I-130

[Kolewenoik31 57]

I was speaking to someone that went through the I-130 process about 10 years ago. I know a lot has changed since then. I tried to explain this to the person but they insisted that I was not right, so I need to be clear at least in my mind. My fiance and I have been going back and forth with the K-1 versus I-130. So I think we pretty much understand them both. But after this person said something different from what I have ssen so far I decided to ask this question here from those that has already been through the process more reent that 10 years. Here it is:

1. The I-130 is filed in the US correct?

2. Once the I-130 petition is filed and approved the interview for my fiance will be done in his own country right?

3. In this interview because we are married now do we both have to be there for the interview or is it only the beneficiary that must be present for the interview?

4. If I must do an interview can my interview be done here in the US or will I have to go back to my fiance's country to do the interview?

Thank you

[apple21 953]

I was speaking to someone that went through the I-130 process about 10 years ago. I know a lot has changed since then. I tried to explain this to the person but they insisted that I was not right, so I need to be clear at least in my mind. My fiance and I have been going back and forth with the K-1 versus I-130. So I think we pretty much understand them both. But after this person said something different from what I have ssen so far I decided to ask this question here from those that has already been through the process more reent that 10 years. Here it is:

1. The I-130 is filed in the US correct? Yes. After marriage, petitioner files i-130 in the US.

2. Once the I-130 petition is filed and approved the interview for my fiance will be done in his own country right? Yes.

3. In this interview because we are married now do we both have to be there for the interview or is it only the beneficiary that must be present for the interview? It is not mandatory for the petitioner to be there on the interview. In some high fraud countries, it is better if the petitioner is present during the interview. You might want to read the Embassy reviews for your wife-to-be's country.

4. If I must do an interview can my interview be done here in the US or will I have to go back to my fiance's country to do the interview? If petitioner's presence is required (check the embassy reviews), you will have to be there in your fiancee's country.

Thank you

Edited May 7, 2013 by apple21

[jkedhd 5]

I was speaking to someone that went through the I-130 process about 10 years ago. I know a lot has changed since then. I tried to explain this to the person but they insisted that I was not right, so I need to be clear at least in my mind. My fiance and I have been going back and forth with the K-1 versus I-130. So I think we pretty much understand them both. But after this person said something different from what I have ssen so far I decided to ask this question here from those that has already been through the process more reent that 10 years. Here it is:

1. The I-130 is filed in the US correct? Yes unless your fiance country ave USCIS office at U.S Embassy otherwise you can send t to hicago lockbox.

2. Once the I-130 petition is filed and approved the interview for my fiance will be done in his own country right? Yes thats right

3. In this interview because we are married now do we both have to be there for the interview or is it only the beneficiary that must be present for the interview? No you ont have to be with him,

4. If I must do an interview can my interview be done here in the US or will I have to go back to my fiance's country to do the interview? No you cant. Its ony one interview so i guess ou better send enugh info and pics and joint paperwork to support your i130

Thank you

[Darnell 8,479]

I-130's are filed for married people.

I-129F is filed for fiance/e.

Packet 3 for CR/IR visa occurs at NVC.

Packet 3 for K-1 visa occurs at IV Unit at the US Embassy

Both visa types have interviews at the IV Unit at the Embassy/Consulate.

[Ryan H 3,902]

Moved from Progress Reports to Process & Procedures.

[Penguin_ie 6,000]

The others are correct. I would add that the I-130 CAN be filed from abroad if the US citizen petitioner lives abroad.

[Kolewenoik31 57]

Thank you for the clear explaination of how you answered the question. I would also like to thank you for the putting the answer next to the questions made it plain to be understood. This next comment of mine you will find funny because I did when I read your response. I am the fiancee {woman}, my fiance is the {man} hahahaha...But I know you did not know since the name says John and Tracy hahahaha had my morning laugh now off to work..!!! Thanks again

[Kolewenoik31 57]

I-130's are filed for married people.

I-129F is filed for fiance/e.

Packet 3 for CR/IR visa occurs at NVC.

Packet 3 for K-1 visa occurs at IV Unit at the US Embassy

Both visa types have interviews at the IV Unit at the Embassy/Consulate.

Thank you...I am fully aware of which petition goes where. I was wondering about the interview "location"!

[Darnell 8,479]

for both types, interview location for the beneficiary is at the IV Unit at the US Embassy/Consulate overseas.

Perhaps you are confusing 'adjustment of status' with the interview locations? AOS interviews in the USA at a USCIS office, never an Embassy (as there is no US Embassy inside the USA) .

[Kolewenoik31 57]

for both types, interview location for the beneficiary is at the IV Unit at the US Embassy/Consulate overseas.

Perhaps you are confusing 'adjustment of status' with the interview locations? AOS interviews in the USA at a USCIS office, never an Embassy (as there is no US Embassy inside the USA) .

Thank you for the clarification!! I was confusing the two

Edited May 16, 2013 by John and Tracy

[Kolewenoik31 57]

If my fiance and I decide to get married instead of a K-1 filing. Me being the USC, once it is approved, I was looking under the pre-interview forms and noticed that it said police certificate.

1. Is that for the USC or the now foreign national {intending immigrant}?

2. Or both?

[NikLR 13,234]

If my fiance and I decide to get married instead of a K-1 filing. Me being the USC, once it is approved, I was looking under the pre-interview forms and noticed that it said police certificate.

1. Is that for the USC or the now foreign national {intending immigrant}?

2. Or both?

Only the beneficiary AFTER the I-130 is approved and is sent to the NVC. It is part of the IV (Immigrant Visa) package which includes lots of original documents (as shown by the spouse wiki guides) including a police clearance certificate.

[Kolewenoik31 57]

Only the beneficiary AFTER the I-130 is approved and is sent to the NVC. It is part of the IV (Immigrant Visa) package which includes lots of original documents (as shown by the spouse wiki guides) including a police clearance certificate.

Thak you!

[NikLR 13,234]

Thak you!

Welcome