I-129F and the I-130 Contradictions and Questions

[Andy F. 0]

Hello everyone:

I am from Ohio, and I have lived in Mexico for over 9 months. My wife and I got married here on the 29th of January. In February, we submitted our I-130 Petition for an Alien Relative. Since then, I have seen a growing number of contradictions that have led me to believe that we made a mistake, and that we should have also sent in an I-129F as well. However, I have seen information that contradicts one another. For example, the guides on this website lead me to beleive I need to submit both, whereas these USCIS forms linked below describe the I-130 process without even mentioning the I-129F. If anyone can clear this issue up for me I would appreciate it greatly.

I realize both of these forms don't apply to our situation, but the 2nd one does talk briefly about our process. These two links lead me to believe that we did the right thing and have nothing to worry about. Other sources are giving me a heart attack thinking we totally screwed it up. I plan on calling the USCIS after I get our case number in the letter saying they received our packet in Nebraska.

USCIC Info Links:

http://www.uscis.gov/files/article/A1.pdf

http://www.uscis.gov/files/article/A2.pdf

Thank you in advance for any help and advice you can give me.

Andy F.

[Niels Bohr 72]

There are two entry methods into immigrating your spouse to the US, and have her remain here permanently. They are through the K-3 Visa process or CR1 Visa process.

The CR1 Visa process will only require FORM I-130. When the petition is approved, and the interview is a success the Embassy will issue a VISA called the CR1 for your spouse to legally migrate to the USA. Your spouse will not need to file for EAD (Employment Authorization) with the CR1. If you are married within the USA before the petition process, your spouse will need to go back to her country of residence pending the CR1.

The K-3 requires you to file both the I-130, and I-129F form. It is a faster process compared to CR1, however, it will require you to file for Employment Authorization upon entering the USA in order to legally work here.

In your case, Andy, you didn't make a mistake. You decide to just file I-130 which is perfectly legit. The CR1 process can take a little longer compared to K-3, but it will allow for you wife to work legally in the USA once she gets the VISA.

[aussiewench 9]

Andy

What stage is your I-130 at? The reason I ask is because the wait times for immigrant visa interviews in Juarez once they receive the case from NVC, were at approx. 12 months the last I knew. Where as interviews for the K-3 visa are much much quicker in being scheduled. Someone please correct me if this has changed recently. This being the case and you have fairly recently filed the I-130, it may pay you to also file the I-129F. You can slow the process right down at NVC stage for the immigrant visa if need be.

[tiberonsuave 0]

It also seems that by paying for the K-3 you will get your I-130 approved concurrently. Sounds like blackmail to me. Then they ASSUME for you that you wish to use the K-3 and pay more. You will have to decide whether the chance of an expedited I-130 is worth the additional money and risk.

t

[Andy F. 0]

There are two entry methods into immigrating your spouse to the US, and have her remain here permanently. They are through the K-3 Visa process or CR1 Visa process.

The CR1 Visa process will only require FORM I-130. When the petition is approved, and the interview is a success the Embassy will issue a VISA called the CR1 for your spouse to legally migrate to the USA. Your spouse will not need to file for EAD (Employment Authorization) with the CR1. If you are married within the USA before the petition process, your spouse will need to go back to her country of residence pending the CR1.

The K-3 requires you to file both the I-130, and I-129F form. It is a faster process compared to CR1, however, it will require you to file for Employment Authorization upon entering the USA in order to legally work here.

In your case, Andy, you didn't make a mistake. You decide to just file I-130 which is perfectly legit. The CR1 process can take a little longer compared to K-3, but it will allow for you wife to work legally in the USA once she gets the VISA.

First off, thanks for the replies. I can immediately see the amazing benifits of this forum, and I'm happy to be a part of it now.

Alright...I am applying for the K-3 visa for my wife. We currently live here in Mexico and plan to until we go for her interview in Juarez. So there is no chance of us marrying in the US before then. When I prepared the I-130 packet, I was sure I was doing all I needed to do at the time. And I even put "K-3" on the G-325's for my wife in the required space. Since my wife will not immediately be able to work (due to her learning English), I think the K-3 is our best route. But I am still cloudy on the issue. Originally, I ignored the I-129F form due to it's title. We are already married, so I could not make sense of submitting it or even reading it entirely. Since then, I have realized that it's title is outdated due to the LIFE Act. Am I understanding this correctly?

In addition, I have also noticed that a lot of you submit your I-129F's after getting an NOA on the I-130. Does that mean I still did not screw up? I take it that I did nothing wrong, but I need to get to work on the I-129F right away? Am I right in this assumption?

An additional question:

This concerns the I-864 Affedavit of Support. I am unemployed, but currently looking for a job here in Cancun. I have been unemployed for months. What is the deal with the I-864 for people like me? Yet again, I see contradictions between documentation concerning this. If I have to do it, which agency needs it? The USCIS, Ciudad Juarez, NVC, or who? And when? I am thoroughly confused on this form, let alone the fact that we will be needing a co-sponor to file one as well. Any help in this area would be greatly appreciated.

Thank you all very much,

Andy F.

[TimsDaisy 0]

It also seems that by paying for the K-3 you will get your I-130 approved concurrently. Sounds like blackmail to me. Then they ASSUME for you that you wish to use the K-3 and pay more. You will have to decide whether the chance of an expedited I-130 is worth the additional money and risk.

t

"blackmail" is hardly an appropriate term. perhaps you mean extortion?

either way, i think that's a bit dramatic.

from my understanding of the law, the K3 was created as way to ease the longer waits for spouses - and as you can see from aussiewench's post, the difference in processing time in some countries can be great.

the k3, like the k1, is technically a non-immigrant visa, but because of what you're allowed to do with it, it becomes a short (and i use that term relatively) cut for spouses to enter the country.

[Niels Bohr 72]

First off, thanks for the replies. I can immediately see the amazing benifits of this forum, and I'm happy to be a part of it now.

...Since then, I have realized that it's title is outdated due to the LIFE Act. Am I understanding this correctly?

In addition, I have also noticed that a lot of you submit your I-129F's after getting an NOA on the I-130. Does that mean I still did not screw up? I take it that I did nothing wrong, but I need to get to work on the I-129F right away? Am I right in this assumption?

An additional question:

This concerns the I-864 Affedavit of Support. I am unemployed, but currently looking for a job here in Cancun. I have been unemployed for months. What is the deal with the I-864 for people like me? Yet again, I see contradictions between documentation concerning this. If I have to do it, which agency needs it? The USCIS, Ciudad Juarez, NVC, or who? And when? I am thoroughly confused on this form, let alone the fact that we will be needing a co-sponor to file one as well. Any help in this area would be greatly appreciated

Your welcome Andy. Everyone here is very helpful. We try to help wherever we can. Yes, you are correct, the Life Act will apply to you. And, you need to receive your I-797C NOA before you could file I-129F. Once you receive that notice, make a copy then mail it in with your I-129F. You also need to mail in a copy of the marriage certificate, your proof of citizenship, form g-325a for you and wife, one passport photo of you and wife, and a copy of I-797C form.

The I-864 only applies if you're applying for the CR1 Visa. If you're going for the K-3, you will need to file I-134 Affadavit of Support not I-864. However, you will be given that form when the time comes. You may submit more than one I-134 if you like. In order to submit the I-134, you must also meet the 125% Federal Poverty Guidelines or else you will not qualify as a sponser.

[mendeleev 68]

OP states that he has been unemployed in Cancun for awhile, which seems to raise the prospect that OP may not have income in excess of the 125% requirement. This is a problem, but not an unsurrmountable one. If one can convince a person in the US to cosponsor the beneficiary (the OP's Mexican wife in this case) and the cosponsor has income meeting 125% for the cosponsor (and the petitioner and beneficiary) then the income requirements can be met. There are lots of folks here who are working that angle, and who know a lot more about it than I do. But I hope OP does not get unnecessarily afraid of the income requirements associated with I-864 or I-134.

[Andy F. 0]

First off, thanks for the replies. I can immediately see the amazing benifits of this forum, and I'm happy to be a part of it now.

...Since then, I have realized that it's title is outdated due to the LIFE Act. Am I understanding this correctly?

In addition, I have also noticed that a lot of you submit your I-129F's after getting an NOA on the I-130. Does that mean I still did not screw up? I take it that I did nothing wrong, but I need to get to work on the I-129F right away? Am I right in this assumption?

An additional question:

This concerns the I-864 Affedavit of Support. I am unemployed, but currently looking for a job here in Cancun. I have been unemployed for months. What is the deal with the I-864 for people like me? Yet again, I see contradictions between documentation concerning this. If I have to do it, which agency needs it? The USCIS, Ciudad Juarez, NVC, or who? And when? I am thoroughly confused on this form, let alone the fact that we will be needing a co-sponor to file one as well. Any help in this area would be greatly appreciated

Your welcome Andy. Everyone here is very helpful. We try to help wherever we can. Yes, you are correct, the Life Act will apply to you. And, you need to receive your I-797C NOA before you could file I-129F. Once you receive that notice, make a copy then mail it in with your I-129F. You also need to mail in a copy of the marriage certificate, your proof of citizenship, form g-325a for you and wife, one passport photo of you and wife, and a copy of I-797C form.

The I-864 only applies if you're applying for the CR1 Visa. If you're going for the K-3, you will need to file I-134 Affadavit of Support not I-864. However, you will be given that form when the time comes. You may submit more than one I-134 if you like. In order to submit the I-134, you must also meet the 125% Federal Poverty Guidelines or else you will not qualify as a sponser.

This is amazingly helpful information. If I may, please let me make sure I understand this 100% (if that is possible ).

Is the I-797C NOA what I will get from submitting the I-130 petition?

Once I have it, I copy it and send the copy with a completed I-129F to Chicago?

The supporting documentation should not be a problem at all (marriage certificate, etc). I take it that the copy has to be officially translated again?

Do the G-325As need to be originals again, even though I already submitted all of that information with the I-130?

Alright, since I will be filing the I-134 instead of the I-864, this question may make more sense. My specific situation dictates that I have to have a co-sponsor, AKA I'm unemployed. They would look at my affedavit and laugh. So my mother will be filing an additional form I-134 as my wife's co-sponsor. However, do I still need to file a I-134 myself, or does my ineligibility automatically negate me filling out the form? I have read before that even if the "petitioner" doesn't meet the federal income guidelines, they still have to be the principal affedavit sponsor with a co-spnsor filling in the financial gap.

In other words, do I (myself) even need to file a I-134, or will my mother's be the only one they ask for upon finding out I am unemployed and/or WAY below the income guidelines? Can you give a definitive answer on this?

I realize I am probably thinking ahead of myself, but this process has turned out to be way more daunting than I ever anticipated when I moved to Mexico to live. I just want to make sure I am doing everything right so I don't have to do it twice. Thanks again!

[Niels Bohr 72]

Is the I-797C NOA what I will get from submitting the I-130 petition?

Yes, you will be receiving a few days after your submission of I-130.

Once I have it, I copy it and send the copy with a completed I-129F to Chicago?

Yes, you will copy it and sent it with I-129F to Chicago because that's where the K-Visas are sent.

Do the G-325As need to be originals again, even though I already submitted all of that information with the I-130?

Yes, the G-325As must be original with original signatures and at the bottom box where it asks for what it's used for. Select other, and write I-129F.

...However, do I still need to file a I-134 myself, or does my ineligibility automatically negate me filling out the form?

No. If you don't qualify as a sponser yourself you would not fill that form.

One last thing, the I-134 will be dealt with near the end of the petition process. So you have plenty of preparations.

Good luck!

Edited March 13, 2007 by consolemaster

[Andy F. 0]

Is the I-797C NOA what I will get from submitting the I-130 petition?

Yes, you will be receiving a few days after your submission of I-130.

Once I have it, I copy it and send the copy with a completed I-129F to Chicago?

Yes, you will copy it and sent it with I-129F to Chicago because that's where the K-Visas are sent.

Do the G-325As need to be originals again, even though I already submitted all of that information with the I-130?

Yes, the G-325As must be original with original signatures and at the bottom box where it asks for what it's used for. Select other, and write I-129F.

...However, do I still need to file a I-134 myself, or does my ineligibility automatically negate me filling out the form?

No. If you don't qualify as a sponser yourself you would not fill that form.

This is awesome. I can't say it enough: Thank you! We filed our I-130 petition at the end of February. Today marked the two week mark of the USCIS receiving it. In my cover letter, I asked that all correspondence be sent to my US mailing address due to the unreliablity of mail in Cancun. Since my "address" on the forms was currently here in Cancun (and much of my supporting documentation being dependent on my wife and I living together), I was afraid they would try to send us information at the Cancun address. If this happens, there is a great chance it will not get here. The I-130 packet was sent from Ohio, and my letter requested use of my Ohio mailing address. Should I still be afraid of them sending me something in Mexico and me never being aware of it?

I already downloaded all of these forms and will get started right away on the I-129F. Sometime soon, I will update my timeline on here to make it public. Thanks again!

Andy F.

[Niels Bohr 72]

When they send you Choice of Agent form. You can designate your residential address in Ohio as your primary correspondance or mailing address. They will know where to send. I don't know if they will accommodate your message regards to your mailing, but, you can only hope they will do it. However, you will get the form that will ask for Choice of Agent. Within that, just designate your primary mailing address. It will be mailed to you near the final stage of approval.

[Andy F. 0]

When they send you Choice of Agent form. You can designate your residential address in Ohio as your primary correspondance or mailing address. They will know where to send. I don't know if they will accommodate your message regards to your mailing, but, you can only hope they will do it. However, you will get the form that will ask for Choice of Agent. Within that, just designate your primary mailing address. It will be mailed to you near the final stage of approval.

Awesome. Could you recommend a maximum time I should wait without receiving a notification of them receiving it before I should call the USCIS and inquire as to which address they sent the confirmation to? I have heard that approximately 3 weeks is the normal wait time from them receiving it to them sending a confirmation letter with a case #. Is that more or less reasonable?

[Niels Bohr 72]

This link gives you an approximation of when you will get what.

Stats

[Andy F. 0]

This link gives you an approximation of when you will get what.

Stats

Oh wow. I always appreciate juicy links!

I think that's it for now. Thanks for all your help. I'm sure I will be back on these forms quite often. Unfortunately, I don't have internet here, and all my internet activity is in a cyber cafe. But when I get a job that should change. Peace out, and until next time.

Andy F.

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