I wonder...
My I-130 was filed almost 3 months ago (still no NOA2 damn it!), hence it was $190.
Starting July, I129F is free, but I130 becomes far more expensive.
So the question is: does it mean I can wait until July and then have I129F filed for FREE?
(That is if NOA2 for I130 does not arrive yet, of course).

What is your opinion? Is it a loophole or what?

Rika

Yes you can.

You can?? I would think you would have to pay the same fees as the K1s pay for filing the I129F if you filed your I130 prior to the fee increases.

Can anyone confirm this?

Thanks YuAndDan!

I suspected so, but rarely one finds a working loophole when it comes to immigration fees...
Who would be the right "official" entity to call and confirm though? Service Center In Chicago I presume? May be USCIS?

I wonder if we see people switching from IR1/CR1 to K3 route in July... I know I might.
They did not touch our case once since it was received by CSC.
Rika

SEE: http://www.uscis.gov/files/nativedocuments...edule052907.pdf

Awesome INFO!
Thank you!!!


Rika

Hey now this topic is starting to intestest me because I see now that it says its FREE in filing by the USC, well Dats me. I just might have to change my status then. Thanks Guys!!

Hey djturbo,
it still would be more expensive to do K3 and then adjustment of status, than it would be to do CR1 and then removal of conditions ($1010 vs $545). So the "Free" filing of I129F is not going to save anyone money in the end. But, if my I130 ends up hanging at CSC forever, I just may have to go for a more expensive K3 track. At which point free filing of I129F is NICE...

Rika

It may be "free" after July but in reality they get you when you file for AOS since that fee went up as well... so it's not free at all.

I-129F maybe free but if you follow that route, your AOS fee will be $1010.00 (too way expensive) plus EAD that is $340.00...

What appears to be a loophole could well be wishful interpretation. You could try it but there's really not much point filing an I-129F for K3 several months after your I-130. It's early June now. Waiting nearly two months wipes out a lot of the K3 time advantage.

I'd like to see USCIS clarify whether the I-130 filing referred to must also be after July 29, 2007. I'm not willing to presume their non-addressing of the issue as definitive.

pushbrk,

My thoughts on the subject are the same as yours. I will be very surprised if an I-129f submitted on or after July 30 will be no fee if the I-130 on which it is dependent was at the pre-July 30 fee.

One never knows what may happen during the initial confusion, however. For a while we may see some I-129fs that should be free being returned for non-payment and we may see some I-129fs that should have a fee being accepted without one.

Remember when the USCIS began charging a fee for biometrics for I-751? For a few weeks people who paid the new fee were having their petitions returned for over-payment.

Yodrak

This whole process seriously confuses me. I am currently engaged to a USC and we are planning to file soon for the K1 visa...which thanks to this thread I've noticed will go up from $170 to $455 on July 30th.

What I'm not understanding is the relative benefits of applying as a spouse or a fiancee. I realise this question trips across two possible threads but it would be helpful to have advice from those who have experience of the process. The sheer volume of information can be utterly overbearing at times.

slothy,

Takd advantage of the VJ Guides. Big red letters say "BEGIN HERE".

Yodrak

My apologies, I had read the individual guides and searched the forums for answers for weeks now and not even seen the 'Begin here' section.

Hi Mononoke,
I am hoping for the best and preparing for the worst. If we don't have I-130 approved by the end of July, we will submit I-129f (hopefully for free), and still hope that I-130 comes through before I-129F. I-129F is only a backup. If it comes to using a backup, yeah, they get me for AOS fees... but better that then never be able to move in with my SO

Rika



Hmmm.... I thought EAD was included with the new AOS?!

Rika

But if you come here with K3 visa, you have to pay more than $1,000 for AOS.