CONFUSING SITUATIONS (I-130 & I-129F?) PLS HELP!!

[blackgh 1]

Hello everyone!

READ THIS FIRST:

Special Instructions :

• U.S. Citizens petitioning for K-3 visas for their alien spouses must include a copy of the Form I-797C, Notice of Action, showing they have filed Form I-130, Petition for Alien Relative, on behalf of their spouse listed on the form.
• In addition, they must provide a marriage certificate, evidencing the legal marriage between the U.S. citizen and the alien.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

We have had our NOA1 in April, 2013, after filling form I-130 (meaning we have Form I-797.......Notice of Action)

We are legally married in ghana in november 2011 (meaning we have we have marriage certificate evidencing the legal marriage)

Question:

Is this informaton on this page implying that we have to file form I-129F again?

Cuz the current edition of I-129F is dated 06/13/13 with the purpose:

"To petition to bring your fiancé(e) (K-1) and that person's children to the U.S. for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status"

Hello everyone!

READ THIS FIRST:

Special Instructions :

• U.S. Citizens petitioning for K-3 visas for their alien spouses must include a copy of the Form I-797C, Notice of Action, showing they have filed Form I-130, Petition for Alien Relative, on behalf of their spouse listed on the form.
• In addition, they must provide a marriage certificate, evidencing the legal marriage between the U.S. citizen and the alien.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

We have had our NOA1 in April, 2013, after filling form I-130 (meaning we have Form I-797.......Notice of Action)

We are legally married in 2011 (meaning we have we have marriage certificate evidencing the legal marriage)

Question:

Is this informaton on this page implying that we have to file form I-129F again?

Cuz the current edition of I-129F is dated 06/13/13 with the purpose:

"To petition to bring your fiancé(e) (K-1) and that person's children to the U.S. for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status"

[princeglove 4]

I-130 is when u are already married to the USC....if u are not married but just fiancess u will have to apply usung the I-129f...If u have a child less than 18,and u will be travelling with that child,u will see a porting on the I-130 (IF MARRIED) to fill for your child.OR I-129F(if not married to the USC yet)...BUt if the child is an aldult and u will be travelling with that child then u will have to fill the 1-129f SEPERATLY for the child to file a K3 visa for that child.

[evoria 19]

If I am understanding correctly you filed or are considering filing an I130 and I 129 together? We filed both Both were approved at the same time. The USCIS dropped the I130 but by doing this you have to also file and I130 for the children. The I130 does has to be done for everyone and a separate fee and documents have to be paid for all. Depending on how long you have been married the spouse and the kids will receive a two year or 10 year green card. We did the I130 for the children like 8 months later and it went relatively smoothly.

[blackgh 1]

_{ALL RIGHT EVORIA}

_{Here is the case i did not have any children or child to file for as in your case, do i still have to file 129f? We are no more fincees but Husband and wife, got married in the law court here in Ghana and attached copy our certificate to the i-130 filed. Were you given NOA1 for the two (I-130 and I-129)? school me on this pls.}

_{Thansks in advance!!}

[NikLR 13,227]

No you never have to file the I-129F, it's a choice. Filing the I-129F after the I-130 send you on the direction of a K3 visa which is obsolete and more expensive. (The expensive part is that you have to adjust status in the USA after arrival which is $1070.) The USCIS will never drop the I-129F and they still promote the K3 even though it's very rare to get it. It is the NVC who closes the I-129F when they receive the approved I-129F at the same time or after the approved I-130. You can do the K3 visa route if you want, but understand that it's rare and you're more likely to be continuing on the IR1/CR1 path once you reach the NVC stage.

You are given an NOA1 for each petition, yes. You cannot send the I-129F without the NOA1 from the I-130.

---

***Moved to K3 process and procedures from IR1/CR1 process and procedures***

[Simkaur1989 0]

Hi everyone ..I also received both the approval about 129f and I 130 on 6 January 2014..and also received a notice about ds 160 on 27 January 2014 to apply a k visa...what I have to do now????will I receive notice from nvc about I 130

[NikLR 13,227]

No you have to call the NVC. If both are approved at the same time I suggest following the Ir1/cr1 path at it is the superior visa.