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ovrosati

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    K-3 or easier to wait for I-130?

    in K-3 Spouse Visa Process & Procedures

    Posted

    Hello -

    First I would like to thank everyone for the invaluable information you provide on this site.

    I am hoping to get some clarification on an issue that NVC won't answer directly, and I'm confused about some details. My I-130 was approved a month before my 1-129, and I recieved the AOS bill about the same day the 1-129 was approved (I haven't returned it yet). I called NVC and was told that I can either persue the K-3 visa or continue with the I-130 depending on my "preference". Obviously, I want my wife to be here as quickly as possible (NVC has my I-129 paperwork already and I'm waiting for them to forward to the consulate). So does this mean if we go with the K-3, the I-130 is no longer relevant? I ask because the NVC agent expressed his disbelief that people actually "pay twice" to file the both the I-129 and I-130 because one fee is lost regardless. And once she gets in the country with the K-3, am I correct the we have to file the Ajustment of Status I-485...basically re-doing the I-130?

    Also, does anyone know from experience if it is simply easier to wait for the I-130 to be processed for the immigrant visa, or get her here and deal with the hassels of the I-485? Any thoughts?

    I hope this makes sense...

    Thanks!

    I-130

    4/14/07 - I-130 Approved (72 days)

    5/21/07 - AOS Bill Recieved

    I-129

    5/18/07 - I-129 Approved (91 days)

    5/29/07 - NVC Received

    I-130 is still relevant even if you decide to take the K3 route. It just means that you will have to adjust status once your wife gets to the United States. All K3 applicants and CR1/IR1 applicants have to file I-130. Once the I129F paperwork gets to the consulate, it will probably take them about 2 months to schedule the K3 interview. I would hope that the NVC processing of I130 is done by then and the information is received by the consulate. This way you can change the K3 interview into CR1/IR1 interview and thus not have to worry about adjusting status once your wife is in United States. But if your K3 interview is scheduled before the consulate receives the paperwork for CR1/IR1 visa, then you will have the choice of either taking K3 interview or to wait for the CR1/IR1 interview which could be one or two month later depending on how fast the NVC processes your CR1 petition and how fast you send the required documents.

    All correct except you WILL have to follow through with your part through the NVC process or the I-130 will just sit there. The status adjustment fee is going to $1,010. July 30, if that is a major consideration for you. You avoid that by sticking with the CR1 or getting lucky and using the K3 interview date for CR1.

    If you're looking for easy, stick with the CR1. The K3 is on autopilot anyway. If you're in a hurry, just get her here as quickly as possible and pay the piper.

    Thank you all very much for the help. That is exactly what I wanted to know.

    K-3 or easier to wait for I-130?

    in K-3 Spouse Visa Process & Procedures

    Posted

    Hello -

    First I would like to thank everyone for the invaluable information you provide on this site.

    I am hoping to get some clarification on an issue that NVC won't answer directly, and I'm confused about some details. My I-130 was approved a month before my 1-129, and I recieved the AOS bill about the same day the 1-129 was approved (I haven't returned it yet). I called NVC and was told that I can either persue the K-3 visa or continue with the I-130 depending on my "preference". Obviously, I want my wife to be here as quickly as possible (NVC has my I-129 paperwork already and I'm waiting for them to forward to the consulate). So does this mean if we go with the K-3, the I-130 is no longer relevant? I ask because the NVC agent expressed his disbelief that people actually "pay twice" to file the both the I-129 and I-130 because one fee is lost regardless. And once she gets in the country with the K-3, am I correct the we have to file the Ajustment of Status I-485...basically re-doing the I-130?

    Also, does anyone know from experience if it is simply easier to wait for the I-130 to be processed for the immigrant visa, or get her here and deal with the hassels of the I-485? Any thoughts?

    I hope this makes sense...

    Thanks!

    I-130

    4/14/07 - I-130 Approved (72 days)

    5/21/07 - AOS Bill Recieved

    I-129

    5/18/07 - I-129 Approved (91 days)

    5/29/07 - NVC Received

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