I-130 vs. I-129F, finding the fastes way

[JimYan 0]

Hello All,

My wife and I are both professionals. She with her career in China and me with my career in the US. This was just fine as my work takes me to China quite frequently, until recently. My step-daughter has moved here with me, on an F-1 visa for her senior year of high school and this has prevented my travels to see my wife.

So we filed the I-130, and did not follow up with the I-129F. The reasons are that she will need to travel back and forth, just as I do, for her work and the AOS time frame in Atlanta is just a bit too slow for her to be able to manage her work from afar for so long of a time. Another interesting point is that we are currently being process at CSC and their time lines shows the I-130 and I-129F taking the same 5 month period to process. Is there additional processing after NOA2 for the I-130 that takes even longer than the I-129F?

So my question is, do I gain any significant time reductions by going ahead with the I-129F application? I am sure you all know how lonely it is without your spouse (now 5 months for me!)by your side, and my step-daughter is really missing my wife!

Please any suggestions, comments or alternative routes that could be taken???

Many Thanks!!!

Yanzi and Jim

[canadian_wife 1,823]

K-3 is dead, it is no longer a viable option so sending in the I-129F will not only slow your application down, but will yield no results for you

good luck

F-1 is a non-immigrant visa. Your step daughter has not moved to the US, she is only allowed to stay as long as she is in f-1 status

[JimYan 0]

Thanks for the prompt reply, so by filing the I-130 I am in process of getting the ????? I should not apply for the I-129F....

Any other suggestions? Also, thanks for the clarificaton of the F-1, yes she is only in the US on this temp visa...but it is nice to have her here and she is included in the I-130 filing so she will be part of the approval once it occurs....

Again, Many Thanks,

Yanzi and Jim

[canadian_wife 1,823]

The visa will be a Cr-1. Do not send the petition for the I-129F. There is no visa it will result in

[JimYan 0]

Thanks! I sincerely appreciate your help and advise.

[Deputy Purple 1,294]

Also, there is no such thing as the step-daughter being included in wife's I-130 filing. Listed as a her child sure but there is no derivative benefit for the daughter. She will need her own I-130 which can be filed concurrently with the I-485 so she can adjust in country.

[xiaozhu 4]

Also, there is no such thing as the step-daughter being included in wife's I-130 filing. Listed as a her child sure but there is no derivative benefit for the daughter. She will need her own I-130 which can be filed concurrently with the I-485 so she can adjust in country.

Bob 4 Anna is correct. File a I-130 for your wife. File another I-130 for your step-daugther and do it before her F-1 expires.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

[JimYan 0]

By applying for my wife with the I-130, am I actually filing for the IR-1/CR-1 visa? I need to read up on this as my prior assumptions are now unreliable and out-dated.

Being able to file the I-130 and I-485 concurrently fo rmy step-daughter gives her a good chance of not having to go back to Guangzhou and re-file for another F-1 prior to the fall 2011 semester. I guess I am assuming that the I-485 is processed concurrently and therefore faster than the I-130 done alone???? This seems somewhat confusing to me....do you know of any additional reading or sources for reference on this topic?

Also, I really appreciate your information!!!

I think it is best to be 100% clear prior to taking the nbext step, which needs to happen really fast!!!

Many Thanks,

Yanzi, Jim, and Mei Mei

PS: I am realdy for this process to end and our family to be back together again...I know we all share this difficult seperation timeframe...again my many humble thanks. My Best to All!

[Deputy Purple 1,294]

Yes you would be going for CR/IR-1 visa for your wife.

Your step daughter's AOS can take 6 months but once you've filed it she is allowed to stay in the US awaiting it's adjudication.

Here is the link for AOS. Just use the evidence for step-child instead of spouse.

[JimYan 0]

I cannot thank you enough, you have really saved my you know what! I was happily going along the road to nowhere....my wife is anxious from being alone in China already, had I not found out the truth, I would have been in the eternal dog house about Mei Mei. You really have saved my family untold trouble!

I wish you and yours the very best! I hope I can return the favor in the near term! Best of luck to you both!

Yanzi, Mei Mei,and Jim

[Deputy Purple 1,294]

I hope I can return the favor in the near term!

Return the favor by hanging around after you've completed your Visa Journey and giving back to those who follow. That's why I've still around, in honor of those who helped us.

[JimYan 0]

Yes Indeed!

[pushbrk 12,975]

By applying for my wife with the I-130, am I actually filing for the IR-1/CR-1 visa? I need to read up on this as my prior assumptions are now unreliable and out-dated.

Being able to file the I-130 and I-485 concurrently fo rmy step-daughter gives her a good chance of not having to go back to Guangzhou and re-file for another F-1 prior to the fall 2011 semester. I guess I am assuming that the I-485 is processed concurrently and therefore faster than the I-130 done alone???? This seems somewhat confusing to me....do you know of any additional reading or sources for reference on this topic?

Also, I really appreciate your information!!!

I think it is best to be 100% clear prior to taking the nbext step, which needs to happen really fast!!!

Many Thanks,

Yanzi, Jim, and Mei Mei

PS: I am realdy for this process to end and our family to be back together again...I know we all share this difficult seperation timeframe...again my many humble thanks. My Best to All!

WHOA folks! I would want to verify first that a step child can adjust status BEFORE the spouse has permanent resident status. I'm not at all certain this will work. Sure, after Mom is here on CR1 or IR1 visa, if she's currently here on an F1, she could adjust status, but the school is going to want a current F1 or LPR status for her to continue her schooling.

I'm thinking if he files an I-130 for his wife and then at or about the same time files the I-130 and I-485 for the daughter, the daughter's status adjustment will await a successful visa process for the Mom. While CR2 is not derivative, they don't give CR2 or IR2 status to a child before their parent achieves CR1 or IR1 status.

I think the above plan is a poor one. Better to go ahead and get the new F1. No need to go home to do that. It can be done at a US Consulate in Canada, if that's more convenient.

[pushbrk 12,975]

WHOA folks! I would want to verify first that a step child can adjust status BEFORE the spouse has permanent resident status. I'm not at all certain this will work. Sure, after Mom is here on CR1 or IR1 visa, if she's currently here on an F1, she could adjust status, but the school is going to want a current F1 or LPR status for her to continue her schooling.

I'm thinking if he files an I-130 for his wife and then at or about the same time files the I-130 and I-485 for the daughter, the daughter's status adjustment will await a successful visa process for the Mom. While CR2 is not derivative, they don't give CR2 or IR2 status to a child before their parent achieves CR1 or IR1 status.

I think the above plan is a poor one. Better to go ahead and get the new F1. No need to go home to do that. It can be done at a US Consulate in Canada, if that's more convenient.

PS: With her US F1 status, she can obtain a Canada visitor visa from the Canadian Consulate in Atlanta. Have a Chinese niece living with us who will do just that only through Seattle and Vancouver. All the Chinese students in our area do this unless they actually want to go home.

[JimYan 0]

PS: With her US F1 status, she can obtain a Canada visitor visa from the Canadian Consulate in Atlanta. Have a Chinese niece living with us who will do just that only through Seattle and Vancouver. All the Chinese students in our area do this unless they actually want to go home.

OK, this is sounding confusing....is there a way to find the definative answer?

I submitted the I-130 for my wife, thinking there was derivative privileges for my step-daughter, on January 21,2011. Now I find out I have to file another I-130 for my step-daughter...should I go ahead and file the I-485 with the I-130 for my step-daughter? The F-1 in Canada is an option also, but if she has the option to go home she may choose to go home, as she has been home sick lately...my wife is really missing her baby!

This seems like a complicated question/answer. I use this board as a way to avoid the additional attorney charges...but this may be folly in this instance....your opinions are always valued and appreciated.

Yanzi, Mei Mei, and Jim