I have been still struggling through my initial research and from what I can gather, the I-129F is for the non US spouse to get into the U.S.? My husband already has a valid B1/B2 visa until 2010, can we skip this step?

The I-129F is for a US citizen to petition for a K-1 visa for a foreign Fiancee to enter the USA and marry the petitioner within 90 days, or is used to modify a spousal (CR-1/IR-1) visa in to a K-3 visa to allow a spouse to enter the USA and either wait out the CR-1/IR-1 visa or adjust status.

Using a non immigrant B-Visa to immigrate and adjust status is considered to be visa fraud.

You need to file I-130 for a spousal visa, and perhaps file the I-129F for K-3 visa.

I would recommend just filing the I-130 and skip the I-129F, and just go for the CR-1 visa. The CR-1 is an immigrant visa that generates a Green-Card allowing work shortly after entering the country, the K-3 requires filing for EAD to be able to work, this can take up to 90 days to get, the K-3 can be much more expensive if adjusting status in the states, ($1010) This is also the case with adjusting from a B-Visa.

Lately the CR-1 is taking the same length of time to process as the K-3.

http://www.visajourney.com/forums/index.ph...page=i130guide1

I was reading the guide on the main page and it said file the I-130 then after you get the NOA, file the I-129F and I was confused why you would need both. Anyway, that clears things up. Thanks.

So your husband has a B1/B2 visa, which is the business visitor visa...and it's valid until 2010? Wow. Cool.

Anyhoo. Since the B1 is a non-immigrant visa, I don't know if you can apply for adjustment of status from your B1/B2.

You would file I-129F after getting the NOA 1 letter from I-130 to file for K-3 visa. Lately K-3s take as long as CR-1 (I-130 WITHOUT I-129F) and K-3 can be much more expensive to adjust status than to just stick to the I-130 (CR-1) visa. CR-1 visa has no status adjustment needed.

This is why I pointed out the I-130 ONLY guide.

http://www.visajourney.com/forums/index.ph...page=i130guide1

thanks so much. I was getting confused on what needed to be done and when. I am not sure how my husband got that B1/B2 visa. He is a Chilean citizen and Canadian PR (Canadian citizenship is in process). He was visiting me all the time in the U.S. before I moved to Toronto and that is what they gave him. The visa expiry date is even after his passport expiration by about 1 year and me thinks someone wasn't paying attention to something.

I had no plans to try to adjust that visa, just wanted him to be able to visit me back in the States when I get there. He can still do that, right?

Visit is OK, just need to demonstrate to the POE officer a strong reason to return to Canada after the visit, an employer letter is a good thing.

IMHO, since it seems like the K3 and CR1 routes are taking the same amount of time, then you might as well go the CR1 route because he'll have the green card in the end. And USCIS just upped the cost of adjustment of status, so it will cost less to go the CR1 route.

I doubt if your husband can stay here on a B1 visa while you are undergoing the marriage-based visa process, because it is a non-immigrant visa. You'll need to find that out.

But he can visit during the process.

Good luck and keep us updated!