Do you need to send 129 with 130/CR1?

[Acslate 4]

The process is quite confusing. Do you need to send in your 129 with your 130? but I thought 129 was for fiancee visa to get married in US? Then there is K3 and CR1, aren't they mean the same thing?  I just read 129 is just an option to be sent in so your significant other can come and live with you?

[Lil bear 4,217]

2 minutes ago, Acslate said:

The process is quite confusing. Do you need to send in your 129 with your 130? but I thought 129 was for fiancee visa to get married in US? Then there is K3 and CR1, aren't they mean the same thing?  I just read 129 is just an option to be sent in so your significant other can come and live with you?

K 3 uses concurrent  filing of 129 and I130

as underlying petitions and if granted allows the spouse to come to the US while the immigration process is being completed. 

But K3 is rarely approved now, as when the I130 is processed and approved the as  yet unapproved 129 is no longer considered. 

[Acslate 4]

54 minutes ago, Lil bear said:

K 3 uses concurrent  filing of 129 and I130

as underlying petitions and if granted allows the spouse to come to the US while the immigration process is being completed. 

But K3 is rarely approved now, as when the I130 is processed and approved the as  yet unapproved 129 is no longer considered. 

So, I don't need to file 129, just 130 if I am doing CR1? If I applied for K3, 129 and 130 is both applied? I plan to marry my fiancee in her country. 

[Nitas_man 3,100]

3 minutes ago, Acslate said:

So, I don't need to file 129, just 130 if I am doing CR1? If I applied for K3, 129 and 130 is both applied? I plan to marry my fiancee in her country. 

I130 only

[geowrian 22,337]

K-3 is practically obsolete. Just a very small handful were issued last fiscal year (low single digits), and it has been decreasing every year for several years now.

 

The process for a K-3 is to submit the I-130. Once you get the NOA1 for that, then submit the I-129F + a copy of the I-130's NOA1.

Edited July 16, 2019 by geowrian

[pushbrk 12,892]

21 minutes ago, Acslate said:

So, I don't need to file 129, just 130 if I am doing CR1? If I applied for K3, 129 and 130 is both applied? I plan to marry my fiancee in her country. 

If married, file the I-130 and I-130a AFTER you marry.  Consider the K3 visa dead and gone.  It will be a CR1 visa.

[JulienR 92]

K3 visas are not granted anymore but sending an I-129F petition after your I-130 might speed up the process if you are sent to Nebraska SC. You can read this thread :https://www.visajourney.com/forums/topic/712342-k3-visa-viability-in-2019/

 

 

But make sure you are fine with the consequences if by any chance you are granted a K3 visa instead of a CR1 which are that you will have to go through AOS (more expensive) and your wife won't be able to work or travel until she gets her EAD and AP.

[Nitas_man 3,100]

Ugh.  We did K3 back when it did save time and I’d never advise that.  At a minimum it’s extra biometrics, extra interview in the US, extra expense, extra paperwork, and the immigrant has to wait like 3-4 months to get EAD/SS to get a drivers license and have a life.  

 

File the I-130.  

[HRQX 4,145]

13 hours ago, geowrian said:

The process for a K-3 is to submit the I-130. Once you get the NOA1 for that, then submit the I-129F + a copy of the I-130's NOA1.

"You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

"because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

[geowrian 22,337]

40 minutes ago, HRQX said:

"You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

"because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

Thanks....I've never seen somebody file them together (as I don't see many people even file them).

[Acslate 4]

So, basically avoid K3 all together. Just stick to CR1 once we get married in Italy. The thing is my fiancee are just trying to get married, and atto notorio is difficult in Italy. Can she just come to US on a tourist visa and we get married then she goes back to her own country, and we apply for a green card from there? 

[Lil bear 4,217]

1 minute ago, Acslate said:

So, basically avoid K3 all together. Just stick to CR1 once we get married in Italy. The thing is my fiancee are just trying to get married, and atto notorio is difficult in Italy. Can she just come to US on a tourist visa and we get married then she goes back to her own country, and we apply for a green card from there? 

See the answer in your other thread 

yes she can come and marry here .. assuming she is granted entry as a visitor ... marry here then return home while the process of applying and obtaining a spouse visa is completed . 

[HRQX 4,145]

13 minutes ago, Acslate said:

Can she just come to US on a tourist visa and we get married then she goes back to her own country, and we apply for a green card from there? 

Yes:

Other options include:

• Gibraltar: http://www.visitgibraltar.gi/getting-married
• Iceland: https://guidetoiceland.is/history-culture/getting-married-in-iceland
• Denmark: https://familieretshuset.dk/en/your-life-situation/your-life-situation/international-marriages/if-you-wish-to-get-married-in-denmark

Edited July 20, 2019 by HRQX