Married Using an I-129F?

[DerZinker 4]

Hi All!

This will be my first-ever post here

My story is a long one, so I'll try to keep it short.

I went in October of 2005 with my then-Mexican Fiancee to stinky Ciudad Juarez

with an approved I-129F petition (I filed in April of that year). We were approved

and she wa granted the visa, but a bunch of craziness ensued and essentially we

abandoned the visa there in Juarez and it expired 6 months later.

I went to live with her in Guadalajara, Mexico and was there for 3 years.

After several repeated calls to the Consulate in Juarez, they agreed to re-issue

me the I-129F petition so I at least wouldn't have to start from scratch. Yea!

So now as of September of 2007 I have the approved I-129F again in my possesion

and it is there for that day for when we are ready to go back to stinky Juarez.

The issue is that we married in Guadalajara in January of 2006. Thats where things

get kind of fuzzy.

Now, I just came back home and started working and she is still in Guadalajara with

our son and she has a visa that will at least allow her to enter as a visitor.

I understand that I CAN still use the I-129F to bring her in as my spouse and

as a non-immigrant. I would just go for the K3 Visa as opposed to the K1. Great.

What isn't clear to me is all the other details. So I guess I have to file for an I-130

too now and show evidence that I filed for that when she goes in to interview for

the I-129F?

Do I have to actually wait until the I-130 is approved, or can I just file for the

I-130 and go down there with evidence that I applied?

Do we have to go back to friggin Juarez AGAIN once the I-130 is approved?

I'm really not sure what to do here, and I really do not want to go all the way

down to Juarez for no reason nor file for the I-130 if I don't have to.

Please help!

[pushbrk 12,182]

Hi All!

This will be my first-ever post here

My story is a long one, so I'll try to keep it short.

I went in October of 2005 with my then-Mexican Fiancee to stinky Ciudad Juarez

with an approved I-129F petition (I filed in April of that year). We were approved

and she wa granted the visa, but a bunch of craziness ensued and essentially we

abandoned the visa there in Juarez and it expired 6 months later.

I went to live with her in Guadalajara, Mexico and was there for 3 years.

After several repeated calls to the Consulate in Juarez, they agreed to re-issue

me the I-129F petition so I at least wouldn't have to start from scratch. Yea!

So now as of September of 2007 I have the approved I-129F again in my possesion

and it is there for that day for when we are ready to go back to stinky Juarez.

The issue is that we married in Guadalajara in January of 2006. Thats where things

get kind of fuzzy.

Now, I just came back home and started working and she is still in Guadalajara with

our son and she has a visa that will at least allow her to enter as a visitor.

I understand that I CAN still use the I-129F to bring her in as my spouse and

as a non-immigrant. I would just go for the K3 Visa as opposed to the K1. Great.

What isn't clear to me is all the other details. So I guess I have to file for an I-130

too now and show evidence that I filed for that when she goes in to interview for

the I-129F?

Do I have to actually wait until the I-130 is approved, or can I just file for the

I-130 and go down there with evidence that I applied?

Do we have to go back to friggin Juarez AGAIN once the I-130 is approved?

I'm really not sure what to do here, and I really do not want to go all the way

down to Juarez for no reason nor file for the I-130 if I don't have to.

Please help!

Yes, you'll have to start over with an I-130. Your wife no longer qualifies for a fiance visa. You need to write USCIS or Juarez and ask that the I-129F be "withdrawn".

[Kathryn41 3,205]

You will want to be very careful that your wife does not try to enter the US with the fiancee visa as the border guards would consider that visa fraud and it would lead to a ban on entry to the US which would be difficult to overcome and cause the two of you a great deal of headache and heartache. Basically, the I-129f petition for a fiancee is dead in the water. Don't even think of trying for her to use it to visit or to come to the US. You will need to start the process over with the I-130 and then decide if you wish to pursue a K-3, in which case you would then refile for the I-129f, or proceed directly to an immigrant visa. Good luck.

[brnidokiegurl 0]

marriage cancels that 129F

[lucyrich 19]

It's the same form, but you've got to fill it out differently and include different evidence.

In order to use the I-129F to get a K-1 visa, you'd both have to be unmarried, all the way until she enters the US. You no longer qualify.

In order to use the I-129F to get a K-3 visa, you would have to have included your marriage license with the initial filing of the I-129F, along with evidence that you had filed an I-130 (the "evidence" might be the I-130 itself, in some cases these days).

Since you didn't include either of these items, your spouse can't use the old approved I-129F to get a K-3 visa.

You have to start from square one as a married couple. For a K-3 visa, file an I-130, and an I-129F. For a CR-1 visa, just file the I-130.

[✿Ice Rain✿ 0]

Hi,

you've gotten good advise from them.. Thats true and correct..

[DerZinker 4]

Thanks everybody for all your helpful answers!!

I was really expecting to have to file an I-130 anyway so that doesn't really come as a bummer at all. What does kind of throw me though, is why would I have to file for an I-129F all over again ? Shouldn't I just abandon the I-129F idea altogether and go with the I-130?

I've heard other people talking about having to file them both together and I don't really understand why. Please help me understand. It would really simplify my life if I could just concentrate on one if at all possible lol.

The GOOD news is that I was able to obtain for her a 'Tourist Visa' last year and that is good for 10 years. It was a REAL PAIN to get and I even had to go through congress and my senators to get it (and it was just a Tourist Visa!). They kept denying her that visa because we were married and didn't want her to come and stay on that visa like many others have in the past (backwards logic if you ask me though, because we were living in Mexico at the time).

Anyway, so at least she can go back and fourth in the meantime, even though she won't have the same privilages. At least we don't have to be apart.

[DerZinker 4]

It's the same form, but you've got to fill it out differently and include different evidence.

In order to use the I-129F to get a K-1 visa, you'd both have to be unmarried, all the way until she enters the US. You no longer qualify.

In order to use the I-129F to get a K-3 visa, you would have to have included your marriage license with the initial filing of the I-129F, along with evidence that you had filed an I-130 (the "evidence" might be the I-130 itself, in some cases these days).

Since you didn't include either of these items, your spouse can't use the old approved I-129F to get a K-3 visa.

You have to start from square one as a married couple. For a K-3 visa, file an I-130, and an I-129F. For a CR-1 visa, just file the I-130.

I Guess what I really SHOULD be asking, is: what advantages / disadvantages are there to JUST pursuing the immigrant CR-1 immigrant visa in my case (and thus only filing the I-130 and not the I-129F)?

Doesn't it make a little more sense to do that if Premanant Resident status and eventually American Citizenship is the objective?

[pushbrk 12,182]

Thanks everybody for all your helpful answers!!

I was really expecting to have to file an I-130 anyway so that doesn't really come as a bummer at all. What does kind of throw me though, is why would I have to file for an I-129F all over again ? Shouldn't I just abandon the I-129F idea altogether and go with the I-130?

I've heard other people talking about having to file them both together and I don't really understand why. Please help me understand. It would really simplify my life if I could just concentrate on one if at all possible lol.

The GOOD news is that I was able to obtain for her a 'Tourist Visa' last year and that is good for 10 years. It was a REAL PAIN to get and I even had to go through congress and my senators to get it (and it was just a Tourist Visa!). They kept denying her that visa because we were married and didn't want her to come and stay on that visa like many others have in the past (backwards logic if you ask me though, because we were living in Mexico at the time).

Anyway, so at least she can go back and fourth in the meantime, even though she won't have the same privilages. At least we don't have to be apart.

If you only file an I-130 the result would be an IR1 visa. You would additionally file a new I-129F using the "for a spouse" instructions to get her a K3 visa instead. I don't really advise that but it's the answer to your question. You really should start with the guides and I-130 instructions.

Also, a tourist visa does not gaurantee she'll be able to visit during the process. Once that I-130 is filed, you've declared her definite immigrant intent. There are lots of threads about visiting during the process. Check some out. It's possible but may not work for you.

[lucyrich 19]

I Guess what I really SHOULD be asking, is: what advantages / disadvantages are there to JUST pursuing the immigrant CR-1 immigrant visa in my case (and thus only filing the I-130 and not the I-129F)?

Doesn't it make a little more sense to do that if Premanant Resident status and eventually American Citizenship is the objective?

Either route will lead to permanent residence (Green Card), and eventual eligibility to file for citizenship.

The CR-1 is a more direct route to the green card. You get GC status on the day you enter with a CR-1 visa, while the K-3 requires adjustment of status after entry.

Timelines vary, but historically, the K-3 has often allowed faster entry to the US. Back when we started our journey, CR-1 visas were taking around five to eight years, versus seven to nine months for the K-3 visa. It was a no-brainer to file for the K-3 visa back then.

But since those days, the CR-1 visas have sped up drastically. In fact, they sped up incredibly after ours got into the pipeline, and we got ours after about a nine month wait. And the K-3's came to a virtual standstill while ours was in the pipeline.

It's always a gamble, because you never know when a given path will speed up or slow down. But the CR-1 is probably the quickest and simplest route to get the green card status. While the K-3 might (or might not) offer a shortcut to coming to the US.

[DerZinker 4]

Thanks a Lot for all your help

I have done a lot of searching on this site and have learned a lot about the two visas (CR-1 vs. K3). Of course my first step would be to file the I-130 petition and then go from there, but I'm leaning toward going for the CR-1.

Anyone have any estimates as to the response time for getting an approved CR-1 down the pipe (or an approved I-130) were I to file tomorrow?

I am from Colorado, and if I remember correctly I go through Nebraska.

On a side note, it DOES make me nervous to file for the immigrant application in regards to her tourist visa. I went through a lot just to get that one and I would be pretty livid were they to void that visa or something once I file for the I-130. But at the same time, what could they do? I doubt they will find her and take it away from her once they've received my petition.

It's kind of a tough call, because I could just bring her here on the tourist visa, then file and KEEP her here (for no more than 6 months at a time) while the I-130 is processing, but that would mean that she would have to live here for a good while without any real privilages like driving, studying or

working etc...

But at the same time, the longer I wait, the longer it will be. Maybe I should just get her here and see if Obama gets into office and gives her amnesty

(I'm kidding of course)

Edited March 20, 2008 by dhudson

[pushbrk 12,182]

Thanks a Lot for all your help

I have done a lot of searching on this site and have learned a lot about the two visas (CR-1 vs. K3). Of course my first step would be to file the I-130 petition and then go from there, but I'm leaning toward going for the CR-1.

Anyone have any estimates as to the response time for getting an approved CR-1 down the pipe (or an approved I-130) were I to file tomorrow?

I am from Colorado, and if I remember correctly I go through Nebraska.

On a side note, it DOES make me nervous to file for the immigrant application in regards to her tourist visa. I went through a lot just to get that one and I would be pretty livid were they to void that visa or something once I file for the I-130. But at the same time, what could they do? I doubt they will find her and take it away from her once they've received my petition.

It's kind of a tough call, because I could just bring her here on the tourist visa, then file and KEEP her here (for no more than 6 months at a time) while the I-130 is processing, but that would mean that she would have to live here for a good while without any real privilages like driving, studying or

working etc...

But at the same time, the longer I wait, the longer it will be. Maybe I should just get her here and see if Obama gets into office and gives her amnesty

(I'm kidding of course)

If she comes to visit before the I-130 gets in the system, she can certainly stay until her I-94 expires. After departing, she is likely to need evidence of ties to Mexico to get back in for another visit before the IR1 or K3 visa is in hand. She would not get a CR1 visa because you will have been married for two years before the visa is issued. This will result in a ten year green card.

[DerZinker 4]

If she comes to visit before the I-130 gets in the system, she can certainly stay until her I-94 expires. After departing, she is likely to need evidence of ties to Mexico to get back in for another visit before the IR1 or K3 visa is in hand. She would not get a CR1 visa because you will have been married for two years before the visa is issued. This will result in a ten year green card.

Thanks Pushbrk. As I understand it, the IR1 is actually superior to the CR-1 in a variety of ways. Is that true?

Yeah, thats the one thing thats keeping me from filing the I-130 right away. Its a long story, but in Mexico no one has the authority to legally marry you except for a judge, so they all get their 'legal' marriage and certificate and all that first, and then they do the ceremony thereafter. Of course the ceremony is what's most important to any bride, but we have only done the first part (the legal marriage), and that was back in January of '06.

So the idea was to do our big wedding in Mexico in July and then she and our son would come up to live with me at the very beginning of August. But we'd like to be able to visit back and fourth in the meantime. I'm thinking that I will wait it out and get her here using her I-94 (Which is good for 9 more years) in August and then file right after she gets here.

That visa doesn't guarantee much, but at least we'd be able to be together while the I-130 is processing (ideally)

[pushbrk 12,182]

If she comes to visit before the I-130 gets in the system, she can certainly stay until her I-94 expires. After departing, she is likely to need evidence of ties to Mexico to get back in for another visit before the IR1 or K3 visa is in hand. She would not get a CR1 visa because you will have been married for two years before the visa is issued. This will result in a ten year green card.

Thanks Pushbrk. As I understand it, the IR1 is actually superior to the CR-1 in a variety of ways. Is that true?

Yeah, thats the one thing thats keeping me from filing the I-130 right away. Its a long story, but in Mexico no one has the authority to legally marry you except for a judge, so they all get their 'legal' marriage and certificate and all that first, and then they do the ceremony thereafter. Of course the ceremony is what's most important to any bride, but we have only done the first part (the legal marriage), and that was back in January of '06.

So the idea was to do our big wedding in Mexico in July and then she and our son would come up to live with me at the very beginning of August. But we'd like to be able to visit back and fourth in the meantime. I'm thinking that I will wait it out and get her here using her I-94 (Which is good for 9 more years) in August and then file right after she gets here.

That visa doesn't guarantee much, but at least we'd be able to be together while the I-130 is processing (ideally)

The difference between CR1 and IR1 is simply that the green card will be for 10 years instead of the 2 year one that needs conditions removed.

Your plan will work but a 6 month stay won't be enough to complete the whole visa process and she may not get in a second time.

[Elbereth 0]

You lived with her in mexico for 3 years, get direct consular filling, it's WAY faster