Seeking advice on our situation

[skdbh 0]

The lawyer iI had said the process is longer applying for a I-130 Visa. Don`t know why...

I also have friends that were advised wrong (did nto do fiancé visa) and wanted to be in teh USA. They got married in the USA and she (from Canada) had to leave wbecause they would have to apply for a I- 130 VISA. It has now been 4 years going through their I-130 Visa and it still has not been granted, and the country is right next door.

However, ever case is different. There is not one that is the same.

Good luck on whatever decision you choose!

[aussie_jason 195]

The lawyer iI had said the process is longer applying for a I-130 Visa. Don`t know why...

I also have friends that were advised wrong (did nto do fiancé visa) and wanted to be in teh USA. They got married in the USA and she (from Canada) had to leave wbecause they would have to apply for a I- 130 VISA. It has now been 4 years going through their I-130 Visa and it still has not been granted, and the country is right next door.

The I-130 isn't a visa nor is it an application for one, you would file the I-130 petition to be able to apply for an IR1/CR1 visa using DS-260 plus medical & affidavit of support etc. The I-130 is processed by USCIS and then the DS-260 is processed by the National Visa Center and eventually the embassy/consulate in their spouse's home country. I'm not sure how the priority dates operate for IR1/CR1 but I can't see how it would ever take 4 years, something seems very wrong with that.

[Harpa Timsah 13,258]

The I-130 isn't a visa nor is it an application for one, you would file the I-130 petition to be able to apply for an IR1/CR1 visa using DS-260 plus medical & affidavit of support etc. The I-130 is processed by USCIS and then the DS-260 is processed by the National Visa Center and eventually the embassy/consulate in their spouse's home country. I'm not sure how the priority dates operate for IR1/CR1 but I can't see how it would ever take 4 years, something seems very wrong with that.

There is always more to the story than meets the eye. I guess, overstay bans, waivers, the person is not a USC, etc.

[skdbh 0]

Yeah, I have no clue why it is taking so long. Thanks for clearing things up.

Like mentioned, every case is different.

Have a great day!

[N-o-l-a 7,168]

They switch around quite a bit, we filed both a I-129F for a K1 and 2 separate I-130s for a CR1 in 2012 and 2013. The I-129F in 2012 took 8 months to get approved, the first I-130 took 7 months (because they sent it to the Danish embassy and had to wait for it to come back) and the second we filed was approved in a day. We had our CR1 faster than we would have ever had our K1 and my husband was able to get a job second day in the US. That was important to us.

The problem is that you never know when the processing times are going to flip again. When we filed the I-130 last year, lots of people were being approved in under 90 days and I-129Fs were taking forever.

IMO, you should pick which visa you want based on your circumstances and not too much on the processing time, because it really can change very suddenly.

[aussie_jason 195]

we filed both a I-129F for a K1 and 2 separate I-130s for a CR1 in 2012 and 2013.

Why did you do that? Did finances prevent you from applying for the visa once the earlier petitions were approved or what?

[N-o-l-a 7,168]

Why did you do that? Did finances prevent you from applying for the visa once the earlier petitions were approved or what?

I don't see why that is your business, but no.

[aussie_jason 195]

I don't see why that is your business, but no.

Sorry, I wasn't meaning to pry but that seems highly irregular and that was the only possible explanation that came to mind.

[N-o-l-a 7,168]

Sorry, I wasn't meaning to pry but that seems highly irregular and that was the only possible explanation that came to mind.

If you must know, we filed an I-129F for a K1, my dad was diagnosed with stage IV melanoma about a month after, he died very suddenly and I moved to Denmark to get my mind away from it. So, we got married making us not eligible for a K1, then filed an I-130 after again circumstances changed. USCIS screwed my petition up royally. We got special permission to file a new I-130 and do DCF. The end.

Edited February 12, 2014 by N-o-l-a