Question regarding the I-129F Petition

[Rings 10]

Hello I am a new member and this is my first post (please go easy on me). I did read the FAQ's as well as as many posts that I could find on my type of case, but I am still at a loss in a mound of paperwork that I am terrified to file incorrectly.

My husband is Australian and I am a U.S. citizen. He is there and I am in the United States. I bought an immigration packet and I also cross reference everything with the USCIS website and the forms there. According to what I have learned I will file the petition I-130 and then wait for the approval, but in order to prepare myself for all of the major steps so that I can get Loke here as soon as humanly possible, I have tried to look further ahead of the process to figure out what other things I will need so I can begin gathering that information.

The I-129F petition looks like it is for fiance(s) only, but everywhere I look, it seems as if this will be my next step in the process. My question is that even though we are already married and I have the legal documentation to prove that, should I still prepare this form and gather the documents neccessary to send this in next? If so, can I send this form in conjunction with the petition I-130?

Thank you for any advice that you may be able to offer me. I am so desperate to make sure this is done right!

~Rings

[aznsamiam 0]

I'm not quite sure what immigration packet you bought, since you really don't need to "buy" anything except pay the fees that USCIS requires. I'm hoping that you didn't get your money stolen from you !

Download and use the forms that are available on the USCIS website (I-129F and I-130 form) and constantly check it for any new updates. There's supposed to be a new I-129F form available (not sure if it is yet) since the current version was set to expire in 2006

There are explicit instructions in the I-129F (page 3, section #10) that details the use of the I-129F when applying for the K-3 visa. Unfortunately, you can't mail both of them in at the same time, since the I-129F requires proof of an I-130 having been sent and received by USCIS.

check to make sure that you have all the right documents, since the documents themselves have specific instructions on WHO can file, HOW to fill it out, WHEN everything needs to be done, WHERE to file it, and WHAT information you need.

[kim&james 0]

I hope that you didnt spend too much on the forms... they are free from the USCIS website.

Keep re reading the guides until you really get a grasp on which/what you need. Do one step at a time then look ahead to what you need next. Although it looks confusing due to the amount of paperwork also needed to submit with the various applications, it is actually pretty simple.

You will learn pretty quickly, going through this.

DL the latest version of the I130 and assemble everything needed to submit with this first. When you receive your NOA1 (I797 - notice of action) you will be able to submit the I129f (do not worry that it only says fiance - they dont have a seperate one for spouse) so prepare that one after you have posted the I130.

From your first post it seems that you think you might need approval for the I130 to send the I129f, this is not correct you only need the first NOA, that they have received the application. It should take just a couple of weeks from posting.

Best of luck... this can be very confusing but keep reading through this website and you'll be right mate!

[Loke 0]

Hi all, I'm the other half of this equation. We are and were aware that the forms are available free, but we want and need to make sure we do this right and we are not prepared to be apart any longer than we absolutely have to be. We bought a DIY kit for $50 just so we would have some guidance - reassurance that we are taking the right steps at the right time, sample forms to make sure we get them completely right, that sort of thing. We are becoming reasonably confident that we understand the general process (although we are still learning new things every day) but there's plenty of niggling little pedantic things. We are currently scouring every source we can find just to make sure the advice we are receiving is good (already I have some doubts about some of the information in the kit we paid for but even then, we think it is so far worth the money for the good advice we have found in it).

I am curious about one section of the G-325A form. The section requesting information about the applicant's husband/wife contains two separate fields in the left hand box (family name box).

Filling in information for my wife, the wording leaves me unsure whether I should use these two fields to enter both her married surname and her maiden surname or whether I should simply write "wife" in the far left field and her maiden surname in the next field along. Maybe a dumb question but I'd like to ask and know the answer than fill it out wrong and have to start again later. Can anyone enlighten me on that please?

[Loke 0]

Think I just answered my own question...found some example forms that indicate the left field actually is used to indicate "wife".

[Jersey Girl 2]

My advice is to download the forms from USCIS. It's important that you use their forms, which can change, and may not be current in the package you bought. Also, when you get to the interview stage, it's important once again to use the forms they send. Some consulates are "very picky" about this.

You can use the package for general tips, but if there's something odd about the forms, you could be adding months to your process. On this journey, it pays to be paranoid, meticulous, and willing to follow the government's instructions to the letter.

Anyone who charges for these forms probably shouldn't be in the business of giving advice.

Edited February 5, 2007 by Jersey Girl

[Reba 2]

If you also want to petition for the K3 visa can use the I-129F form, after you get the receipt notice (NOA) from the I-130 petition.

What forms did you get in the kit? Just out of curiosity.

[Rings 10]

The kit has all of the forms in it, but these are not the forms that we are using because we are so paranoid. Loke and I have been filling out the forms directly on line and using the packet for the checklists and just as a cross referencing source.

The packet basically has examples of the G325A and the petition I-130 that are filled out as well as general information on what type of documents that you need, may need and what you can do to prepare yourself in the sense of the types of information that they will need for each step along the way. There are things like example questions that they will ask you at the interview and final checklists before you mail each form. There are also lists of options available to us.

[African Queen 0]

The kit has all of the forms in it, but these are not the forms that we are using because we are so paranoid. Loke and I have been filling out the forms directly on line and using the packet for the checklists and just as a cross referencing source.

The packet basically has examples of the G325A and the petition I-130 that are filled out as well as general information on what type of documents that you need, may need and what you can do to prepare yourself in the sense of the types of information that they will need for each step along the way. There are things like example questions that they will ask you at the interview and final checklists before you mail each form. There are also lists of options available to us.

Make sure that you make copies of all forms. Once you send the I-130 you can can then file the I-129F which is used for a spouse as well as a finace. The I-129F is supposed to be quicker. You can get all forms needed form uscis.gov website.

[Robor007 0]

Make sure you have all 4 forms of the G-325A filled out for each of you. If you're using the online fillable form it will auto complete forms 2-4 for you. If you're doing the I-130 (CR-1) and I-129 (K3) you'll need 2 sets of 4 G-325A pages (one for each petition). Also make sure all of the signatures are original. By that I mean don't print a form, sign it, and make copies of the forms to be submitted. And double check *EVERYTHING* before you mail it off. We caught an error on ours. I signed one of the forms in the 'prepared by' field. Luckily my wife caught it.

[misa 2]

Double-check and triple-check everything. If you are unsure, check the example forms on this site (not sure how accurate the example forms are in your package that you purchased).

Hang out in the regional subforum for Australia other people there can tell you what to expect from the consulate there including interview questions and other required documents (differs from consulate to consulate).

It seems awfully overwhelming at first, but you'll get the hang of it. Only a few months ago I was reading the guides over and over again trying to wrap my head around everything.

[Loke 0]

Thanks to everyone for your input here, it has been a little overwhelming to wade through all this stuff but we are gradually getting our heads around the process and I for one am much more confident in my understanding since finding this forum than I had been beforehand. I'm sure we'll find ourselves with a whole lot more questions as we get further into but I think we're almost ready to file this thing now. Will double and triple check everything before we do though.

[Rings 10]

Does anyone know about the life act? Can Loke come any earlier on this while he is waiting for the K3 visa? Is there any way or anything we can do? Would it mess things up if he came on the visitors visa?

[Reba 2]

Nope, the LIFE act *is* the K3 visa.

The K3 was created a few years ago to shorten the time spent apart by spouses and immediate family members of USCs, because at the time the I-130 petitions were taking about 3 years. The K3 at the time was taking only about 3 to 6 months. At the time, spouses were waiting years, while fiance(e)s waited only a couple of months. So they bodged the K3 together.

Then the Patriot Act happened and the bottom dropped out, so everyone just has to wait.