I-129 AND I-130?

[JL & ML 20]

Hello everyone,

 

First time posting here -- very grateful for the chance to consult with thousands of other people in the same situation. My fiancée and I will soon be filing for a K-1. She's an American and I am a Canadian citizen.

 

It says on the instructions for the I-129F that you must also show evidence you have applied for I-130 already. I don't understand this -- you apply for a fiancé visa precisely because you're not married and want to come to U.S. for this purpose, but I-130 is for foreign spouses, parents and children.

 

Can anyone clarify this for me?

 

Best regards and thank you,

 

Jules

[geowrian 22,337]

That's for a K-3 visa for a spouse, not a K-1 for a fiance.

FYI - K-3 is effectively dead anyway.

[Crazy Cat 41,836]

That might appy if you were filing for a K-3........but they are obsolete.  You do not need an I-130 for a K-1.

[JL & ML 20]

Hello both of you,

 

Thank you for responding so quickly!

 

I am looking forward to beginning this process and interacting with this forum. With all this information available, I know we can accomplish this. This is very encouraging.

[Crazy Cat 41,836]

2 minutes ago, Jules L said:

Hello both of you,

 

Thank you for responding so quickly!

 

I am looking forward to beginning this process and interacting with this forum. With all this information available, I know we can accomplish this. This is very encouraging.

Welcome to Visa Journey.  This is a great resource for the immigration journey....and it usually pretty active around here.......my advice:  Keep in mind that the immigration process requires a great deal of knowledge, planning, time, patience, and money......Good luck.

[JL & ML 20]

Thank you! We're deciding not to go with the help of a lawyer (after contemplating it for a few weeks and realizing the total costs -- legal fees and filing fees -- would be up to $7000), but rather relying on the help of this forum, an online resource that helps put together the package, and being extra thorough with everything. It should be possible!

[Crazy Cat 41,836]

Just now, Jules L said:

Thank you! We're deciding not to go with the help of a lawyer (after contemplating it for a few weeks and realizing the total costs -- legal fees and filing fees -- would be up to $7000), but rather relying on the help of this forum, an online resource that helps put together the package, and being extra thorough with everything. It should be possible!

Have you considered a CR-1?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

 

[krallen 16]

23 minutes ago, Jules L said:

Thank you! We're deciding not to go with the help of a lawyer (after contemplating it for a few weeks and realizing the total costs -- legal fees and filing fees -- would be up to $7000), but rather relying on the help of this forum, an online resource that helps put together the package, and being extra thorough with everything. It should be possible!

What others have said is correct. You only need to submit I-129F for K1. And you should be just fine without a lawyer! My fiance got through the K1 process just fine without one, as have many other couples here. This site is a really wonderful resource to ask questions and do research! If you go to your profile and  timeline to update everything so that it shows what you're applying for, which country the beneficiary is from, etc (as you've probably seen in some other's profiles), it will definitely make it easier for VisaJourney folks to answer any future questions that you have 🙂 Best of luck!

Edited April 12, 2019 by krallen

[JL & ML 20]

33 minutes ago, missileman said:

Welcome to Visa Journey.  This is a great resource for the immigration journey....and it usually pretty active around here.......my advice:  Keep in mind that the immigration process requires a great deal of knowledge, planning, time, patience, and money......Good luck.

 

22 minutes ago, missileman said:

Have you considered a CR-1?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
     Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

 

Thank you for this... we had considered marriage-based sponsorship but did not like the idea of being "married before being really married," (i.e. married on paper but not living together as a family), that's why we chose to go with the (albeit more expensive) K-1 visa process.

[Crazy Cat 41,836]

1 minute ago, Jules L said:

 

Thank you for this... we had considered marriage-based sponsorship but did not like the idea of being "married before being really married," (i.e. married on paper but not living together as a family), that's why we chose to go with the (albeit more expensive) K-1 visa process.

Your decision, your time, your money.........just remember that the time between arriving in the US and actually being able to work, drive, or travel outside the US & return ....around 6 months.....is very difficult for some new K-1 immigrants.........good luck and, again, welcome to Visa Journey........

[Joan58 47]

Having just gone through the K1 Visa and now AOS (I am also Canadian beneficiary) if you are ready for marriage I would choose CR1. 

In our situation I just wanted more time prior to marriage to be sure.