I-130 PETITION

[JackandEdna2019 14]

Hi, my wife and I got married last year on March 26, 2024! I'm getting ready to file the spousal petition (I-130) online! Is it a pretty fast process if I file it online versus a paper application? What type of evidence do we need to provide? I'm going to also file the I-129F for the k3 and k4 visa for them just in case the I-130 is taking longer than expected bcs it doesn't cost anything extra to file as long as I file it with the spousal petition. That way they can come over sooner. But the one question i have is if the I130 petition is approved first before the I-129F petition will USCIS automatically cancel the I-129F petition, bcs that's what some people are saying.  Also, is it easier to get approved for the I-130 versus the fiancé visa bcs before we waited more than 3 years for them to make a decision.  Pls advise, thanks!

[OldUser 8,336]

6 minutes ago, JackandEdna2019 said:

 I'm going to also file the I-129F for the k3 and k4 visa for them just in case the I-130 is taking longer than expected bcs it doesn't cost anything extra to file as long as I file it with the spousal petition. That way they can come over sooner. 

This is an urban myth. Just adds unnecessary work for USCIS rejecting K-3 when I-130 gets approved. Of course you're free to do it.

[OldUser 8,336]

8 minutes ago, JackandEdna2019 said:

 Also, is it easier to get approved for the I-130 versus the fiancé visa bcs before we waited more than 3 years for them to make a decision.  Pls advise, thanks!

No it's not. Just because somebody waits longer or shorter, doesn't make case get approved easier. It depends on how strong the case is and how much evidence you provide.

[JackandEdna2019 14]

1 minute ago, OldUser said:

This is an urban myth. Just adds unnecessary work for USCIS rejecting K-3 when I-130 gets approved. Of course you're free to do it.

What's an urban myth? I don't understand!

[OldUser 8,336]

10 minutes ago, JackandEdna2019 said:

Hi, my wife and I got married last year on March 26, 2024! I'm getting ready to file the spousal petition (I-130) online! Is it a pretty fast process if I file it online versus a paper application? What type of evidence do we need to provide? 

Check out the Guide section

[OldUser 8,336]

Just now, JackandEdna2019 said:

What's an urban myth? I don't understand!

An urban myth, also known as an urban legend, is a story or statement that is widely circulated as true but is actually false.

[JeanneAdil 6,759]

K 4 for child   -the child needs I 130 also with all the fees that go with it 

 

children are not derivatives of spouse visa

[JackandEdna2019 14]

17 minutes ago, JeanneAdil said:

K 4 for child   -the child needs I 130 also with all the fees that go with it 

 

children are not derivatives of spouse visa

Yes, i understand that but the child we have together is already a US CITIZEN so I don't need to file a form I--130 for her but for my stepdaughter who's 17 years old I have to file a separate I-130.

[SalishSea 18,339]

44 minutes ago, JackandEdna2019 said:

Is it a pretty fast process if I file it online versus a paper application?

I think the overall spouse visa process is currently around 12-18 months.  Filing online makes a negligible difference in timeframes.

[appleblossom 3,550]

6 hours ago, SalishSea said:

I think the overall spouse visa process is currently around 12-18 months.  Filing online makes a negligible difference in timeframes.

I’d say nearer 2 years for most countries - the I-130 alone is about 17 months these days. 

[Boiler 46,509]

The last thing you want is a K3 approved, not that it is likely to happen.

[JackandEdna2019 14]

1 hour ago, Boiler said:

The last thing you want is a K3 approved, not that it is likely to happen.

Why do you say it's the last thing you want for it to be approved? Is it bcs you have to pay more after it's approved to get the adjustment status whereas if the I-130 is approved there's no need for adjustment of status and my wife can work right away, right?

[Yareth 132]

From uscis.gov:

"Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare." Click

 

And, regarding your question of " if the I130 petition is approved first before the I-129F petition will USCIS automatically cancel the I-129F petition ":
 

"If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents. Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time." 

 

If you want to be well informed, stay close to official and/or trusted sources and take conversations on the internet with a grain of salt. 

 

[JackandEdna2019 14]

6 hours ago, Yareth said:

From uscis.gov:

"Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare." Click

 

And, regarding your question of " if the I130 petition is approved first before the I-129F petition will USCIS automatically cancel the I-129F petition ":
 

"If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents. Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time." 

 

If you want to be well informed, stay close to official and/or trusted sources and take conversations on the internet with a grain of salt. 

 

Thanks for the info!

[JackandEdna2019 14]

On 3/15/2025 at 12:04 AM, JeanneAdil said:

K 4 for child   -the child needs I 130 also with all the fees that go with it 

 

children are not derivatives of spouse visa

How come the I-130 online doesn't have an option to label my stepdaughter as stepdaughter or me as the stepfather? It just give me the option of child or parent! I know I can petition her but I'm just trying to figure out why USCIS doesn't correct that part of the petition when it ask for the relationship to me or my relationship to her.