I-129f vs I-130

[d2002i 0]

Hello all,

I am a recent naturalized citizen with a fiancee of 10 years whom I already applied for a I-129F last November 2012. She flies over here to the US at least once a month as a flight attendant; and our kids are with her there in her home country.

Would it be better for us to have a civil ceremony here when she's on a layover AND THEN reapply for an I-130(spouse)? Will it be faster? Will the subsequent total fees (green card, etc) be less? What visa will she be applying for at the embassy? Will her entry(visa)into the US be conditional like a fiancee visa? OR is it automatically a green card when she enters?

[Inky 1,111]

Hello all,

I am a recent naturalized citizen with a fiancee of 10 years whom I already applied for a I-129F last November 2012. She flies over here to the US at least once a month as a flight attendant; and our

How did you file in November 2012? its still only January 2012.

[d2002i 0]

How did you file in November 2012? its still only January 2012.

I meant 2011...

[iwuvcheshert 6]

http://www.visajourney.com/content/compare visa classif comparison

i hope this helps.

in summary

k1 (fiance/e) = need to marry within 90 days + Adjust status from Fiance to Conditional Residency (CR1)(granted for those married under 2 years)+ adjust from Conditional to Legal Permanent Residence two years after filing

CR1 (I-130) = married upon entry to the US +granted 2 years Conditional Residency + Adjust to LPR after 2 years of initial arrival under CR1.

we went the CR1 as it is more practical for us.

[Penguin_ie 6,005]

The K1 is faster, especially as you are already 2 months into it. It is normally more expensive, as you need to pay for AOS after entry and marriage, but as you already paid the fee to petition her, this advantage of a CR-1 spousal visa goes away.

But the spousal visa would lead to an immediate greencard upon entry, so she could work, travel etc. With the K1, she will be stuck in the USA for 3+ months and unable to work, which is a major negative. How old are the kids? That may also influence your decision.

[aaron2020 11,652]

Hello all,

I am a recent naturalized citizen with a fiancee of 10 years whom I already applied for a I-129F last November 2012. She flies over here to the US at least once a month as a flight attendant; and our kids are with her there in her home country.

Would it be better for us to have a civil ceremony here when she's on a layover AND THEN reapply for an I-130(spouse)? Will it be faster? Will the subsequent total fees (green card, etc) be less? What visa will she be applying for at the embassy? Will her entry(visa)into the US be conditional like a fiancee visa? OR is it automatically a green card when she enters?

You have two options:

K1. She gets the visa and enter the US. She marry within 90 days. She files to adjust her status (I-485 & more $). She files for Advance Parole (AP). If she leaves the US before she gets AP, she will abandon her I-485. It can take 2-3 months to get her AP. She must stay in the US to get her AP before she can fly out without abandoning her I-485. This option may not be good for her if she needs to fly outside the US to keep her job as a flight attendant.

CR-1. You get marry during a layover in the US. You file the I-130. She fly out of the US. She interview for a visa in her country. She enters the US and automatically get a green card. She can leave the US the same day because the immigration visa converts to a temporary green card when she enters the US. This is a much better option if she cannot stay in the US waiting for AP in the K-1 scenario.

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How old are your kids? You will need to petition for them too.

In the K1 option, they can get K-2 visas. You would need to pay to adjust their status when they get to the US. If they are under 18, they automatically become US citizens after you adjust their status.

In the CR-1 option, you will need to file separate I-130 for your children. When they enter the US on immigration visas, the ones under 18 automatically become US citizens.

[d2002i 0]

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How old are your kids? You will need to petition for them too.

In the K1 option, they can get K-2 visas. You would need to pay to adjust their status when they get to the US. If they are under 18, they automatically become US citizens after you adjust their status.

In the CR-1 option, you will need to file separate I-130 for your children. When they enter the US on immigration visas, the ones under 18 automatically become US citizens.

Thanks for taking the time to reply!

The kids are both under 18 and already filed I-130 petitions.

Edited January 31, 2012 by d2002i

[d2002i 0]

thank you!

So, if we get married while she's on a layover here and go through the I-130, isn't the visa given will still be a CR1 since we haven't been married more than two years? so, we have to go through the same process as a fiance visa?

[Penguin_ie 6,005]

thank you!

So, if we get married while she's on a layover here and go through the I-130, isn't the visa given will still be a CR1 since we haven't been married more than two years? so, we have to go through the same process as a fiance visa?

No, you are mixing up Adjustment of Status (AOS- done only with the K1, right after marriage) and Removal of Conditions (ROC_ done after two years of having a conditional greencard for both CR-1s and K1s)

[Hank_ 9,174]

Hello all,

I am a recent naturalized citizen with a fiancee of 10 years whom I already applied for a I-129F last November 2012. She flies over here to the US at least once a month as a flight attendant; and our kids are with her there in her home country.

Would it be better for us to have a civil ceremony here when she's on a layover AND THEN reapply for an I-130(spouse)? Will it be faster? Will the subsequent total fees (green card, etc) be less? What visa will she be applying for at the embassy? Will her entry(visa)into the US be conditional like a fiancee visa? OR is it automatically a green card when she enters?

I have to go with the I-130 approach because of her working and flying in and out of the country, unless she can quit working until issued a GC with the K-1. Money aside I think the I-130 will be better, but that is just my opinion.