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Full Version: UNCLEAR still. I-130 and I-129F simultaneous processing?
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

ding
She doesn't need to work here and we want the QUICKEST way to get her here. I'll pay the extra fee (ding swallows hard). biggrin.gif

1) Consular processing in Bangkok;

QUOTE
If you haven't filed yet, you clearly indicate on the I-130 that you want Consular processing of your I-130 instead of adjusting status in the US. Also put this in your cover letter. We have no history of anybody doing this successfully, (or not) so I suggest you make it as clear as possible. Maybe write "Consular Processing Please" in big red letters on every page of the actual I-130.

This is great advice from pushbrk, I'm sure, but I'm not clear on it at all. How does this work?

2) I've been advised to NOT file the I-129F. But then I read that it's quicker than the I-130 Petition for Alien Relative.

I just need some basic overview, I guess. I've studied the instructions but don't know what to do to get her here quickest. I'd like to do BOTH tracks and abandon the slowest, but how do I do that?
pushbrk
QUOTE(ding @ Jul 22 2007, 04:41 PM) *
She doesn't need to work here and we want the QUICKEST way to get her here. I'll pay the extra fee (ding swallows hard). biggrin.gif

1) Consular processing in Bangkok;

QUOTE
If you haven't filed yet, you clearly indicate on the I-130 that you want Consular processing of your I-130 instead of adjusting status in the US. Also put this in your cover letter. We have no history of anybody doing this successfully, (or not) so I suggest you make it as clear as possible. Maybe write "Consular Processing Please" in big red letters on every page of the actual I-130.

This is great advice from pushbrk, I'm sure, but I'm not clear on it at all. How does this work?

2) I've been advised to NOT file the I-129F. But then I read that it's quicker than the I-130 Petition for Alien Relative.

I just need some basic overview, I guess. I've studied the instructions but don't know what to do to get her here quickest. I'd like to do BOTH tracks and abandon the slowest, but how do I do that?


Of course there are no guarantees but the K3 should be faster. If you want the I-130 to keep running, then follow the advice I gave you. I don't understand what you're asking. Do you need help with "clearly indicate" or writing a cover letter?
ding
Thanks yet again pushbrk.

As I understand it I send I-130 to NSC who forward it to CSC. But if I ask for consular processing do they then forward it to Bangkok embassy? If so, how long does that take?

And what about the I-129F for spouse, will that continue processing as well? What is the basis for NOT filing it? <-Economizing and AOS avoidance I assume?

As an aside, I'm a little reluctant to use red ink as it directs us to use black for the forms themselves (just paranoid maybe). But should I state that on the G-325A forms as well?
pushbrk
QUOTE(ding @ Jul 22 2007, 06:07 PM) *
Thanks yet again pushbrk.

As I understand it I send I-130 to NSC who forward it to CSC. But if I ask for consular processing do they then forward it to Bangkok embassy? If so, how long does that take?

And what about the I-129F for spouse, will that continue processing as well? What is the basis for NOT filing it? <-Economizing and AOS avoidance I assume?

As an aside, I'm a little reluctant to use red ink as it directs us to use black for the forms themselves (just paranoid maybe). But should I state that on the G-325A forms as well?


You wouldn't use the red ink in any of the blanks of the forms. I'd write on the top above any blanks.

Send you petition or petitions to CSC directly in the same package. That is the current procedure. No need to send anything to an intermediate location or to wait for a receipt.
Ricker
QUOTE(ding @ Jul 23 2007, 06:41 AM) *
She doesn't need to work here and we want the QUICKEST way to get her here. I'll pay the extra fee (ding swallows hard). biggrin.gif

1) Consular processing in Bangkok;

QUOTE
If you haven't filed yet, you clearly indicate on the I-130 that you want Consular processing of your I-130 instead of adjusting status in the US. Also put this in your cover letter. We have no history of anybody doing this successfully, (or not) so I suggest you make it as clear as possible. Maybe write "Consular Processing Please" in big red letters on every page of the actual I-130.

This is great advice from pushbrk, I'm sure, but I'm not clear on it at all. How does this work?

2) I've been advised to NOT file the I-129F. But then I read that it's quicker than the I-130 Petition for Alien Relative.

I just need some basic overview, I guess. I've studied the instructions but don't know what to do to get her here quickest. I'd like to do BOTH tracks and abandon the slowest, but how do I do that?

Remember I can only tell you from my experiance.
130 gets her CR1 visa. 129 F gets K3. Difference?
CR1 is better for reasons related to green card & ease of lenght of stay which can evolve into permanet resident.
K3 is same but is usually different stay length & path the green card. Most people go for both because the K3 is quicker . Not in my case.
I must tell you that I believe pushbrk is wrong with all respect.
To file DCF , you, the petioner must reside in Thailand for about two years. Call the counsulate & ask them of have her do it. It is located directly across the street form Embassy in BKK.
Fastest way to get her here is NOT to marry in BKK. You can then ask for a tourist visa for her. But make sure you read & understand exactly what the "strongest ties " rule is. Do not mistake in your understanding of this . I tried 3 times to get one & failed 3 times. But I was married to my Thai wife & I could not prove to them enough to meet strongest ties bit.
With tourist visa you could decide to marry here but be very careful & understand that they will think you will then file adjustment of status & deniy the visa because of that. They are trained to do so.
You will find it extremely diffucult to pass interview . Do not use Thai lawyer or agency. They are huge liers. I spent 2,000 finding that out & was told off the record by Embassy officer that they would like to stop all of them from stealing money from clients.
The time lines here on V J have been very accurate . Use them & believe in them. A false sense of what you can really do & expect will lead to huge dissapointment.
I have been involved in all of this for about 8 months now. I thought I could find a way to speed it up & did not. We have to live with the system in place & you will learn why as you Journey I think.
Visa Journey provides an invaluable service in doing what they do. Best to start reading everything they have about what this takes so you can form realistic view.
Ricker
QUOTE(ding @ Jul 23 2007, 08:07 AM) *
Thanks yet again pushbrk.

As I understand it I send I-130 to NSC who forward it to CSC. But if I ask for consular processing do they then forward it to Bangkok embassy? If so, how long does that take?

And what about the I-129F for spouse, will that continue processing as well? What is the basis for NOT filing it? <-Economizing and AOS avoidance I assume?

As an aside, I'm a little reluctant to use red ink as it directs us to use black for the forms themselves (just paranoid maybe). But should I state that on the G-325A forms as well?

ding
So glad VJ hands like you are here. Is what you're saying regarding the Direct Filing address? Here's what the US CIS website says still.;

QUOTE
Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e)


Form I-129F, Petition for Alien Fiancé(e)
Effective July 30, 2007

The Service Center where the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F.




http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

And then this for regular I-129F for spouse mailing address;

QUOTE
Note on Where to File:
If you are filing for your fiance(e), file this petition at the Service Center with jurisdiction over your area of residence. See the related link "Where Do I File?" for which Service Center has jurisdiction over your area of residence.

If you are filing for your fiance(e) and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.

If you are a U.S. citizen, and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:

U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218


http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Ricker
QUOTE(Ricker @ Jul 23 2007, 09:16 AM) *
QUOTE(ding @ Jul 23 2007, 06:41 AM) *
She doesn't need to work here and we want the QUICKEST way to get her here. I'll pay the extra fee (ding swallows hard). biggrin.gif

1) Consular processing in Bangkok;

QUOTE
If you haven't filed yet, you clearly indicate on the I-130 that you want Consular processing of your I-130 instead of adjusting status in the US. Also put this in your cover letter. We have no history of anybody doing this successfully, (or not) so I suggest you make it as clear as possible. Maybe write "Consular Processing Please" in big red letters on every page of the actual I-130.

This is great advice from pushbrk, I'm sure, but I'm not clear on it at all. How does this work?

2) I've been advised to NOT file the I-129F. But then I read that it's quicker than the I-130 Petition for Alien Relative.

I just need some basic overview, I guess. I've studied the instructions but don't know what to do to get her here quickest. I'd like to do BOTH tracks and abandon the slowest, but how do I do that?

Remember I can only tell you from my experiance.
130 gets her CR1 visa. 129 F gets K3. Difference?
CR1 is better for reasons related to green card & ease of lenght of stay which can evolve into permanet resident.
K3 is same but is usually different stay length & path the green card. Most people go for both because the K3 is quicker . Not in my case.
I must tell you that I believe pushbrk is wrong with all respect.
To file DCF , you, the petioner must reside in Thailand for about two years. Call the counsulate & ask them of have her do it. It is located directly across the street form Embassy in BKK.
Fastest way to get her here is NOT to marry in BKK. You can then ask for a tourist visa for her. But make sure you read & understand exactly what the "strongest ties " rule is. Do not mistake in your understanding of this . I tried 3 times to get one & failed 3 times. But I was married to my Thai wife & I could not prove to them enough to meet strongest ties bit.
With tourist visa you could decide to marry here but be very careful & understand that they will think you will then file adjustment of status & deniy the visa because of that. They are trained to do so.
You will find it extremely diffucult to pass interview . Do not use Thai lawyer or agency. They are huge liers. I spent 2,000 finding that out & was told off the record by Embassy officer that they would like to stop all of them from stealing money from clients.
The time lines here on V J have been very accurate . Use them & believe in them. A false sense of what you can really do & expect will lead to huge dissapointment.
I have been involved in all of this for about 8 months now. I thought I could find a way to speed it up & did not. We have to live with the system in place & you will learn why as you Journey I think.
Visa Journey provides an invaluable service in doing what they do. Best to start reading everything they have about what this takes so you can form realistic view.

Side bar. You sholud be aware the fees for all filings go up 66% after July 30. 130 from $190 to $455.
Urge To Race
Rciker, The OP and pushbrk were not discussing DCF. The were taliking about Consular processing of the I130. Meaning they want USCIS to forward it to NVC and then eventually to the consulate instead of being held for AOS if the I129F is approved at or close to the same time.

The other part is the new "direct filing" instructions. No more sending petitions I130 and I129F to NSC and Chicago, etc. Send it to the CS that will adjudicate it.

OP, of course, now with filing both petitions together, we don't even know if they will just ignore those big red letters and hold it anyways as it will be easier for them to approve both at the same time.

QUOTE(Ricker @ Jul 22 2007, 09:16 PM) *
QUOTE(ding @ Jul 23 2007, 06:41 AM) *
She doesn't need to work here and we want the QUICKEST way to get her here. I'll pay the extra fee (ding swallows hard). biggrin.gif

1) Consular processing in Bangkok;

QUOTE
If you haven't filed yet, you clearly indicate on the I-130 that you want Consular processing of your I-130 instead of adjusting status in the US. Also put this in your cover letter. We have no history of anybody doing this successfully, (or not) so I suggest you make it as clear as possible. Maybe write "Consular Processing Please" in big red letters on every page of the actual I-130.

This is great advice from pushbrk, I'm sure, but I'm not clear on it at all. How does this work?

2) I've been advised to NOT file the I-129F. But then I read that it's quicker than the I-130 Petition for Alien Relative.

I just need some basic overview, I guess. I've studied the instructions but don't know what to do to get her here quickest. I'd like to do BOTH tracks and abandon the slowest, but how do I do that?

Remember I can only tell you from my experiance.
130 gets her CR1 visa. 129 F gets K3. Difference?
CR1 is better for reasons related to green card & ease of lenght of stay which can evolve into permanet resident.
K3 is same but is usually different stay length & path the green card. Most people go for both because the K3 is quicker . Not in my case.
I must tell you that I believe pushbrk is wrong with all respect.
To file DCF , you, the petioner must reside in Thailand for about two years. Call the counsulate & ask them of have her do it. It is located directly across the street form Embassy in BKK.
Fastest way to get her here is NOT to marry in BKK. You can then ask for a tourist visa for her. But make sure you read & understand exactly what the "strongest ties " rule is. Do not mistake in your understanding of this . I tried 3 times to get one & failed 3 times. But I was married to my Thai wife & I could not prove to them enough to meet strongest ties bit.
With tourist visa you could decide to marry here but be very careful & understand that they will think you will then file adjustment of status & deniy the visa because of that. They are trained to do so.
You will find it extremely diffucult to pass interview . Do not use Thai lawyer or agency. They are huge liers. I spent 2,000 finding that out & was told off the record by Embassy officer that they would like to stop all of them from stealing money from clients.
The time lines here on V J have been very accurate . Use them & believe in them. A false sense of what you can really do & expect will lead to huge dissapointment.
I have been involved in all of this for about 8 months now. I thought I could find a way to speed it up & did not. We have to live with the system in place & you will learn why as you Journey I think.
Visa Journey provides an invaluable service in doing what they do. Best to start reading everything they have about what this takes so you can form realistic view.

pushbrk
[quote name='Urge To Race' date='Jul 22 2007, 08:42 PM' post='1065322']
Rciker, The OP and pushbrk were not discussing DCF. The were taliking about Consular processing of the I130. Meaning they want USCIS to forward it to NVC and then eventually to the consulate instead of being held for AOS if the I129F is approved at or close to the same time.

The other part is the new "direct filing" instructions. No more sending petitions I130 and I129F to NSC and Chicago, etc. Send it to the CS that will adjudicate it.

OP, of course, now with filing both petitions together, we don't even know if they will just ignore those big red letters and hold it anyways as it will be easier for them to approve both at the same time.

[quote name='Ricker' post='1065132' date='Jul 22 2007, 09:16 PM']

Right, we don't know if they'll ignore it. Their policy just says something to the effect that they will hold the petition unless it is made clear that Consular processing is desired when the petition is filed. We have no reports of success, so it's a shot in the dark.

To add a second clarification, we are not talking about DCF.
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