aos cost is 70 dollars and the IV bill is 380 dollars...you dont pay anything for the I-130 to be send nvc...thats just part of the processing. If i remember properly the adjustment of status is actually more expensive not including the trip back, plus you have more appointments and interviews to go to here in the states on the adjustment of status...which probably exceeds transportation costs of going back once.

Jazzy