K-1 versus I-130

[paulchs 0]

Hi, we recently were advised that it may be best to file I-130 versus the K-1 I29F.

Any advice and help is appreciated. My Mexican fiance has a tourist visa and has traveled to and from the USA with this visa a few times to see me. We had intended to go through the I-129F process but were recently advised the I-130 might be a better option for us.

It was suggested that while she is here visiting me in the USA that we get married and then file I-130 versus going through the I-129F process. She has 2 children ages 7 and 11 that we also want to bring here at a later date. We will have a notarized letter from the father of the children giving permission for the kids to live in the USA permanently and to allow them to travel back and forth.

My fiance would like to travel to and from Mexico to visit her children occasionally during this process, will there be restrictions or issues with this and time frames that she will not be able to travel? Her kids also hold tourist visas and we would like to bring them here as soon as possible. However, we would like my fiance to be approved to be able to work in the USA so we are able to get additional income to be able to afford a bigger house before her kids arrive. Her 2 children will be living with my fiance's parents in Mexico until we are able to bring them here, so they are fine, but we want them here as soon as possible. Thanks for any advice.

[summersurf 10]

Hi, my advice would be I-129. (K-1) because she is still your fiancee, not your wife, yet. I-130 is for a spouse, you will have to file that if you guys already married. So yeah, i think you need to file I-129F instead of I-130.

[paulchs 0]

Thanks for your advice. On my fiance's next "visit" we will have the option to get married, based on the information we have received regarding the I-130 versus the I-129F process. We want to avoid the I-129F process if possible since this is much more complicated and expensive but would like to have more information to make sure we are making the best decisions. Any advice is appreciated. Thanks!

[pushbrk 13,069]

Hi, we recently were advised that it may be best to file I-130 versus the K-1 I29F.

Any advice and help is appreciated. My Mexican fiance has a tourist visa and has traveled to and from the USA with this visa a few times to see me. We had intended to go through the I-129F process but were recently advised the I-130 might be a better option for us.

It was suggested that while she is here visiting me in the USA that we get married and then file I-130 versus going through the I-129F process. She has 2 children ages 7 and 11 that we also want to bring here at a later date. We will have a notarized letter from the father of the children giving permission for the kids to live in the USA permanently and to allow them to travel back and forth.

My fiance would like to travel to and from Mexico to visit her children occasionally during this process, will there be restrictions or issues with this and time frames that she will not be able to travel? Her kids also hold tourist visas and we would like to bring them here as soon as possible. However, we would like my fiance to be approved to be able to work in the USA so we are able to get additional income to be able to afford a bigger house before her kids arrive. Her 2 children will be living with my fiance's parents in Mexico until we are able to bring them here, so they are fine, but we want them here as soon as possible. Thanks for any advice.

If your decision to marry occurred after her most recent US entry, then marrying and adjusting status by filing the I-130 and I-485 would work. This is only if she's willing to remain in the USA for the duration of the process. If she's unwilling or unable to remain, then marrying first and then having her leave before any overstay begins and file the I-130 for a spouse visa would be the least expensive in the long run and get her work authorized the fastest. The I-130 is part of either process.

Whether she could come and go during the process of obtaining a spouse visa depends on the CBP officer at each attempted border crossing.

What's best for you will depend on the details of your circumstances and priorities.

[paulchs 0]

Do you have an estimated wait time or processing time this might be regarding the I-130 and I-485 process? Is this a longer wait time than going through the I-129F visa process? Of course my fiance is worried there will be a long period of time before she is able to travel and see her kids. Thanks for any advice

[summersurf 10]

For the processing times, you might want to click on PROCESSING TIMES on top, i think the processing time for I-129F and I-130 pretty much the same, 3-6 months. After they approved your petition then you and your wife need to be in the states for the I-485 filing. It takes also about 3-6 months for the I-485 processing times, but actually it depends though, could be faster or even longer than the processing times they say. You might also want to check out the uscis.gov, they have all the informations there. Ok?