question 21 from the I-130 form

[Galindo 0]

My wife is going to file and I-130 for me and then file and the I-129f so i could enter the US with a k-3 visa. My question is

1. do we have to include in the I-130 on question 21 that we will file an I-129f

2. can we just advise the service on the cover letter of the I-130 package that we will be looking forward to file an I-129f once we recive the NOA

thank you.

[Ryan H 3,796]

Moved from Introducing Our Members to IR-1/CR-1 Process & Procedures; questions are directly related to the spousal visa process.

**Organizer hat off**

My wife is going to file and I-130 for me and then file and the I-129f so i could enter the US with a k-3 visa. My question is

Tell your wife not to bother filing the I-129F after filing the I-130, if she does, this will be the likely sequence of events:

• When USCIS receives an I-129F filed after an I-130, the two petitions are tied together, this is done by pulling the I-130 from its current place in the queue and placed with the I-129F that was just submitted.
  
• The two petitions will be adjudicated at the same time and a decision on both will be made at the same time.
  
• If approved, the two petitions are usually sent to the NVC at the same time.
  
• If the both petitions are received by the NVC at the same time or if the I-130 arrives at the NVC before the I-129F, then the I-129F that was filed to start the K3 process will be administratively closed leaving only the I-130 active.
  

Since you are likely to end up applying for a CR-1 visa anyway, the best course of action (in my opinion) is to have your wife only file the I-130. When the file arrives at the NVC, online forms will be used and documentation will be scanned and emailed after the appropriate bills have been paid.

Edited June 27, 2012 by Ryan H

[GlobeHopperMama 95]

If you're going through Mexico, absolutely do not bother filing I-129f. It is far more of a hassle and time-waster than it's worth. Mexico schedules IR1/CR1 visa interviews very quickly, and the added benefit of that visa is that once you enter the US, you're a permanent resident and can start working and establishing your life in the US almost right away.

If you get the K3 visa, you're stuck in the US with no employment authorization (EAD) and no Social Security Number (which means no ability to get a job or driver's license) until the adjustment of status packet is filed and the documents have been issued, which for some takes several months. K3 visas used to be a faster way to reunite spouses. But now, at least through Mexico, they're obsolete and unnecessary, not to mention more expensive!

Also, the process for IR1/CR1 through Mexico is mostly electronic now, and just zips along quite quickly if you have all your documents in order. However, if you do K3 and it happens to reach the consular level, you're likely to be kicked out of the electronic process and then CDJ gets really confused, they give you misleading or conflicting information, and it's just not a pleasant thing. Do I-130 and just I-130, is my suggestion.

Edited June 27, 2012 by Carlos and Amy

[Pooh Pee 1]

You cannot file I-129F if you are married. It is for a fiance visa.

[Galindo 0]

so why is it not a good Idea to file an I-129F is it because I am from Mexico (acording the USCIS website I understan that an I-129F is for a fiance visa but that it could be used as a Spouse visa also called K-3. the spouse then enters the US with a K-3 visa and waits for the I-130 to be aproved)

[Ryan H 3,796]

You cannot file I-129F if you are married.

That's not correct, there are two types of spousal visas on the books, immigrant (IR-1/CR-1) and non-immigrant (K3). To start the K3 process, a petitioner first files the I-130 and then files an I-129F.

With that being said, current USCIS and NVC procedures has made the K3 obsolete in value and virtually unobtainable. I almost always suggest to people contemplating pursuing a K3 (like the OP) to not bother.

[Ryan H 3,796]

so why is it not a good Idea to file an I-129F

Reread the likely sequence of events in my original reply and reread the reply from Carlos and Amy. A K3 visa is highly unlikely in your future, so starting down a path that is likely to lead to nowhere will not save you any time, it will cost you time.