Still confused about the spousal visa process

[Gillools 0]

This process is so complicated, conviluted, and confusing! I have done so much research and read the same information over and over again and still have a hard time understanding it. I am working with a laywer because I dont want to make any mistakes and I am still confused. I met my husband in Costa Rica while on vacation in February 2011. I went back 4 more times to see him, getting married on the 5th visit in August 2012. We just sent the I-130 petition today. My lawyer says that once we recieve NOA1 that we will file the I-129F. What is the purpose of filing both forms? Also I know that my husband will need medical exam but my lawyer said that will happen here in the US before we file for AOS, is this correct or will he need the exam in Costa Rica before he can come here? Anyone else out there filing on behalf of their spouse in costa rica?

[srey 12]

Don't file 129F its obsolete, there is no benefit anymore. I-130 is "typically" approved within 5 months.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

http://www.visajourney.com/faq/k1faq.htm

[NikLR 13,235]

Your lawyer is trying to get you to file the petitions that would lead to a K3 visa. Unfortunately they are not up to date and aren't telling you that doing it the way they want will take as long or longer and cost almost twice as much. I suggest forgetting the I-129f altogether and concentrate on making sure your husband has plenty of info to take to the consulate/embassy to prove a bona file, ongoing marriage.

He will then have a medical in his country and will not need to adjust status if you continue with only the I-130 petition. The only extra thing he will have to do is remove the conditions on his green card. (A 2 year conditional green card is given to approved couples who have been married for less than 2 years at their interview.)

There are guides and comparisons on this board that you might find very useful. Take a look through the wiki as well. I would post you some links but I'm on my phone atm . Much luck to you both.

[Gillools 0]

Your lawyer is trying to get you to file the petitions that would lead to a K3 visa. Unfortunately they are not up to date and aren't telling you that doing it the way they want will take as long or longer and cost almost twice as much. I suggest forgetting the I-129f altogether and concentrate on making sure your husband has plenty of info to take to the consulate/embassy to prove a bona file, ongoing marriage.

He will then have a medical in his country and will not need to adjust status if you continue with only the I-130 petition. The only extra thing he will have to do is remove the conditions on his green card. (A 2 year conditional green card is given to approved couples who have been married for less than 2 years at their interview.)

There are guides and comparisons on this board that you might find very useful. Take a look through the wiki as well. I would post you some links but I'm on my phone atm . Much luck to you both.

Thank you for your response! It is starting to make sense to me now. Why would my husband need proof of a bonafide ongoing marriage? Isnt that what the I-130 does??

[Penguin_ie 6,003]

The I-130 is just a form. What you want is letters, emails, phone bills showing you called eachother, photos together (especially with eachother's family) etc. You can send a little of that with the I-130, but the bulk of it will be brought to interview.

[NikLR 13,235]

here is the I-130 petition guide: http://www.visajourney.com/content/i130guide1

and also the easy spouse guide: http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Because you both live in different countries what I say applies to you, (and to me for example) but not necessarily to everyone.

Basically the I-130 is the just the first step. It's a petition you file for your spouse (beneficiary.) When/if the petition is approved it is sent to the National Visa Center. At that point you (the petitioner) proves that you can financially support the beneficiary for a certain amount of time (even if you get divorced and if they get remarried.) Your spouse (the beneficiary) applies for a visa at the same time. Both require more paperwork. If everything with both sets is okay the NVC approves it and sends it on to the consulate or embassy in your spouse's country. They schedule an interview and your spouse or you needs to schedule your spouse a medical exam. At the interview the consulate officer will interview your spouse and decide if their visa is approved or not. There my be additional processing needed as well. It's good to bring proof that your relationship is real to the interview as they are the ones that make the final decision on your spouse's visa. If you did not "front load", aka provide LOTS of evidence, with the I-130 petition, it is a good idea to "back load" or provide lots of evidence at this time, especially for countries with a higher fraud rate. You can also front and back load because you're proving at the interview that the relationship is still ongoing.

I hope that helps you some. I tried to explain it to the best of my knowledge but I may have messed up here or there. Be sure to read the guides and don't be afraid to keep on top of your lawyer. If you're paying for one, make sure you get your money's worth. Many of us on here are doing it without a lawyer but not everyone has the time, inclination or attention to detail. Some cases are more complicated than others as well.

Best of luck

[belinda63 3,055]

Fire your attorney because either he is not up-to-date on immigration procedures or he is trying to milk you for money. The k-3 has been obsolete for well over a year now and even if it wasn't your spouse would still have to have the medical exam prior to receiving a visa.

File the I-130, depending on the country and a little luck, he can have the visa in about 8 months. Please read the guides to understand the step-by-step process.

[Jason and Shifa 4]

Fire your attorney because either he is not up-to-date on immigration procedures or he is trying to milk you for money. The k-3 has been obsolete for well over a year now and even if it wasn't your spouse would still have to have the medical exam prior to receiving a visa.

File the I-130, depending on the country and a little luck, he can have the visa in about 8 months. Please read the guides to understand the step-by-step process.

Next time think twice before u decide you want to hire a lawyer. its expensive... Filing yourself can save you time and aggrivation, and as long as you follow the instructions on the forms, and give them everything they ask for, you will encounter next to zero problems..if you want to hire a lawyer, make sure that's the choice you want to make..

K3 is obsolete, just file for CR1 visa ..you made a good desicion by only sent the I 130

Good Luck

[Gillools 0]

Thanks for all the info! I trust my lawyer and do not feel like I am being bilked! There is no way I could have done any of this on my own it is all so very complicated! We definitely "front loaded" the I-130. I just want him here as quickly as possible, it doesnt matter to me, or him whether he arrives as an immigrant (IR-1/CR-1) or a non-immigrant (K-3), we just want to be together here. If the K-3 is so obsolete then why isnt it stated on the government visa websites? ISnt the K-3 designed to reduce the amount of time apart?? I did read the guides and the step-by-step processes but for someone with a college degree it is still hard to understand. Can we use the evidence for the I-130 for the interview? I am the one with all of the evidence so I will have to send it to him. I didnt really have plans to go back, hoping that he will be here sooner then later... but I am starting to rethink that. Costa Rica, if I have read correctly, allows the couple to be interviewed together so that could very well be a possibility. How quickly after the inteview is a visa granted, is it done right then and there?

[Ryan H 3,926]

If the K-3 is so obsolete then why isnt it stated on the government visa websites? ISnt the K-3 designed to reduce the amount of time apart??

The K3 remains on government website because the provision in the LIFE Act that created it remains on the books.

When the K3 was first created, the time it was taking to adjudicate I-130 petitions was years, not months. Also, the two petitions were adjudicated separately.

Over time, processing times for adjudication of I-130 petitions improved. Then procedural changes at USCIS resulted in the tying of the two petitions together (this started in 2006). The two petitions are tied together by personnel at USCIS pulling the I-130 from its current place in the queue and placing it with the I-129F that was just submitted.

Procedural changes at the NVC have now made the K3 a virtually unobtainable visa type. Started in 2010, the NVC began administrative closure of the K3 process when they have an approved I-130 on station. USCIS usually makes an adjudication decision on both the I-130 and the I-129F at the same time, if both petitions are approved, they are sent to the NVC at the same time. Most of the time, the two petitions arrive at the NVC at the same time; sometimes the I-130 will arrive at the NVC ahead of the I-129F. In either scenario, the NVC has an approved I-130 on station and thus the procedure for administrative closure of the K3 process kicks in.

There are some instances of the I-129F arriving at the NVC ahead of the I-130, in this scenario, the I-129F will be assigned a case number and sent to the appropriate Embassy or Consulate overseas. In this instance, people will have a choice of which visa they wish to pursue. Please note that instances of the I-129F arriving at the NVC ahead of the I-130 are few and far between.

[Darnell 8,480]

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/