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wazzujoel

Help! i-134a vs i-129F

By wazzujoel in Caribbean

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wazzujoel Explorer

wazzujoel   63

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Filed: K-1 Visa Country: Cuba
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I am engaged to a Cuban and we received NOA1 on Oct 18 2021. We have not received NOA2 yet. 

 

Yesterday Biden announced they were extending the Venezuelan immigration program to Cubans (and Haitians and Nicaraguans). 

 

https://www.uscis.gov/CHNV

 

My basic understanding of this is that I should absolutely do this. All I need to do is complete a free i-134a application for my fiancée, she will then get security cleared (which she meets all the requirements I am sure) and then she will be able to come to the USA and file for EAD and a Social Security number. Then I was thinking once she arrives, when we feel the time is appropriate, we can then get married and file an AOS and file for her green card. Is there anything here that I should be concerned about? 

 

I am going to talk to a lawyer.    

Edited by wazzujoel
typo
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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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I assume she will be paroled in for 2 years, so I would get AoS planned within that period.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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Just a thought on the basis of what has happened previously not really anything a Lawyer can do and not that many seem interested in this area.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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There is only 30,000 per month so I would not hang around.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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wazzujoel Explorer

wazzujoel   63

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Filed: K-1 Visa Country: Cuba
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1 hour ago, Boiler said:

I assume she will be paroled in for 2 years, so I would get AoS planned within that period.

 

From what you can see, this would be perfectly legal path for immigration even though our plans are to get married? I see that she would be paroled for 2 years, however we would want to marry within the first year anyways. Before I go this route I want to make sure that this route isn't going to cause additional headaches for her immigration, or cause issues if her i-129F case happens to go first since like you said they limit it to 30k per month. 

 

Can this be a parallel path with i-129F and then we just cancel whatever path ends up taking the longest? 

Edited by wazzujoel
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wazzujoel Explorer

wazzujoel   63

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Filed: K-1 Visa Country: Cuba
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Is there any reason why I should not be doing this right now? 

 

1. Do I want to support her for the entire 2 year parole? Yes! I want to marry her and spend the rest of my life with her. 

2. Do I plan on marrying her within the 2 year parole? Yes, probably within 6 months. If we have more time to marry, than we might pick an ideal season/day. 

3. Once married, we apply for AOS and advanced parole so we can travel outside of the USA if we want. 

 

Is there anything I am missing to this? Can I do this while allowing the i-129F to continue just in case this ends up taking longer than i-129F? I am very close to NOA2 right now

Edited by wazzujoel
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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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Lots of people on here have used this route. The only new thing are the extra countries involved.

 

Adjusting is very similar to K1, does involve a I 130

 

You can let both run and see what comes through

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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Neither process commits you to anything btw

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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Ukrainians have been going through this for some time, so there is a VJ body of knowledge.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Kyleandandrea Apprentice

Kyleandandrea   16

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Filed: K-1 Visa Country: Panama
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I have a k1 currently NOA1 January 2022 and applied for parole  back in October 25th  2022 still haven't heard anything on the Parole. Nothing keeping you from filing both just immigration is slow as every with both.

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K-9 Visa Contributor

K-9 Visa   11

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Filed: K-1 Visa Country: Cuba
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"DHS strongly encourages Cubans, Haitians, Nicaraguans, and Venezuelans seeking entry in the U.S. who do not have and are not eligible for a visa to instead seek entry via this process..."

 

Is the USCIS saying that if you've filed for a K-1 visa you can't or shouldn't apply with the new process? 

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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2 minutes ago, K-9 Visa said:

"DHS strongly encourages Cubans, Haitians, Nicaraguans, and Venezuelans seeking entry in the U.S. who do not have and are not eligible for a visa to instead seek entry via this process..."

 

Is the USCIS saying that if you've filed for a K-1 visa you can't or shouldn't apply with the new process? 

No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yoel and Mari Newbie

Yoel and Mari   0

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Joel, it literally states on UCSIC that you CANNOT file under 134a if you are in the process of another visa application 

 

https://www.uscis.gov/humanitarian/frequently-asked-questions-about-the-processes-for-cubans-haitians-nicaraguans-and-venezuelans 

 

First question under Questions Relating to Supporters. 

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