Filled for I-130 K3 do i still have to file I-129F?

[nunyab 0]

Good morning my new extended family.... I don't know if I can be more confused but I am only in the beginning of the process so there is plenty of opportunities to come I am sure.

My question is this, I filled for my Moroccan husband (still there) here in the U.S. the I-130 and G-325a on Monday ( I expressed mailed it and was recieved Tuesday) but I noticed on the K3 guides that the next step is to file for the I-129F but that is a different visa correct? and why would I need to do that and do I need to do it to get him in the U.S.??? I looked thoughout this site and couldn't find the answer to this question so I am asking all of your smart "been-there-done-that" peeps.

I appreciate all of your help ahead of time.

Rajaa

[YuAndDan 153]

I-130 by itself will result in a CR-1 IMMIGRANT Green-card visa.

To do K-3 you file I-130 first, then wait for USCIS receipt letter and then file I-129F along with copy of I-130 NOA1 letter to start K-3 visa process.

130 is for immigrant visa, 129F is for NON-Immigrant K-Visas.

Note: for most countries, the I-130 CR-1 process is not taking much longer than K-3 visa. CR-1 has the advantage of a green-card upon entry, which allows WORK, getting SSN, and even applying for a Driver's license. K-3 cannot do these things untill getting EAD or Green-card. EAD can take 90 days or more. So if the prospective immigrant wants to work, or drive, they will need to wait several months when entering on K-3, but CAN do these things imediatly when entering on CR-1.

Also K-3 has the added costs of Adjustment of Status ($1010)

Consider your options carefully before sending in the I-129F.

[nunyab 0]

Wow way more information than i even thought i needed lol. Thank you, however how do i just continue down the CR-1 and is there an advantage in timelines?

[YuAndDan 153]

Wow way more information than i even thought i needed lol. Thank you, however how do i just continue down the CR-1 and is there an advantage in timelines?

Just stick to the I-130 and not file I-129F will do CR-1.

Timelines:

http://www.visajourney.com/timeline/k1list...co&dfile=No (k-3)

http://www.visajourney.com/timeline/k1list...co&dfile=No (CR-1)

Look at the total days column.

[thirdsjen 0]

Wow way more information than i even thought i needed lol. Thank you, however how do i just continue down the CR-1 and is there an advantage in timelines?

Just stick to the I-130 and not file I-129F will do CR-1.

Timelines:

http://www.visajourney.com/timeline/k1list...co&dfile=No (k-3)

http://www.visajourney.com/timeline/k1list...co&dfile=No (CR-1)

Look at the total days column.

i'm in the same boat as Rajaa.. debating on whether to file for the K3..

[nunyab 0]

I keep looking at the time tables and historically it looks like for moroccan residents the K3 is faster getting them approved however I also noticed those approval time lines were from 2006 and most are going to the CR-1 which seems to be running an average of 9 months! Yikes...

To also give some insight I was in the consulate in Casablanca and ran into a couple that put in there app for K3 and he said she was approved for the CR-1 because they never continued the work on the 129F just was stuck somewhere??? He actually is the person who gave me this website.

I think my husband and I agreed to just do the CR-1 for a couple of reasons... being able to work and drive upon entry and cost... I read somewhere if you file a I-129f after the 130 there isn't a cost is this true???

[thirdsjen 0]

yup.. i guess since because you already filed for the I-130, the "fee" for the I-129f is waived or something like that.. so it's free to send in the I-129f..

i keep thinking of all that adjustment of status if we go the K3 route too.. but then if we just stick with the CR1, more waiting! i'm tired of waiting! i want him here now!

[nunyab 0]

yup.. i guess since because you already filed for the I-130, the "fee" for the I-129f is waived or something like that.. so it's free to send in the I-129f..

i keep thinking of all that adjustment of status if we go the K3 route too.. but then if we just stick with the CR1, more waiting! i'm tired of waiting! i want him here now!

That's my thoughts too... if the form is free and it might help speed his arrival up... or will it be a bad thing? I read somewhere that if they know you have a 1-30 and the I-129f they try to pair the two up and sometimes can slow the process... not sure how creditable that is but at this point I don't want any delays. I told him it looks like 9 months to a year and he's not happy with that but what can we do?

[thirdsjen 0]

just make him understand that visa processing in the states takes a millenium to finish. Before we even got engaged, i told my then-boyfriend that visa processing is going to take a while. Didn't try to paint a pretty picture for him or anything and he understood. Right now we are mulling over whether to ahead with CR1 instead of K3, due to more waiting with AOS when he arrives here. He said that he doesn't want to be a bum, lounging around the house when he gets here

[brnidokiegurl 0]

Stick with the cr1

[Filiricans 2]

just make him understand that visa processing in the states takes a millenium to finish. Before we even got engaged, i told my then-boyfriend that visa processing is going to take a while. Didn't try to paint a pretty picture for him or anything and he understood. Right now we are mulling over whether to ahead with CR1 instead of K3, due to more waiting with AOS when he arrives here. He said that he doesn't want to be a bum, lounging around the house when he gets here

I would say GO FOR CR1, its a better visa than K3. Originally we are a K3 filer but I-130 was approved first. Now we opted to CR1 since we have an NVC assigned case number already and just waiting for the NVC's letter re: DS-3032 & AOS Bill. Goodluck!

[nunyab 0]

thanks a bunch... My husband would so badly like to be here but alas not sit around a house by himself either. I think we'll take your advise and stick with the CR-1 thanks again.

[thirdsjen 0]

just spoke with my husband on the phone hours ago. change of mind. now he wants to file for the k3. he said he doesn't care anymore if he just sits here and wait. at least, he'll be waiting WITH me.. not AWAY from me..

he and my dad are ganging up on me.. my mom, on the other hand, advises to stick with the CR1..

i have until this tuesday to decided...

whew... such pressure! hehehe

Edited May 25, 2008 by thirdsjen

[stevemc 0]

Hi,

We filed I-130 and I-129F both approved, the difference is I-129F your spouse can enter US in a short time and continue the process of I-130 when your spouse already in the US and adjust for status and wait for the green card. If you file CR1 for I-130 petition it would take sometime because your spouse would be an immigrant already and has a green card and ready to work in US and i think less expenses.(if you can wait then better CR1). fyi

Stevemercy