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i129f k3 spouse petition at post, please help!

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Filed: IR-1/CR-1 Visa Country: Yemen
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Hello everyone,

I need some advice and help.

I applied for i130 and i129f in Jan 2015. In Dec 2015, both were approved same day. Since then, I been calling NVC in regards to i130 which they havent received. Come to find out it was routed to NRC and USCIS did request file back so its on its way back from NRC to USCIS as we speak.
Today, i received an e mail from US Embassy in Algiers that our non-immigrant petition (129f for k3 spouse visa) is at embassy in Algeria. In that e mail, attached were instructions for k3 as well as approved physicians for medical and link for ds 160 application.

If I proceed with the i129f what will happen when my i 130 gets to NVC in weeks or a month. Would that cause any problems for me or my husband with the i129f?

I called NVC and got my case number and Inv. Id # for i129f. Not sure what to do with them? is it same as i130? i.e. choosing an agent, paying fees, etc. I have not been researching i 129f procedures since most people say that they are rarely granted. Since our petition is in Algeria now, should i follow through with it and the i130 would be dismissed upon arrival at NVC? So confused

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Do you want to wait for the I-130 or do you want to chase the K3 even though that means an adjustment of status to get your green card?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Yemen
Timeline

I miss my husband so the fact that we can get it done faster through the k3 route sounds better to me considering that its already in Algiers and ready to be scheduled for an interview. However, in the long run, the i130 is so much simpler because there will be no need for adjustment of status and no extra fees incurred. Its just having to wait until it gets from NRC to USCIS then from USCIS to NVC which would take at least 1 month. Then, again waiting for it to be sent to Embassy in Algeria. What do you all suggest I should do?

On my approval notice for i129F it states valid from 12/15/15-04/14/2016. Whats that about? Would I need to set an interview date with US Embassy in Algiers before 4/14/16?

Any opinions on this? Id appreciate it :)

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Filed: IR-1/CR-1 Visa Country: Yemen
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Do you want to wait for the I-130 or do you want to chase the K3 even though that means an adjustment of status to get your green card?

how complicated is it going to be if i go k3 route once he arrives in the states? I mean what all would need to be done; would i have to file an i130 again, or show proof that i130 was approved and continue on or what exactly?

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If you look at the AOS guide for the K1 it is almost identical. You do not need to file an I-130 again or AP (K3 is multi use visa for 2 years.) But the AOS is $1070. And obviously he wont have a green card and will need an EAD to work (which is free to file with the AOS.)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Yemen
Timeline

If you look at the AOS guide for the K1 it is almost identical. You do not need to file an I-130 again or AP (K3 is multi use visa for 2 years.) But the AOS is $1070. And obviously he wont have a green card and will need an EAD to work (which is free to file with the AOS.)

Thank you. I will have a look at AOS guide for K1 visa and study it. The $1070, i know is costly, but thats less than a flight ticket these days. Thanks again for all your help :) I appreciate it.

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You have to consider all the costs. He won't be able to work for 3 months. You'll be losing that income he could be making. Plus you still have to pay for the non-immigrant visa and the medical etc...

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Yemen
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True. But apart of me says it's worth it if I get to be with him. Those 3 months he won't work can be like a mini honeymoon that we never got to have. At the comfort of having him here with me in the states.

As far as medical and visa fee,,,, both fees r required whether it's for k3 or i130, if I'm not mistaken.

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Does he currently work? I know a lot of people go absolutely crazy when they can't work, can't drive, can't do anything without their spouse's help essentially. Me included. I'm just suggesting that you guys talk it over. Be really honest. He will be stuck at home and while being together is cool and nice, it wears off quickly when someone is dependent on the other. For some people, this is REALLY hard to deal with. Even if they think it will be okay. I read all the time on the board about people who wished they'd done the CR1 route because of the waiting period after arriving to be able to actually start their new lives.

Yes medical is needed for both the K3 and the CR1 (I-130 is just a petition and is needed for both visa paths.)

Another thing to think of is how long it takes to citizenship. Because he'd have to adjust status that can take from 4months to over a year once you start that process in the USA.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Jamaica
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I'm my opinion I would just go ahead with the K-3. If it's going to at least get my husband here the fastest. We would have to deal with the I-130 approval when it comes in. Just my opinion

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  • 1 month later...
Filed: K-3 Visa Country: Ghana
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Everything is easier and better if you get him here first and do the necessary adjustment. I wouldn't wait for i130 because everything is unpredictable with this immigration thing.

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