I-129F/I-130 help!

[Donato 0]

okay. check it out. I sent out the I-130 6+weeks ago and i finally got the copy of the cashed check online (i havent even recieved my NOA1 in the mail yet). So now im not wasting any time, and im going to send the I-129F immidiatly. The problem is that i JUST NOW found it (litterally 45 seconds ago) that the I-129 doesn't let my wife (the one coming to the USA) work! is that right? Am i mistaken? (thats my first question) If that is right... then what can i for her once she is here, so that she can work (using the I-129..) anything? (2nd question).

My 3rd question is this: I heard that people who file the I-130, then the I-129 often try the "2-horses" approach.. and choose the one that finishes first. But i also heard that the Gov't put a stop to that, in that as soon as they get the I-129F... they STOP the I-130 "horse". What can i do to get them to do both at the same time! Does anyone know?

yes. i have read the forums alot... but now that it matters.. my mind is blank, and ive forgoten everything i have read! please help! Im going to mail the I-129F tomorrow! Thank you!

[MargotDarko 0]

okay. check it out. I sent out the I-130 6+weeks ago and i finally got the copy of the cashed check online (i havent even recieved my NOA1 in the mail yet). So now im not wasting any time, and im going to send the I-129F immidiatly. The problem is that i JUST NOW found it (litterally 45 seconds ago) that the I-129 doesn't let my wife (the one coming to the USA) work! is that right? Am i mistaken? (thats my first question) If that is right... then what can i for her once she is here, so that she can work (using the I-129..) anything? (2nd question).

My 3rd question is this: I heard that people who file the I-130, then the I-129 often try the "2-horses" approach.. and choose the one that finishes first. But i also heard that the Gov't put a stop to that, in that as soon as they get the I-129F... they STOP the I-130 "horse". What can i do to get them to do both at the same time! Does anyone know?

yes. i have read the forums alot... but now that it matters.. my mind is blank, and ive forgoten everything i have read! please help! Im going to mail the I-129F tomorrow! Thank you!

With the K3 visa, your wife would need to file for adjustment of status along which is now $1,010 and includes the employment authorisation document. It usually takes about 90 days for the the employment authorisation to come through after filing AOS. She could not apply for a SSN until she had the employment authorsation. So she wouldn't be able to do much at all for her first three months unless there's volunteer work (which really has to be volunteer work, not just an unpaid position that's normally paid) she's interested in.

If both the I-129f and I-130 are approved at the same time, most likely only the I-129f will go to the NVC for processing and the I-130 will be held. There is nothing you can do now to try to get both to keep going. If the I-130 is approved first and forwarded to the NVC before the I-129f, then both should keep going.

The K3 visas on the whole are not coming through much faster than immigrant visas now. You may gain two to three months but perhaps not even that much time. Are you sure you want to go for the K3 visa still? The CR1/IR1 (depending on how long you've been married) is a much better visa. She could work upon entry, she'd have her green card right away, and there would be no more fees or filing for two years if you've been married less than two years and never if you've been married more than two years (unless she wants to naturalize).

[Urge To Race 2]

Donato,

MargotDarko is right on, except that you could get the I130 going even if both I129f and I130 are approved together by filing I824 and paying a $200.

You would have to wait (perhaps months) for USCIS to process the I824, so it may not be worth it, but if circumstances warrant it could be done.

Also, the benefit of the K3 is shrinking yes. I started out hoping to save 3 or 4 months, but I don't think I will save anything, it will just cost me more money. But the time savings varies by consulate/embassy. You need to check to see the different wait times for your consulate for the K3 vs. CR1 interview. If it is a huge difference as it is in some countries, it might be a factor in your decision in CR1 vs. K3.

Cheers

okay. check it out. I sent out the I-130 6+weeks ago and i finally got the copy of the cashed check online (i havent even recieved my NOA1 in the mail yet). So now im not wasting any time, and im going to send the I-129F immidiatly. The problem is that i JUST NOW found it (litterally 45 seconds ago) that the I-129 doesn't let my wife (the one coming to the USA) work! is that right? Am i mistaken? (thats my first question) If that is right... then what can i for her once she is here, so that she can work (using the I-129..) anything? (2nd question).

My 3rd question is this: I heard that people who file the I-130, then the I-129 often try the "2-horses" approach.. and choose the one that finishes first. But i also heard that the Gov't put a stop to that, in that as soon as they get the I-129F... they STOP the I-130 "horse". What can i do to get them to do both at the same time! Does anyone know?

yes. i have read the forums alot... but now that it matters.. my mind is blank, and ive forgoten everything i have read! please help! Im going to mail the I-129F tomorrow! Thank you!

With the K3 visa, your wife would need to file for adjustment of status along which is now $1,010 and includes the employment authorisation document. It usually takes about 90 days for the the employment authorisation to come through after filing AOS. She could not apply for a SSN until she had the employment authorsation. So she wouldn't be able to do much at all for her first three months unless there's volunteer work (which really has to be volunteer work, not just an unpaid position that's normally paid) she's interested in.

If both the I-129f and I-130 are approved at the same time, most likely only the I-129f will go to the NVC for processing and the I-130 will be held. There is nothing you can do now to try to get both to keep going. If the I-130 is approved first and forwarded to the NVC before the I-129f, then both should keep going.

The K3 visas on the whole are not coming through much faster than immigrant visas now. You may gain two to three months but perhaps not even that much time. Are you sure you want to go for the K3 visa still? The CR1/IR1 (depending on how long you've been married) is a much better visa. She could work upon entry, she'd have her green card right away, and there would be no more fees or filing for two years if you've been married less than two years and never if you've been married more than two years (unless she wants to naturalize).

[MargotDarko 0]

Donato,

MargotDarko is right on, except that you could get the I130 going even if both I129f and I130 are approved together by filing I824 and paying a $200.

You would have to wait (perhaps months) for USCIS to process the I824, so it may not be worth it, but if circumstances warrant it could be done.

Also, the benefit of the K3 is shrinking yes. I started out hoping to save 3 or 4 months, but I don't think I will save anything, it will just cost me more money. But the time savings varies by consulate/embassy. You need to check to see the different wait times for your consulate for the K3 vs. CR1 interview. If it is a huge difference as it is in some countries, it might be a factor in your decision in CR1 vs. K3.

Cheers

okay. check it out. I sent out the I-130 6+weeks ago and i finally got the copy of the cashed check online (i havent even recieved my NOA1 in the mail yet). So now im not wasting any time, and im going to send the I-129F immidiatly. The problem is that i JUST NOW found it (litterally 45 seconds ago) that the I-129 doesn't let my wife (the one coming to the USA) work! is that right? Am i mistaken? (thats my first question) If that is right... then what can i for her once she is here, so that she can work (using the I-129..) anything? (2nd question).

My 3rd question is this: I heard that people who file the I-130, then the I-129 often try the "2-horses" approach.. and choose the one that finishes first. But i also heard that the Gov't put a stop to that, in that as soon as they get the I-129F... they STOP the I-130 "horse". What can i do to get them to do both at the same time! Does anyone know?

yes. i have read the forums alot... but now that it matters.. my mind is blank, and ive forgoten everything i have read! please help! Im going to mail the I-129F tomorrow! Thank you!

With the K3 visa, your wife would need to file for adjustment of status along which is now $1,010 and includes the employment authorisation document. It usually takes about 90 days for the the employment authorisation to come through after filing AOS. She could not apply for a SSN until she had the employment authorsation. So she wouldn't be able to do much at all for her first three months unless there's volunteer work (which really has to be volunteer work, not just an unpaid position that's normally paid) she's interested in.

If both the I-129f and I-130 are approved at the same time, most likely only the I-129f will go to the NVC for processing and the I-130 will be held. There is nothing you can do now to try to get both to keep going. If the I-130 is approved first and forwarded to the NVC before the I-129f, then both should keep going.

The K3 visas on the whole are not coming through much faster than immigrant visas now. You may gain two to three months but perhaps not even that much time. Are you sure you want to go for the K3 visa still? The CR1/IR1 (depending on how long you've been married) is a much better visa. She could work upon entry, she'd have her green card right away, and there would be no more fees or filing for two years if you've been married less than two years and never if you've been married more than two years (unless she wants to naturalize).

Yep, good point about the I-824. Other people have reported that it seems to take a solid 6 months to go through, but if the non-USC half of the couple wants to make a trip home during the first year, that's not a bad idea as the cost of the immigrant visa is a bit less than adjusting status. If the non-USC partner doesn't want to a take trip home fairly soon after moving to the states, it's better to adjust status.

[pushbrk 12,893]

Donato,

MargotDarko is right on, except that you could get the I130 going even if both I129f and I130 are approved together by filing I824 and paying a $200.

You would have to wait (perhaps months) for USCIS to process the I824, so it may not be worth it, but if circumstances warrant it could be done.

Also, the benefit of the K3 is shrinking yes. I started out hoping to save 3 or 4 months, but I don't think I will save anything, it will just cost me more money. But the time savings varies by consulate/embassy. You need to check to see the different wait times for your consulate for the K3 vs. CR1 interview. If it is a huge difference as it is in some countries, it might be a factor in your decision in CR1 vs. K3.

Cheers

okay. check it out. I sent out the I-130 6+weeks ago and i finally got the copy of the cashed check online (i havent even recieved my NOA1 in the mail yet). So now im not wasting any time, and im going to send the I-129F immidiatly. The problem is that i JUST NOW found it (litterally 45 seconds ago) that the I-129 doesn't let my wife (the one coming to the USA) work! is that right? Am i mistaken? (thats my first question) If that is right... then what can i for her once she is here, so that she can work (using the I-129..) anything? (2nd question).

My 3rd question is this: I heard that people who file the I-130, then the I-129 often try the "2-horses" approach.. and choose the one that finishes first. But i also heard that the Gov't put a stop to that, in that as soon as they get the I-129F... they STOP the I-130 "horse". What can i do to get them to do both at the same time! Does anyone know?

yes. i have read the forums alot... but now that it matters.. my mind is blank, and ive forgoten everything i have read! please help! Im going to mail the I-129F tomorrow! Thank you!

With the K3 visa, your wife would need to file for adjustment of status along which is now $1,010 and includes the employment authorisation document. It usually takes about 90 days for the the employment authorisation to come through after filing AOS. She could not apply for a SSN until she had the employment authorsation. So she wouldn't be able to do much at all for her first three months unless there's volunteer work (which really has to be volunteer work, not just an unpaid position that's normally paid) she's interested in.

If both the I-129f and I-130 are approved at the same time, most likely only the I-129f will go to the NVC for processing and the I-130 will be held. There is nothing you can do now to try to get both to keep going. If the I-130 is approved first and forwarded to the NVC before the I-129f, then both should keep going.

The K3 visas on the whole are not coming through much faster than immigrant visas now. You may gain two to three months but perhaps not even that much time. Are you sure you want to go for the K3 visa still? The CR1/IR1 (depending on how long you've been married) is a much better visa. She could work upon entry, she'd have her green card right away, and there would be no more fees or filing for two years if you've been married less than two years and never if you've been married more than two years (unless she wants to naturalize).

Yep, good point about the I-824. Other people have reported that it seems to take a solid 6 months to go through, but if the non-USC half of the couple wants to make a trip home during the first year, that's not a bad idea as the cost of the immigrant visa is a bit less than adjusting status. If the non-USC partner doesn't want to a take trip home fairly soon after moving to the states, it's better to adjust status.

The I-824 will eventually work but the new fee is considerably more than $200. We're not really sure how to get both horses to stay running. The policy states that they'll forward the I-130 to NVC only if you "clearly indicate you wish Consular processing". I've been suggesting big red letters hand written but we have no results to point to from doing that.

For many, the $1010 AOS fee and the inability to work for several months is reason enough to just skip the I-129F for K3.

[MargotDarko 0]

The I-824 will eventually work but the new fee is considerably more than $200. We're not really sure how to get both horses to stay running. The policy states that they'll forward the I-130 to NVC only if you "clearly indicate you wish Consular processing". I've been suggesting big red letters hand written but we have no results to point to from doing that.

For many, the $1010 AOS fee and the inability to work for several months is reason enough to just skip the I-129F for K3.

Oh, I didn't know there was a new fee for the I-824. Do you happen to know how much it costs now?

[pushbrk 12,893]

The I-824 will eventually work but the new fee is considerably more than $200. We're not really sure how to get both horses to stay running. The policy states that they'll forward the I-130 to NVC only if you "clearly indicate you wish Consular processing". I've been suggesting big red letters hand written but we have no results to point to from doing that.

For many, the $1010 AOS fee and the inability to work for several months is reason enough to just skip the I-129F for K3.

Oh, I didn't know there was a new fee for the I-824. Do you happen to know how much it costs now?

$340. There's a link to all the new fees at the top of the forums page.

[valticp 0]

I think just going for the CR1 visa is the better option since they are taking about a million years to process k3s, and the CR1 is a much better visa anyway

Unless your consulate takes a lot longer to interview for the CR1... I dont know how it's like in China

[pushbrk 12,893]

I think just going for the CR1 visa is the better option since they are taking about a million years to process k3s, and the CR1 is a much better visa anyway

Unless your consulate takes a lot longer to interview for the CR1... I dont know how it's like in China

CR1 timelines are longer generally between two sets of milestones. NVC in to NVC is 2 to 6 months longer. Then from the time the Consulate receives the file to P4 is longer because the second name check cannot be ordered until the Consulate receives the case file. K cases usually complete that second name check before they leave NVC.

After fully eligible for an interview, things start to vary by Consulate. Guangzhou generally schedules CR and IR interviews a month further out than K's. Under the best of circumstances, Guangzhou CR1 timelines are generally at least 3 months longer than K3 timelines. Two months (minimum) at NVC and one to two months longer from P4 to interview.

[LvivLovers 39]

Donato,

MargotDarko is right on, except that you could get the I130 going even if both I129f and I130 are approved together by filing I824 and paying a $200.

You would have to wait (perhaps months) for USCIS to process the I824, so it may not be worth it, but if circumstances warrant it could be done.

Also, the benefit of the K3 is shrinking yes. I started out hoping to save 3 or 4 months, but I don't think I will save anything, it will just cost me more money. But the time savings varies by consulate/embassy. You need to check to see the different wait times for your consulate for the K3 vs. CR1 interview. If it is a huge difference as it is in some countries, it might be a factor in your decision in CR1 vs. K3.

Cheers

okay. check it out. I sent out the I-130 6+weeks ago and i finally got the copy of the cashed check online (i havent even recieved my NOA1 in the mail yet). So now im not wasting any time, and im going to send the I-129F immidiatly. The problem is that i JUST NOW found it (litterally 45 seconds ago) that the I-129 doesn't let my wife (the one coming to the USA) work! is that right? Am i mistaken? (thats my first question) If that is right... then what can i for her once she is here, so that she can work (using the I-129..) anything? (2nd question).

My 3rd question is this: I heard that people who file the I-130, then the I-129 often try the "2-horses" approach.. and choose the one that finishes first. But i also heard that the Gov't put a stop to that, in that as soon as they get the I-129F... they STOP the I-130 "horse". What can i do to get them to do both at the same time! Does anyone know?

yes. i have read the forums alot... but now that it matters.. my mind is blank, and ive forgoten everything i have read! please help! Im going to mail the I-129F tomorrow! Thank you!

With the K3 visa, your wife would need to file for adjustment of status along which is now $1,010 and includes the employment authorisation document. It usually takes about 90 days for the the employment authorisation to come through after filing AOS. She could not apply for a SSN until she had the employment authorsation. So she wouldn't be able to do much at all for her first three months unless there's volunteer work (which really has to be volunteer work, not just an unpaid position that's normally paid) she's interested in.

If both the I-129f and I-130 are approved at the same time, most likely only the I-129f will go to the NVC for processing and the I-130 will be held. There is nothing you can do now to try to get both to keep going. If the I-130 is approved first and forwarded to the NVC before the I-129f, then both should keep going.

The K3 visas on the whole are not coming through much faster than immigrant visas now. You may gain two to three months but perhaps not even that much time. Are you sure you want to go for the K3 visa still? The CR1/IR1 (depending on how long you've been married) is a much better visa. She could work upon entry, she'd have her green card right away, and there would be no more fees or filing for two years if you've been married less than two years and never if you've been married more than two years (unless she wants to naturalize).

Yep, good point about the I-824. Other people have reported that it seems to take a solid 6 months to go through, but if the non-USC half of the couple wants to make a trip home during the first year, that's not a bad idea as the cost of the immigrant visa is a bit less than adjusting status. If the non-USC partner doesn't want to a take trip home fairly soon after moving to the states, it's better to adjust status.

The I-824 will eventually work but the new fee is considerably more than $200. We're not really sure how to get both horses to stay running. The policy states that they'll forward the I-130 to NVC only if you "clearly indicate you wish Consular processing". I've been suggesting big red letters hand written but we have no results to point to from doing that.

For many, the $1010 AOS fee and the inability to work for several months is reason enough to just skip the I-129F for K3.

Just FYI...the clearly indicating thing DID NOT WORK for me and I was more than clear. I explained in detail what we were wanting to do 3 times in bold letters, on the I-130, on the cover page, and on an attachment sheet. I even quoted their own rules on this and provided the URL to their memo describing the process and explained this is why I was requesting it. I explained that we wanted to get a CR-1 visa from the embassy. It was impossible for them not to see this, but they chose to ignore this and only forwarded our I-129F to the NVC. (Honestly, even if it popped off the pagem, had flashing lights, and played a song saying you were pursuing the consular process I don't think they will honor this!)

Edited October 8, 2007 by LvivLovers

[SanfordnBonnie 0]

In hindsight the K3 was definately the right choice for us, we had originally planned on doing DCF but the Adam Walsh act forced us to do K3 because embassies stopped accepting petitions. It may not save you any time in getting the I-130 approved vs the I-129f but, it could save you a tremendous amount of time at the NVC. We were in and out within days but some CR1 timelines we were following took two months to get through, we were already home, I had found a job, and we bought a house together within that same time frame. It's true that my wife still can't work, but we were just notified last week that her EAD card was in production and being home and having a stable life makes it much easier to wait. The months we were waiting together over there were agony but the 2.5 months we waited here at home for her EAD just flew by.

It's up to you, but I'd do K3 if time is an issue, chances are it'll still save you some time.