i129 and i130 approvals both on same day

[IMANCO 13]

Hi Guys,

I am quite confused and i will be most greatful if my query can be answered. I got my i130 and i129 approval on the same day, last month (29 may) and me and my spouse are using a lawyer. There is a twist in the advice the lawyer is giving, this is why i am making this enquiry. The lawyer advises that if i want to be with my spouse real quick, i can proceed with the i129 and i will get an interview earlier than using the i130 route. I also saw something on the NVC wiki, regarding actually using the i129 approval to fasten your i130. I am confused. I do hope my request is explicit enough?

[JaMeMa 2]

Can you please kindly explain in details, how did you get to apply both of this visas? To my understanding you only qualify for one visa not both.

[Ivie & Eguagie 119]

Hi Guys,

I am quite confused and i will be most greatful if my query can be answered. I got my i130 and i129 approval on the same day, last month (29 may) and me and my spouse are using a lawyer. There is a twist in the advice the lawyer is giving, this is why i am making this enquiry. The lawyer advises that if i want to be with my spouse real quick, i can proceed with the i129 and i will get an interview earlier than using the i130 route. I also saw something on the NVC wiki, regarding actually using the i129 approval to fasten your i130. I am confused. I do hope my request is explicit enough?

If your lawyer gave you that advice while you was already married it means he has no clue. i-129 is strictly for fiance(ee) and it is not used to speed up the i-130 in any way which is strictly for married people and can only be filed by spouse. I don't have an idea how you are going to go about this with two different contradictory petition, maybe someone who knows better can come on and give you an answer. If your both petition make it to the embassy, there is possibly going to be a confusion as to why you filed both petition which are clearly different. Please read this http://www.visajourn...content/k1guide, http://www.visajourn...tent/i130guide1

Edited June 8, 2012 by Ken & Lecia

[Ryan H 3,812]

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path the OP is likely to end up on. Duplicate thread removed.

Hi Guys,

I am quite confused and i will be most greatful if my query can be answered. I got my i130 and i129 approval on the same day, last month (29 may) and me and my spouse are using a lawyer. There is a twist in the advice the lawyer is giving, this is why i am making this enquiry. The lawyer advises that if i want to be with my spouse real quick, i can proceed with the i129 and i will get an interview earlier than using the i130 route. I also saw something on the NVC wiki, regarding actually using the i129 approval to fasten your i130. I am confused. I do hope my request is explicit enough?

Firstly, it would have been an I-129F that would have been filed in addition to the I-130, not an I-129. Secondly, your lawyer gave outdated advice. The two petitions were tied together when the I-129F arrived at the service center (the I-130 was pulled from its place in the queue and placed with the I-129F that arrived second). The two petitions were approved at the same time and will be sent to the NVC at the same time. The two are likely to arrive at the NVC at the same time and per NVC policy, the I-129F will be administratively closed because an approved I-130 will be on station at the NVC. Very rarely does an I-129F arrive at the NVC ahead of the I-130.

If your lawyer gave you that advice while you was already married it means he has no clue. i-129 is strictly for fiance(ee) and it is not used to speed up the i-130 in any way which is strictly for married people and can only be filed by spouse. I don't have an idea how you are going to go about this with two different contradictory petition, maybe someone who knows better can come on and give you an answer.

You are incorrect on three counts in this post:

1. First: I-129F is what is filed for fiance(e), not I-129.
   
2. Second: Your statement "the i-130 in any way which is strictly for married people and can only be filed by spouse" is inaccurate. The I-130 is the petition form filed by US Citizens OR US Lawful Permanent Residents to petition any family member (including but not limited to spouses).
   
3. Third: There is spouse visa type on the books that starts by first filing an I-130, then filing an I-129F. That visa type is the K3 visa. However, current NVC policy has rendered the K3 an obsolete visa type.
   

Edited June 8, 2012 by Ryan H

[Ivie & Eguagie 119]

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path the OP is likely to end up on.

Firstly, it would have been an I-129F that would have been filed in addition to the I-130, not an I-129. Secondly, your lawyer gave outdated advice. The two petitions were tied together when the I-129F arrived at the service center (the I-130 was pulled from its place in the queue and placed with the I-129F that arrived second). The two petitions were approved at the same time and will be sent to the NVC at the same time. The two are likely to arrive at the NVC at the same time and per NVC policy, the I-129F will be administratively closed because an approved I-130 will be on station at the NVC. Very rarely does an I-129F arrive at the NVC ahead of the I-130.

You are incorrect on three counts in this post.

1. First: I-129F is what is filed for fiance(e), not I-129.
2. Second: Your statement "the i-130 in any way which is strictly for married people and can only be filed by spouse" is inaccurate. The I-130 is the petition form filed by US Citizens OR US Lawful Permanent Residents to petition any family member (including but not limited spouses).
3. Third: There is spouse visa type on the books that starts by first filing an I-130, then filing an I-129F. That visa type is the K3 visa. However, current NVC policy has rendered the K3 an obsolete visa type.

Thank you for the enlightenment.

[livindadream 156]

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path the OP is likely to end up on. Duplicate thread removed.

Firstly, it would have been an I-129F that would have been filed in addition to the I-130, not an I-129. Secondly, your lawyer gave outdated advice. The two petitions were tied together when the I-129F arrived at the service center (the I-130 was pulled from its place in the queue and placed with the I-129F that arrived second). The two petitions were approved at the same time and will be sent to the NVC at the same time. The two are likely to arrive at the NVC at the same time and per NVC policy, the I-129F will be administratively closed because an approved I-130 will be on station at the NVC. Very rarely does an I-129F arrive at the NVC ahead of the I-130.

You are incorrect on three counts in this post:

1. First: I-129F is what is filed for fiance(e), not I-129.
   
2. Second: Your statement "the i-130 in any way which is strictly for married people and can only be filed by spouse" is inaccurate. The I-130 is the petition form filed by US Citizens OR US Lawful Permanent Residents to petition any family member (including but not limited to spouses).
   
3. Third: There is spouse visa type on the books that starts by first filing an I-130, then filing an I-129F. That visa type is the K3 visa. However, current NVC policy has rendered the K3 an obsolete visa type.
   

Are you saying that a person can no longer apply for a K-3 VISA for their spouse? Im confused. I thought there were two options, K-3 and CR-1.....I was under the impression you could choose to file either one. Is this no longer true?

[Ryan H 3,812]

Are you saying that a person can no longer apply for a K-3 VISA for their spouse? Im confused. I thought there were two options, K-3 and CR-1.....I was under the impression you could choose to file either one. Is this no longer true?

A US Citizen does not apply for K3 visa for their spouse, they file a petition. The foreign spouse applies for the visa.

To answer your question, the K3 visa is still officially on the books and if a US Citizen petitioner wanted to take the necessary steps to start that process, they can so so. What I am saying is by doing so, the following sequence of events is what occurs 95-99% of the time:

• USC first files I-130 and receives NOA1
  
• USC files I-129F to start K3 process
  
• USCIS receives I-129F; to tie the two petitions together, USCIS will pull the I-130 from its current place in the queue and place it with the I-129F that was just submitted.
  
• The two petitions are adjudicated and a decision is made on them at the same time
  
• If approved, the two petitions are sent to the NVC; the two will usually be sent to the NVC at the same time
  
• The two petitions usually arrive and are received by the NVC at the same time. Sometimes, the I-130 will arrive at the NVC first.
  
• Per current NVC policy, if the two petitions arrive at the same time or if the I-130 arrives first, the I-129F is administratively closed. An approved I-130 on station at the NVC negates the purpose of the K3.
  

There is that rare circumstance where an I-129F will arrive at the NVC ahead of the I-130. In that scenario, the I-129F will be processed and the K3 process goes forward. The couple will also have a choice of which path they wish to pursue; if they want the K3, they would respond to all correspondence from the Embassy/Consulate and follow all instructions given. If they if they want the CR-1, they would ignore all correspondence related to the K3 and follow all NVC processing steps.

The K3 visa was created at a time when it was taking years for an I-130 to be approved. Improved processing times of I-130 petitions as well as policy changes by USCIS* and the NVC** since the time the K3 was created have rendered it obsolete and virtually unobtainable.

*In 2006, USCIS began tying the I-130 and I-129F petitions together.

**In February 2010, the NVC began administrative closure of I-129F petitions that were filed to begin the K3 process when they already have an approved I-130 on station.

Edited June 8, 2012 by Ryan H

[livindadream 156]

A US Citizen does not apply for K3 visa for their spouse, they file a petition. The foreign spouse applies for the visa.

To answer your question, the K3 visa is still officially on the books and if a US Citizen petitioner wanted to take the necessary steps to start that process, they can so so. What I am saying is by doing so, the following sequence of events is what occurs 95-99% of the time:

• USC first files I-130 and receives NOA1
  
• USC files I-129F to start K3 process
  
• USCIS receives I-129F; to tie the two petitions together, USCIS will pull the I-130 from its current place in the queue and place it with the I-129F that was just submitted.
  
• The two petitions are adjudicated and a decision is made on them at the same time
  
• If approved, the two petitions are sent to the NVC; the two will usually be sent to the NVC at the same time
  
• The two petitions usually arrive and are received by the NVC at the same time. Sometimes, the I-130 will arrive at the NVC first.
  
• Per current NVC policy, if the two petitions arrive at the same time or if the I-130 arrives first, the I-129F is administratively closed. An approved I-130 on station at the NVC negates the purpose of the K3.
  

There is that rare circumstance where an I-129F will arrive at the NVC ahead of the I-130. In that scenario, the I-129F will be processed and the K3 process goes forward. The couple will also have a choice of which path they wish to pursue; if they want the K3, they would respond to all correspondence from the Embassy/Consulate and follow all instructions given. If they if they want the CR-1, they would ignore all correspondence related to the K3 and follow all NVC processing steps.

The K3 visa was created at a time when it was taking years for an I-130 to be approved. Improved processing times of I-130 petitions as well as policy changes by USCIS* and the NVC** since the time the K3 was created have rendered it obsolete and virtually unobtainable.

*In 2006, USCIS began tying the I-130 and I-129F petitions together.

**In February 2010, the NVC began administrative closure of I-129F petitions that were filed to begin the K3 process when they already have an approved I-130 on station.

Great information...thank you very much !!

[IMANCO 13]

Thanks guys for this great information. The lawyer says that if i go on with the i-130, it will take me longer to be with my spouse and he promised that the i129f will be a lot faster. Dont know what to do now, is there any sense in what the lawyer is saying. Technically, can i join my wife faster with the i129. Your inputs are welcome guys......

[IMANCO 13]

I just need advice on what to tell the lawyer. I currently live abroad and wish to complete my visa journey abroad and not in my home country. My visa is due to expire soon, so i am in a hurry to get the process going that is why i think the i129f is a good way to go. Any one out there with the same experience?

[reginakrys 33]

Thanks guys for this great information. The lawyer says that if i go on with the i-130, it will take me longer to be with my spouse and he promised that the i129f will be a lot faster. Dont know what to do now, is there any sense in what the lawyer is saying. Technically, can i join my wife faster with the i129. Your inputs are welcome guys......

Well, you will have to wait for what happens at NVC. If they receive your I-130 first and close your I-129F, you will have no choice but to continue on the CR-1/IR-1 route.

[Adriene H 89]

I'd print out this thread with the answers and let your lawyer read them and see what his reply is

[Darnell 8,478]

imanco, nothing is 'settled' till the fat lady sings, at NVC.

So, listen her for voice, on both petitions, then let us know what is available to you, when she stops singing, aye?

[IMANCO 13]

I have been calling the NVC to ask if my case has gotten to their desk. I call every other day. Initially, i was calling to enquire about both the i130 and i129f, but in the last 3 days, i have been calling to enquire about only the i129f. I really pray this is approved first, so my process can move on faster. Its been 18 business days and 24 days since my NOA2 on my i129f and i130 and nothing yet from the NVC. VERY WORRIED!