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Full Version: I-129f or I-130? Whats the difference and why both?
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

limah
Hey people. I may have read this somewhere before but please clarify it 4 me. I did a search and got about 5000 posts. I can hardly read thru them all.

What is the difference between the 129f and the 130? Why does one need to file both? I think i talked to someone and she told me that she waited too long to file her 129f and the 130 was approved. She could not file the 129f. I dont understand why you would file 1 form just to cancel it once another has been approved. Who has money like that? Can you proceed with them both if they are both approved? I am asking because it may be a couple of weeks before I can mail off the 129? Money problems unfortunately, I have tried to borrow but my family isn't really supportive of the choice I have made to marry this way sad.gif . I know that the 130 isn't going to be approved that quickly. I guess my point of all of this is, can I just go with the 130? Or should I apply for the 129f too?

Thanx all......
libragodess
The idea is that the I-129F/ K3 is suppose to be a faster route to bring your loved one here. It's not guaranteed to be faster. It's also more expensive and it stops your loved one from working immediately when they arrive. First they must obtain and Employment Authorization and that can take around 4 months. The CR1 is an immigrant visa that allows your spouse to worked right away. It is suppose to take much longer than the K3 but that is not always the case. You can find much more detailed information here: http://www.visajourney.com/forums/index.ph...mp;page=compare


Hope that helps in your journey,
Sincerely,
Farid and Dannelle
pja002
The I-130 an application for permanent residency in the USA with a work permit green card. Your spouse must complete this VISA application to stay in the US for ever.

The I-129F was developed so that your spouse could come into the USA to wait for the I-130 to finish processing. The I-129F is to keep families together. It is not permenant and does have an expiration date.

I hope that helps. I shall have to start putting that disclaimer that I am not a lawyer etc... yes.gif
aussiewench
The I-130 petition = Immigrant Visa (CR-1)
The I-129F petition = Non Immigrant Visa (K-3) One must also have an I-130 in process in order to follow the K-3 path.

By filing both the I-130 and the I-129F one is affectively filing to be able to apply for both visas.

If you choose the K-3 path one doesnt have to follow through with the I-130 process to obtain a CR-1 visa but one must have an approved I-130 in order to adjust status from the K-3 once in the US.

The K-3 came about to reduce the separations immediate family members of U.S. citizens may experience while waiting abroad for an immigrant visa. All the K-3 does is allow one to enter the US to await approval of the I-130 and apply for immigrant status.

Adjusting status from a K-3 can be costly and time consuming as it can take up to a couple of years depending on which Local Office you are required to go through.

A CR-1 will give one immigrant status on entry with no adjustment of status and nothing to do until 90 days before the two year anniversary of having entered and gaining immigrant status.

The CR-1 is much quicker of late then it used to be and in many cases makes the K-3 option almost useless. This is dependant on many things eg which service center, any hold ups with security clearances, if one is put into AP/AR (administrative processing/administrative review), which country your spouse is from etc etc.

By filing both petitions though, one is covering their bases as to which one will complete first.

Be aware though that there is a hefty amount of money needed to do both processes....the CR-1 at NVC and interview stage....the K-3 at interview stage and when adjusting status in the US.
Yodrak
limah,

Aussiewench has explained the difference between the I-130 and I-129f petitions.

One does not need to file both. The I-129f is optional.

Yodrak

QUOTE(limah @ Jul 4 2006, 12:13 AM) *
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What is the difference between the 129f and the 130? Why does one need to file both? ...


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