I129 vs I130

[monicatony 0]

Hi all

need a little clarification. We followed the guidelines for the K3 after we were married, which was sending first the I130 package followed by the I129F. We just heard today that our I129 was approved and we would get instructions in the mail. Why are these two packages being considered separately, like 2 different cases, as I thought they were both necessary in eventually getting the K3 visa? What are these "instructions" that we will be receiving? Does this mean we have to start assembling the spousal support information as we will be arranging an interview at the consulate soon??

thanks

Monica

[Robor007 0]

Hi all

need a little clarification. We followed the guidelines for the K3 after we were married, which was sending first the I130 package followed by the I129F. We just heard today that our I129 was approved and we would get instructions in the mail. Why are these two packages being considered separately, like 2 different cases, as I thought they were both necessary in eventually getting the K3 visa? What are these "instructions" that we will be receiving? Does this mean we have to start assembling the spousal support information as we will be arranging an interview at the consulate soon??

thanks

Monica

They are 2 separate petitions. The I-129F (K-3) petition is totally optional. As I understand the new process if you've got an approved I-129F your I-130 will be held at the service center unless you submit a form (can't remember which one) and pay a $200 fee to have it transferred to the NVC for further processing.

[Reba 2]

They are 2 separate petitions, but you can't do the I-129F for a K3 without first having the I-130 sent in. It is government paperwork reduction policies in action!

If the I-129F is approved, the beneficiary (foreign spouse) should be receiving a package in the mail in a few weeks from the consulate. Complete the checklist and medical exam, send it all back to the consulate and they'll schedule your interview. And yes, this part will include the affidavit of support form I-134, that your spouse/sponsor will need to complete and send to you.

Congratulations, you're almost home!

[Kristi 0]

if you can't do the I-129F before having the I-130 sent in how are people getting them approved on the same day? The more I read... the more confused I get...

[mchina34 0]

if you can't do the I-129F before having the I-130 sent in how are people getting them approved on the same day? The more I read... the more confused I get...

Supposedly, part of the new process the USCIS implemented in Oct. '06 was to streamline the I130/I129f and have them both sent to the same service center for processing. Prior to that the I130 was processed at the MSC and the I129f was sent to the regional center (CSC, VSC, TSC, etc), which caused for the I129f being processed sooner as it's supposed to be. As I understand it, they used to not be processed at the same time, but now that they are all at the same centr it appears that they are normally processed together. Really it's odd, because it would seem they are trying to eliminate the I129f as they aren't approving it until they process the I130. However, it seems the I130 is being processed quicker than pre-october change, not the I129f as the latter has normally been processed first. Maybe they are just giving people more choices, or they want people to use the I130 as there might be some unforeseen law that eliminates immigration based on fiancee (not married) relationships. It's also possible they are trying to be efficient, though that one is a little out there. :-)

Who knows.... Hope that answers your question...

[Yodrak 7]

mchina34,

You've got that backwards. I-130 was processed at the regional SCs and I-129f for spouse was processed at the NBC.

Yodrak

Supposedly, part of the new process the USCIS implemented in Oct. '06 was to streamline the I130/I129f and have them both sent to the same service center for processing. Prior to that the I130 was processed at the MSC and the I129f was sent to the regional center (CSC, VSC, TSC, etc), .....

[tiberonsuave 0]

The K-3 was created as a stop gap measure to reunite families while waiting for the immigrant visa to be approved. They used to take years. I'll bet that the K-3 will soon be obsolete.

T

[MissStacey 1]

They used to take longer than they do now?

I thought they used to give you a Greencard 10 minutes after you were married.

[Robor007 0]

They used to take longer than they do now?

I thought they used to give you a Greencard 10 minutes after you were married.

The K-3 is a non-immigrant visa. You don't get a green card with it. The CR-1/IR-1 are immigrant visas and you get a green card. I don't know if they are actually included along with the visa or if it's one of those things you get in the mail or have to apply for later.

[mchina34 0]

mchina34,

You've got that backwards. I-130 was processed at the regional SCs and I-129f for spouse was processed at the NBC.

Yodrak

Supposedly, part of the new process the USCIS implemented in Oct. '06 was to streamline the I130/I129f and have them both sent to the same service center for processing. Prior to that the I130 was processed at the MSC and the I129f was sent to the regional center (CSC, VSC, TSC, etc), .....

Oh, yeah, what the heck was I thinking. Apparently I wasn't.

[orimai 2]

They are 2 separate petitions, but you can't do the I-129F for a K3 without first having the I-130 sent in. It is government paperwork reduction policies in action!

If the I-129F is approved, the beneficiary (foreign spouse) should be receiving a package in the mail in a few weeks from the consulate. Complete the checklist and medical exam, send it all back to the consulate and they'll schedule your interview. And yes, this part will include the affidavit of support form I-134, that your spouse/sponsor will need to complete and send to you.

Congratulations, you're almost home!

Oh really? I thought it was like the CR1, in that she will have her medical just before the interview. So for sure then she will do all that before she is even granted an interview for K3? Is there a difference in "wait time" for K3 vs CR1 interview?

Orimai

[tiberonsuave 0]

Yes, when I started this journey in 2001 it was typical to have to wait in excess of two years for an I-130 (Texas Service Center) to be processed. The purpose of the K-3 was to allow you spouse to wait by your side here in the good old USA while the I-130 was being processed.

Now that INS-BCIS-USCIS is working so much more efficiently...the need for the K-3 seems questionable to me.

t

They used to take longer than they do now?

I thought they used to give you a Greencard 10 minutes after you were married.

[Reba 2]

Oh really? I thought it was like the CR1, in that she will have her medical just before the interview. So for sure then she will do all that before she is even granted an interview for K3? Is there a difference in "wait time" for K3 vs CR1 interview?

Orimai

check the processing times at your consulate.

[orimai 2]

Oh really? I thought it was like the CR1, in that she will have her medical just before the interview. So for sure then she will do all that before she is even granted an interview for K3? Is there a difference in "wait time" for K3 vs CR1 interview?

Orimai

check the processing times at your consulate.

Yeah, guess I will do that and not depend on the flowchart at VJ huh?

Orimai