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rarankin

I-129F Instructions: Provide form I-130 as evidence?

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Good morning all,

 

I am new to Visa Journey and this is my first post, so my sincere apologies if this question as been asked, I can't seem to find any reference of it.  I am American, and my fiance is English, and we're starting the petition process to get him to the US. 

 

We are currently working on the I-129F form (Petition for Alien Fiance).  We're looking at the instruction guide on the USCIS site (https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1) and getting everything in order for the 'What Evidence Must You Submit" section. 1-8 is fine, but I am held up by item number 9 (pg 12), which states:  Evidence for Petitions to Classify a Spouse as a K-3 Nonimmigrant
In addition to the evidence described in Items 1. - 5. above, you must submit:
A. Form I-130. Submit evidence that you filed Form I-130 on behalf of your beneficiary; and
B. Marriage Certificate. Submit a marriage certificate, issued by the appropriate civil authority, showing your valid
marriage to the beneficiary.

 

I was under the impression you could not file the I-130 until we were married.  We certainly can't provide a marriage certificate yet as we haven't been married yet. So, in your experience,  how do we fulfill this requirement? Isn't the purpose of filing the I-129F to petition to allow my fiance and I to get married in the US? Am I reading this incorrectly and don't need to worry about #9? 

 

My first impression is that I need to do 1-8 now, and then 9 after we are married, but as that isn't explicitly stated I don't want to do it wrong. 

 

Any advice and guidance will be greatly appreciated.

 

Many thanks

I-129F Section 9 Evidence for Petitions to Classify a Spouse as a K-3 Nonimmigrant.JPG

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The K3 is an old not much approved visa. Normally those that file for it have the 130 admin closed and just get a k-1. Don't bother with it. Just file for the 129f and you will be fine.  Just follow the guide at the top for the 129f and you will be fine.

Edited by G Walters

 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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4 minutes ago, rarankin said:

Good morning all,

 

I am new to Visa Journey and this is my first post, so my sincere apologies if this question as been asked, I can't seem to find any reference of it.  I am American, and my fiance is English, and we're starting the petition process to get him to the US. 

 

We are currently working on the I-129F form (Petition for Alien Fiance).  We're looking at the instruction guide on the USCIS site (https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1) and getting everything in order for the 'What Evidence Must You Submit" section. 1-8 is fine, but I am held up by item number 9 (pg 12), which states:  Evidence for Petitions to Classify a Spouse as a K-3 Nonimmigrant
In addition to the evidence described in Items 1. - 5. above, you must submit:
A. Form I-130. Submit evidence that you filed Form I-130 on behalf of your beneficiary; and
B. Marriage Certificate. Submit a marriage certificate, issued by the appropriate civil authority, showing your valid
marriage to the beneficiary.

 

I was under the impression you could not file the I-130 until we were married.  We certainly can't provide a marriage certificate yet as we haven't been married yet. So, in your experience,  how do we fulfill this requirement? Isn't the purpose of filing the I-129F to petition to allow my fiance and I to get married in the US? Am I reading this incorrectly and don't need to worry about #9? 

 

My first impression is that I need to do 1-8 now, and then 9 after we are married, but as that isn't explicitly stated I don't want to do it wrong. 

 

Any advice and guidance will be greatly appreciated.

 

Many thanks

I-129F Section 9 Evidence for Petitions to Classify a Spouse as a K-3 Nonimmigrant.JPG

Look what I highlighted. This does not apply to you. You are applying for a K1 visa not a K3 visa which is essentially obsolete. So everything in 9. "Evidence for Petitions to Classify a Spouse as a K-3 Nonimmigrant" does not apply.

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Filed: AOS (apr) Country: Philippines
Timeline

Like above, K-3 is obsolete almost and it's for spouses not fiances.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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This section does not apply to your fiancé visa situation. The instructions on VJ give you a good overview of what to provide with your application. http://www.visajourney.com/content/k1guide

 

After you marry the I-130 won't apply to you either, because you will file for adjustment of status then, which will be completely different forms.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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