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Filed: Timeline
Posted

Hello, my understanding is that once I-130 is approved, we have to pay a fee for affidavid of support and DS230.

If we go through with an interview at the embassy, is there additional fee at that time as well?

If we don't submit those forms/fees and give up on CR and enter on K-3, do we have to pay these fees anyway when we do AOS later?

If we pay the affidavid of support fee and DS230 but take the K3 and don't go through on CR, then do we pay less fees when we do AOS (so the overall fee paid for permanent residency would be the same whether we go through the consulate or AOS)?

I would be annoyed if they take these fees but won't credit us with them if we decide to do AOS later...

Thanks!

Posted

It kind of depends on whether you prefer the CR-1 or the K-3. When the bills come for the CR-1 - the AoS bill and the IV bill - then just don't pay them and everything will just "stand still" in regards to the I-130/CR-1.

The I-129F/K-3 will just keep "moving ahead".

Hello, my understanding is that once I-130 is approved, we have to pay a fee for affidavid of support and DS230.

If we go through with an interview at the embassy, is there additional fee at that time as well?

If we don't submit those forms/fees and give up on CR and enter on K-3, do we have to pay these fees anyway when we do AOS later?

If we pay the affidavid of support fee and DS230 but take the K3 and don't go through on CR, then do we pay less fees when we do AOS (so the overall fee paid for permanent residency would be the same whether we go through the consulate or AOS)?

I would be annoyed if they take these fees but won't credit us with them if we decide to do AOS later...

Thanks!

Filed: Timeline
Posted (edited)

alongjourney,

You do not have to pay the immigrant visa application fee or the affidavit of support processing fee to the NVC if you do not intend to pursue the immigrant visa.

If you do pay the immigrant visa fees and then abandon the immigrant visa processing, you don't get the fees refunded nor do the fees get credited to anything else such as adjustment of status. You paid the money, it's gone.

You make the choices, don't be annoyed with 'them' if you change your mind.

Yodrak

Hello, my understanding is that once I-130 is approved, we have to pay a fee for affidavid of support and DS230.

If we go through with an interview at the embassy, is there additional fee at that time as well?

If we don't submit those forms/fees and give up on CR and enter on K-3, do we have to pay these fees anyway when we do AOS later?

If we pay the affidavid of support fee and DS230 but take the K3 and don't go through on CR, then do we pay less fees when we do AOS (so the overall fee paid for permanent residency would be the same whether we go through the consulate or AOS)?

I would be annoyed if they take these fees but won't credit us with them if we decide to do AOS later...

Thanks!

Edited by Yodrak
Filed: Timeline
Posted
alongjourney,

You do not have to pay the immigrant visa application fee or the affidavit of support processing fee to the NVC if you do not intend to pursue the immigrant visa.

If you do pay the immigrant visa fees and then abandon the immigrant visa processing, you don't get the fees refunded nor do the fees get credited to anything else such as adjustment of status. You paid the money, it's gone.

You make the choices, don't be annoyed with 'them' if you change your mind.

Yodrak

Hello, my understanding is that once I-130 is approved, we have to pay a fee for affidavid of support and DS230.

If we go through with an interview at the embassy, is there additional fee at that time as well?

If we don't submit those forms/fees and give up on CR and enter on K-3, do we have to pay these fees anyway when we do AOS later?

If we pay the affidavid of support fee and DS230 but take the K3 and don't go through on CR, then do we pay less fees when we do AOS (so the overall fee paid for permanent residency would be the same whether we go through the consulate or AOS)?

I would be annoyed if they take these fees but won't credit us with them if we decide to do AOS later...

Thanks!

Okay, I was kind of thinking "Aff of Support/DS230/consulate interview" and "Adj of Status" as kind of a same thing, just that one happens outside the U.S. and another inside the U.S.

I guess it makes sense if I think of it as a completely different process with different fees attached to each (so by switching to K-3/Adj of Status, I abandon everything I did for consulat interview).

But don't we submit Affidavit of Support (which we would have paid 200 for if we haven't given the CR process before we get K-3) for Adj of Status also?

Are the fees:

If I go CR route

I-130 ($190)

I-864 ($200)

DS-230 (?)

consulate interview (?)

(in addition, medical check)

If I go K-3/AOS route

I-130 ($190)

I-129F ($170)

consulate nterview (?)

EAD I-765 ($180)

AOS I-485 ($325)

Biometrics ($70)

(medical check for K-3, medical check/immunization for AOS)

Does this seem accurate (knowing that the fees may go up substantially in the near future). If you can correct mistakes or fill in (?)s with actual numbers that would be great. Thank you!

Filed: Timeline
Posted

alongjourney,

They are completely different processes, and two different government agencies involved - one with some of the processes and another with the other processes.

The DoS charges $70 for processing I-864 for immigrant visas. The USCIS does not charge a fee for processing I-864 for adjustment of status.

Yodrak

Okay, I was kind of thinking "Aff of Support/DS230/consulate interview" and "Adj of Status" as kind of a same thing, just that one happens outside the U.S. and another inside the U.S.

I guess it makes sense if I think of it as a completely different process with different fees attached to each (so by switching to K-3/Adj of Status, I abandon everything I did for consulat interview).

But don't we submit Affidavit of Support (which we would have paid 200 for if we haven't given the CR process before we get K-3) for Adj of Status also?

.....

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
alongjourney,

You do not have to pay the immigrant visa application fee or the affidavit of support processing fee to the NVC if you do not intend to pursue the immigrant visa.

If you do pay the immigrant visa fees and then abandon the immigrant visa processing, you don't get the fees refunded nor do the fees get credited to anything else such as adjustment of status. You paid the money, it's gone.

You make the choices, don't be annoyed with 'them' if you change your mind.

Yodrak

Hello, my understanding is that once I-130 is approved, we have to pay a fee for affidavid of support and DS230.

If we go through with an interview at the embassy, is there additional fee at that time as well?

If we don't submit those forms/fees and give up on CR and enter on K-3, do we have to pay these fees anyway when we do AOS later?

If we pay the affidavid of support fee and DS230 but take the K3 and don't go through on CR, then do we pay less fees when we do AOS (so the overall fee paid for permanent residency would be the same whether we go through the consulate or AOS)?

I would be annoyed if they take these fees but won't credit us with them if we decide to do AOS later...

Thanks!

I'm still annoyed with them even if I "make the choice" because in my opinion the process is rigged. There's a couple different paths, but there's really no way to tell if one of these paths will suddenly stop for several months or more, so most people that really want to see their spouses feel the only safe thing is to pursue both paths. So yes, we can "choose" to either pay more money or take the risk and follow only one path. So for me, I feel like I need to pursue every avenue I can because what may happen during this process seems very random and unpredictable.

Wife's visa journey:

03/19/07: Initial mailing of I-129F.

07/07/11: U.S. Citizenship approved and Oath Ceremony!

MIL's visa journey:

07/26/11: Initial mailing of I-130.

05/22/12: Interview passed!

Filed: Timeline
Posted
alongjourney,

You do not have to pay the immigrant visa application fee or the affidavit of support processing fee to the NVC if you do not intend to pursue the immigrant visa.

If you do pay the immigrant visa fees and then abandon the immigrant visa processing, you don't get the fees refunded nor do the fees get credited to anything else such as adjustment of status. You paid the money, it's gone.

You make the choices, don't be annoyed with 'them' if you change your mind.

Yodrak

Hello, my understanding is that once I-130 is approved, we have to pay a fee for affidavid of support and DS230.

If we go through with an interview at the embassy, is there additional fee at that time as well?

If we don't submit those forms/fees and give up on CR and enter on K-3, do we have to pay these fees anyway when we do AOS later?

If we pay the affidavid of support fee and DS230 but take the K3 and don't go through on CR, then do we pay less fees when we do AOS (so the overall fee paid for permanent residency would be the same whether we go through the consulate or AOS)?

I would be annoyed if they take these fees but won't credit us with them if we decide to do AOS later...

Thanks!

I'm still annoyed with them even if I "make the choice" because in my opinion the process is rigged. There's a couple different paths, but there's really no way to tell if one of these paths will suddenly stop for several months or more, so most people that really want to see their spouses feel the only safe thing is to pursue both paths. So yes, we can "choose" to either pay more money or take the risk and follow only one path. So for me, I feel like I need to pursue every avenue I can because what may happen during this process seems very random and unpredictable.

Thank you, LvivLovers, for being so articulate in describing our situation (and frustrations!)!!

Filed: Timeline
Posted

LvivLovers and alongjourney,

People complained because they thought the path they had was unfair, it took too long, so a few years ago Congress gave them a second choice. Now that there are 2 choices, people are complaining that they can't make up their mind which they want so they are 'forced' to follow and pay for both. No way to satisfy the 'I want it all and I want it now' mentality.

Pick one or the other or follow both. Either way, it's your choice. If you don't want a choice, start petitioning Congress to take it away.

Yodrak

I'm still annoyed with them even if I "make the choice" because in my opinion the process is rigged. There's a couple different paths, but there's really no way to tell if one of these paths will suddenly stop for several months or more, so most people that really want to see their spouses feel the only safe thing is to pursue both paths. So yes, we can "choose" to either pay more money or take the risk and follow only one path. So for me, I feel like I need to pursue every avenue I can because what may happen during this process seems very random and unpredictable.

Thank you, LvivLovers, for being so articulate in describing our situation (and frustrations!)!!

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted (edited)
LvivLovers and alongjourney,

People complained because they thought the path they had was unfair, it took too long, so a few years ago Congress gave them a second choice. Now that there are 2 choices, people are complaining that they can't make up their mind which they want so they are 'forced' to follow and pay for both. No way to satisfy the 'I want it all and I want it now' mentality.

Pick one or the other or follow both. Either way, it's your choice. If you don't want a choice, start petitioning Congress to take it away.

Yodrak

I'm still annoyed with them even if I "make the choice" because in my opinion the process is rigged. There's a couple different paths, but there's really no way to tell if one of these paths will suddenly stop for several months or more, so most people that really want to see their spouses feel the only safe thing is to pursue both paths. So yes, we can "choose" to either pay more money or take the risk and follow only one path. So for me, I feel like I need to pursue every avenue I can because what may happen during this process seems very random and unpredictable.

Thank you, LvivLovers, for being so articulate in describing our situation (and frustrations!)!!

Well, of course it's better to have a choice, so we don't want it taken away. Don't get me wrong, it's a step in the right direction. It's better to have a second chance to be reunited with your loved one using an I-129F than to not have that chance at all, because as many of us know an I-130 can get stuck for 6 months, a year, whatever...no one knows. But I don't see why they need to have different forms with different fees when each form seems to ask pretty much the exact same information. And I don't understand why getting an IR-1/CR-1 at an embassy in my spouse's country requires completely different forms and fees than doing the same thing here in the US. So choice or not, it seems frustrating and unnecessary to have so many almost identical forms that each require their own fees. I'm convinced I, or someone else, could design a new form and process in less than a week that's much better than what we are being forced to use.

So I guess overall, adding the K3/AOS path....it's better...but it's still not good.

Edited by LvivLovers

Wife's visa journey:

03/19/07: Initial mailing of I-129F.

07/07/11: U.S. Citizenship approved and Oath Ceremony!

MIL's visa journey:

07/26/11: Initial mailing of I-130.

05/22/12: Interview passed!

Filed: Timeline
Posted

LvivLovers,

Well, of course it's better to have a choice, so we don't want it taken away. Don't get me wrong, it's a step in the right direction. It's better to have a second chance to be reunited with your loved one using an I-129F than to not have that chance at all, because as many of us know an I-130 can get stuck for 6 months, a year, whatever...no one knows.

Thanks for taking my post in the way that I meant it, non-confrontational. As some people can tell you, I-129f petitions can also "get stuck". The numbers of petitions are large, even a very small percentage of USCIS screw-ups will produce a noticable number of problems.

But I don't see why they need to have different forms with different fees when each form seems to ask pretty much the exact same information. And I don't understand why getting an IR-1/CR-1 at an embassy in my spouse's country requires completely different forms and fees than doing the same thing here in the US. So choice or not, it seems frustrating and unnecessary to have so many almost identical forms that each require their own fees. I'm convinced I, or someone else, could design a new form and process in less than a week that's much better than what we are being forced to use.

So I guess overall, adding the K3/AOS path....it's better...but it's still not good.

Your arguement has some validity, but perhaps not in the way that you are thinking. Petitions and adjustment applications are processed by USCIS in the USA. USCIS does not process visa applications. Visa applications are processed overseas by the DoS, which does not process adjustment of status applications. An immigrant visa application in a foreign country is not the same thing as an adjustment of status application here in the USA, even though both result in the applicant obtaining LPR status. So ultimately there's no way that immigrant visas and adjustment of status applications can be handled with the same set of paperwork. (I'm amazed that DOS uses USCIS affidavit of support forms, especially the I-134 form that USCIS continues to maintain but hasn't had any use for for almost 10 years!)

What is quite true is that the immigration system could be simpler and better coordinated. (As could the tax system and any number of other government creations). As a practical matter, unfortunately, it's far easier to modify and patch an existing system than it is to abandon an existing system and start over from scratch when an upgrade is needed. Especially when it's every few years that a change is deemed necessary. So even though patching and modifying eventually creates a Rube Goldberg machine, that's the way things are going to be I'm afraid.

Agreed - still not good - but the biggest 'problem' with the choice today is that the USCIS has become so much better at processing I-130 than it was before the K3 was created. That should be some consolation?

Yodrak

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
LvivLovers,
Well, of course it's better to have a choice, so we don't want it taken away. Don't get me wrong, it's a step in the right direction. It's better to have a second chance to be reunited with your loved one using an I-129F than to not have that chance at all, because as many of us know an I-130 can get stuck for 6 months, a year, whatever...no one knows.

Thanks for taking my post in the way that I meant it, non-confrontational. As some people can tell you, I-129f petitions can also "get stuck". The numbers of petitions are large, even a very small percentage of USCIS screw-ups will produce a noticable number of problems.

But I don't see why they need to have different forms with different fees when each form seems to ask pretty much the exact same information. And I don't understand why getting an IR-1/CR-1 at an embassy in my spouse's country requires completely different forms and fees than doing the same thing here in the US. So choice or not, it seems frustrating and unnecessary to have so many almost identical forms that each require their own fees. I'm convinced I, or someone else, could design a new form and process in less than a week that's much better than what we are being forced to use.

So I guess overall, adding the K3/AOS path....it's better...but it's still not good.

Your arguement has some validity, but perhaps not in the way that you are thinking. Petitions and adjustment applications are processed by USCIS in the USA. USCIS does not process visa applications. Visa applications are processed overseas by the DoS, which does not process adjustment of status applications. An immigrant visa application in a foreign country is not the same thing as an adjustment of status application here in the USA, even though both result in the applicant obtaining LPR status. So ultimately there's no way that immigrant visas and adjustment of status applications can be handled with the same set of paperwork. (I'm amazed that DOS uses USCIS affidavit of support forms, especially the I-134 form that USCIS continues to maintain but hasn't had any use for for almost 10 years!)

What is quite true is that the immigration system could be simpler and better coordinated. (As could the tax system and any number of other government creations). As a practical matter, unfortunately, it's far easier to modify and patch an existing system than it is to abandon an existing system and start over from scratch when an upgrade is needed. Especially when it's every few years that a change is deemed necessary. So even though patching and modifying eventually creates a Rube Goldberg machine, that's the way things are going to be I'm afraid.

Agreed - still not good - but the biggest 'problem' with the choice today is that the USCIS has become so much better at processing I-130 than it was before the K3 was created. That should be some consolation?

Yodrak

Good post, Yodrak. I guess when you compare this to our bloated tax system it's not as bad by comparison! haha I guess that's what I'm really wanting...just a complete overhaul of the immigration system. Of course, I want the same thing with our tax system too. It's frustrating that it seems no matter which path you take there are gotchas. But yes...you're totally correct...it's wonderful that the I-130 process is going quicker these days, and I'm glad we have the K3 too. Without that I would have had to move to Ukraine, because I couldn't be apart from my wife so long. I'm planning on pursuing both of these paths by the way, hoping for the IR-1/CR-1, but using the K3 as my backup plan. I even tried "clearly indicating" that I'm pursing the consular option on the I-130, but I've yet to see if that will have any effect or not. I'm sure that eventually they'll continue to make improvements to this process...I just wish we had them now. Anyway...thanks for the posts...I think it's good discussion.

Wife's visa journey:

03/19/07: Initial mailing of I-129F.

07/07/11: U.S. Citizenship approved and Oath Ceremony!

MIL's visa journey:

07/26/11: Initial mailing of I-130.

05/22/12: Interview passed!

 
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