K-3 or I-485

[brettdresseur 0]

We were trying to figure out if we should go the I-29f route or the I-485 route. The main problem is that his job keeps him away from his country for months at a time so we didn't know what would happen if he was scheduled for an interview only to have to miss it (rescheduling would be fine). He spoke with immigration in Houston and they told him to go for the K-3 and then adjust status. Would it take longer if we filed the I-29f and the I-485 or should we just go with I-130 to I-485 + work permit route? I will be with him when he returns to his country because that is when I will also file for a residency permit there.

What would you do? I-130 ---> I-29f ---> I-485/I-785 or I-130 ---> I-485/I-785?

Also, he can keep his old job after moving to the US, but I'm trying to keep unnecessary expenses, time and paperwork to a minimum.

[canadian_wife 1,791]

You need to get a new lawyer! the I-129F for the K3 visa was administratively closed in February of this year.

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

http://travel.state.gov/visa/immigrants/types/types_2993.html

If the beneficiary (which is not clear from your post) is not in the US, you only have 1 choice. You need to file the I-130 so he can apply for the Cr-1 visa.

http://www.visajourney.com/content/i130guide1

If you'd like a more detailed response, please tell us more about your case. Who is the US citizen, where is the beneficiary now? Are you married?

Good luck

[missads 59]

What would you do? I-130 ---> I-29f ---> I-485/I-785 or I-130 ---> I-485/I-785?

Skip the K-3 (I-129F). It just tacks on an extra 4-6 weeks to your processing time. Both I-130 and 129F are almost always approved on the same day by USCIS. When both are forwarded to the NVC, 129F is promptly closed.

Do yourself a favor and just file the 130. Check out the processing times for K-3 vs IR-1/CR-1 to see why

http://www.visajourney.com/timeline/monthly_filers.php?visa=2&form=2&scenter=1&option=3&sortby=2

[nab 74]

Skip the K-3 (I-129F). It just tacks on an extra 4-6 weeks to your processing time. Both I-130 and 129F are almost always approved on the same day by USCIS. When both are forwarded to the NVC, 129F is promptly closed.

Do yourself a favor and just file the 130. Check out the processing times for K-3 vs IR-1/CR-1 to see why

http://www.visajourney.com/timeline/monthly_filers.php?visa=2&form=2&scenter=1&option=3&sortby=2

where do you get that info?

[canadian_wife 1,791]

When we petitioned, those who filed an I-129F were approved 6-8 weeks AFTER those who just applied for an I130. It has been commonly known for a while that when you file an I128F your I-130 gets taken out of line

Good luck

[brettdresseur 0]

You need to get a new lawyer! the I-129F for the K3 visa was administratively closed in February of this year.

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

http://travel.state.gov/visa/immigrants/types/types_2993.html

If the beneficiary (which is not clear from your post) is not in the US, you only have 1 choice. You need to file the I-130 so he can apply for the Cr-1 visa.

http://www.visajourney.com/content/i130guide1

If you'd like a more detailed response, please tell us more about your case. Who is the US citizen, where is the beneficiary now? Are you married?

Good luck

I am the USC and the beneficiary is my husband. He "lives" abroad when he isn't working. I just popped off an email telling him that I think the best thing to do is just the I-130 (filling out now) to the I-485. Before I knew the I-29f was closed I figured out that it would add additional time to the whole process and since I would be out of the country anyway, it would make more sense to just go straight for the I-485.

[canadian_wife 1,791]

Have you already applied for the I485? Where is your husband now?

[brettdresseur 0]

Have you already applied for the I485? Where is your husband now?

Oh gosh, not even close. I'm going to file the I-130 in the beginning of September as I am currently abroad. Right now my husband is somewhere around Colombia. I'm trying to do as much research ahead of time as I can since we work on abbreviated time schedules. I'll be in the country for 2 weeks then I will be gone again for at least 2 months. He only makes it back home every 4-6 months because of his work so we have to research a LOT before we even get to that stage as the documents aren't readily available for us.

[canadian_wife 1,791]

Oh OK. You won't file the I-485 at all then. The I485 is ONLY for those who are currently in the US on a valid visa who did not intend to immigrate when entering (unless entering in on a dual intent visa). If both you and your husband are abroad, you will file the I-130 and wait.

So completly get rid of the I485, you do not need it and it does not apply to you

Good luck

[brettdresseur 0]

Oh OK. You won't file the I-485 at all then. The I485 is ONLY for those who are currently in the US on a valid visa who did not intend to immigrate when entering (unless entering in on a dual intent visa). If both you and your husband are abroad, you will file the I-130 and wait.

So completly get rid of the I485, you do not need it and it does not apply to you

Good luck

How can he legally come here after I file the I-130? I won't be abroad after November and I don't have residency in Turkey yet.

[canadian_wife 1,791]

You want him to come to the US? He'll have to apply for a tourist visa and likely show his ties to Turkey

Remember, he cannot enter the US on a tourist visa with intentions of staying and immigrating

Good luck

[brettdresseur 0]

You want him to come to the US? He'll have to apply for a tourist visa and likely show his ties to Turkey

Remember, he cannot enter the US on a tourist visa with intentions of staying and immigrating

Good luck

He has a tourist visa with 8 years left on it, but we need permanent residency and we can only get that through the I-485.

[canadian_wife 1,791]

You really need to read those guides I gave you. Filing the I-130 will allow him to apply for a Cr-1 visa when approved. When he enters on a cr-1 visa, he will be granted automatic permanent residency.

The I485 is not for you and not needed. And it is certainly no the ONLY way to get permanent residency

Perhaps if you explain what you plan on doing, you'll get more informative advice

[pushbrk 12,154]

You really need to read those guides I gave you. Filing the I-130 will allow him to apply for a Cr-1 visa when approved. When he enters on a cr-1 visa, he will be granted automatic permanent residency.

The I485 is not for you and not needed. And it is certainly no the ONLY way to get permanent residency

Perhaps if you explain what you plan on doing, you'll get more informative advice

The above is correct. CR1 visa holders are granted permanent residency upon entry. However, one must maintain permanent resident status in the USA or lose it. Only if your husband plans to actually live in the USA will any of this matter. He can already visit.

[brettdresseur 0]

THANK YOU! How come the VJ users know more than the actual USCIS employees? In the past 2 weeks, we have had immigration say, file I-130 to I-29f to I-485 and then USCIS told me that I-130 to I-485 is fine and then eventually said that I could do both. Ok just going to follow your directions. Thanks a lot again and will forward this whole post and accompanying information to him. Thank you again.