Confused by USCIS FAQ for I-129F

[shellac 0]

My wife and I have already filed an I-130 and received the first NOA. Next step is to file form I-129F, correct?

I was reading the FAQ about the I-129F here http://tinyurl.com/qaeeox

Can I file the I-130/I-129F petitions for my spouse while he or she is in the United States?

Yes, you may file the required petitions with USCIS. However, your spouse is required to return to the appropriate country to apply to the U.S. Department of State for the visa.

Currently my wife is in the US on an H2B visa which expires in about five or six months. We were married in the US we live together in the US, so what does it mean by "returning to the appropriate country?" Is the "appropriate country" the country where the marriage took place? Or does she have to leave the US and go back to the country she left?

Sorry if this sounds stupid but that part of the FAQ confused me.

[YuAndDan 153]

Why are you bothering with a K-3 visa!!???

Why not just file an I-485 along with copy of I-130 NOA1 letter and ADJUST STATUS?

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

[YuAndDan 153]

Your wife is in the USA on a work visa, you should be adjusting status, not filing a petition for a K-3..

File I-485, I-765 (So she can work), perhaps an I-131 to be able to travel while the I-485 is pending.

Edited May 21, 2009 by YuAndDan

[pushbrk 12,979]

Why are you bothering with a K-3 visa!!???

Why not just file an I-485 along with copy of I-130 NOA1 letter and ADJUST STATUS?

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

Right, the OP is confused because he's reading about visas. Visas are used to enter countries. Since she's here legally already, it's a status adjustment. Look at your copy of your I-130 and see what you wrote in section 22 of the I-130.

[shellac 0]

Your wife is in the USA on a work visa, you should be adjusting status, not filing a petition for a K-3..

File I-485, I-765 (So she can work), perhaps an I-131 to be able to travel while the I-485 is pending.

I'm glad I asked. It seems like all of the info I've been coming across focuses on visas so that's where I was confused. Thanks for clearing that up.

[YuAndDan 153]

Your wife is in the USA on a work visa, you should be adjusting status, not filing a petition for a K-3..

File I-485, I-765 (So she can work), perhaps an I-131 to be able to travel while the I-485 is pending.

I'm glad I asked. It seems like all of the info I've been coming across focuses on visas so that's where I was confused. Thanks for clearing that up.

I too am glad you asked this one, saved you from a terrible mistake and waste of time and $$$.

K-3 would have had you do an interview in Romania, (Travel costs!) Get police certs, and other document, etc... Then returning to the USA and then adjusting status along with it's period of waiting for EAD and green-card.