I-130 vs I-129f confusion

[Penguin_ie 5,986]

If the K3 goes through, you can just ask them to close it.

The CR-1 is a better visa for you as you are the wage earner, as it means you can work immediately once you arrive in the USA. Once the visa is issued, you will have 6 months to use it.

[R and L 5]

I agree with Penguin_ie!

This is how it should go, in my understanding (repeating few points here just to be clear):

Basically, if you choose to send also I-129F, what happens, is that USCIS will have 2 files from you, I-130 and I-129F = possibility for 2 options K3 & CR-1 (but depending on USCIS and NVC what happens in reality)

1)If I-130 gets approved first, and above all, gets sent to NVC -> you will continue as CR-1

2)If I-129F gets approved first, and again above all, gets sent to NVC -> it's K3

3If they both get approved at the same time, and arrive at the same time to NVC -> CR-1 (there has been few exceptions in this that even though they arrive at the same time, the case might, but pretty rarely, continue as K3)

4)If they both get approved at the same time,

BUT USCIS kindly sends I-129F to NVC few days before it sends I-130 -> K3 OR you might be able to contact them and ask to rather continue as CR-1. So in this case, yes, I think you are able to choose.

So, once you get NOA2 (= your case is approved by USCIS) you just need to communicate about your request with NVC and embassy also, if K3 gets approved and you prefer by that time rather CR-1.

Do you mean - by being the earner - that you would be the sponsor on Affidavit of support form?

(This is a form you need to fill when in NVC stage on CR-1 / embassy stage with K3, hopefully not confusing you!)

My hubby and I have assets from US and outside US, and it seems the outside US is tricky, might not qualify.

If your income wouldn't qualify, best bet is to get a joint sponsor (who has domicile in US and citizen/resident of US) (this is the ####### we are facing now, unfortunately even though we thought we are covered.)

This is what it says on the I-864 (Affidavit of support) form on intending immigrant's income:

"If you included the income of the intending immigrant who is your spouse (he or she would be counted on line 21a), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children." If you qualify this requirement, double check still from the embassy that income coming outside US is accepted on your case (unless you are getting the income from US?)

My LONG reply again! Sorry

[ca1bear 7]

This thread may need to be closed and archived... thanks to modern American bureaucracy, the fees and requirements have changed substantially. Now, a Non-immigrant Spouse Visa requires BOTH and I-130 AND I-129F to be filed. In addition to this, there has been a new fee levied by USCIS which must be paid prior to entry into the United States.

From the State Department Website (http_semicolon_//travel_dot_state_dot_gov/visa/immigrants/types/types_2993_dot_html)

The First Step: Filing the Petitions

You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.

You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.

After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

As for the fees, for the I-130, it will be $420 per person (spouse and any step-children)... then the I-129F; though it says no fee for K3 Visa applicants, it also says for IMMIGRANT Visas however, the K3 is a NON-IMMIGRANT Visa. The K-Visa application fees are currently $240 per family member. And then, IF the Visa is approved, the USCIS Immigrant fee of $165 per family member. This does not include medical examination or vaccination costs which are requisite for the Visa approval, nor the costs for airfare or the adjustment of status to legal immigrant status.

So, in my case, just to get my wife and her daughter here, I am looking at paying roughly $2,000 in fees for the CONSIDERATION of letting her come to the U.S. to be with me...

And then, applying for adjustment of status is $985 for the spouse and $635 per child if applying at the same time as the parent/spouse... oh yes, not to forget the $85 biometric fee as well. =-)

[Penguin_ie 5,986]

**** closing almost 2 year old thread. PLease pay attention to the date of the OP and the last post when you reply to a topic ****