Back to the basics

[Maju 3]

I think I might get in trouble for asking such simple questions...But.

Are these statments correct?

The I-130 is a petition to establish the relationship to a relative. Once it is approved and the relationship is reconized, the relative can apply for adjustment of status to a permanent resident.

You can apply for the I-129f which is a temporary visa allowing your spouse or fiancee into the country while the I-130 is being processed.

If the I-130 is approved before the I-129F. Then the temp. visa is no longer needed, unless you want your spouse or fiancee to come in to the country sooner.

[mendeleev 68]

This will probably be an incomplete reply.

The I-129f is not a visa -- it is a petition that, if approved, allows a beneficiary who is a spouse or fiance of a US Citizen to apply for a visa. If the visa is granted and the beneficiary enters the USA, (and marries the petitioner if the beneficiary enters as a fiance) the beneficiary may subsequently apply to adjust status to permanent residency. If this is not done properly, the beneficiary may eventually need to leave the USA permanently.

The I-130 is not a visa -- it is a petition that, if approved, allows a beneficiary, who is an immediate relative of the petitioner, to apply for a visa that, if granted, confers permanent residency on the beneficiary when the beneficiary enters the USA. There is no need to apply to adjust status but if the beneficiary enters as a spouse who has been married to the petitioner for less than two years when the beneficiary enters the USA, then the beneficiary must apply to have conditions of permanent residency lifted.

When a I-130 and a I-129f are submitted close in time to each other, they will be adjudicated at the same USCIS Service Center. If the petitions are approved, USCIS will forward the approved I-129f to the State Department and will retain the I-130. This procedure is new and not so much is known about it in practice. One could file another form (I'm sorry: I'm very tired and cannot remember its number) to direct USCIS to send the approved I-130 to the State Department for further processing, but this process costs $200 and several months. In practice, most people who submit both the I-130 and the I-129f enter on the corresponding K3 (derived from the I-129f) and then adjust status here in the USA.

Edited May 20, 2007 by novotul