what is the best reason to expedite I-129F ?

[Deagle 511]

http://www.uscis.gov/i-129f

They filed a petition for a K-3 for their spouse. They did not, and will not, file for a K-1.

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

right we filed i-130 and i-129f (k3) and will not file K-1

@

pushbrk

i told the lawyer what you said about K-3 and CR1-IR1 and they said that CR1 does not apply on our case

[pushbrk 13,683]

CR1 is issued to people married less than two years. It definitely applies if you've been married less than two years. You can see this for yourself. If you've been married longer, then the exact same process results in an IR1 visa. How long have you been married? I would get them to state in writing that neither the IR1 or CR1 applies to you, then ask for your money back. If you don't get a refund, report them to the State Bar Association for malpractice.

[Deagle 511]

CR1 is issued to people married less than two years. It definitely applies if you've been married less than two years. You can see this for yourself. If you've been married longer, then the exact same process results in an IR1 visa. How long have you been married? I would get them to state in writing that neither the IR1 or CR1 applies to you, then ask for your money back. If you don't get a refund, report them to the State Bar Association for malpractice.

I know thats what i told the paralegal, i sent email with what you said the other time and yesterday drive all the distance to boston to the law firm and told them what i said and they insisted that no need for CR1 and its something different, our law firm is being runned by retired immigration judge and it was the best in MA year 2013, how could they do such mistake ? they said we just go by I-130 and I-129F as we are doing now !!

[pushbrk 13,683]

Already told you how they made this mistake. They are at least 3.5 years behind on their knowledge of spouse immigration procedures. Get it in writing that CR1 and IR1 don't apply to you, then when you have a CR1 visa in the foreign spouse's passport, ask for a refund.

[Deagle 511]

Already told you how they made this mistake. They are at least 3.5 years behind on their knowledge of spouse immigration procedures. Get it in writing that CR1 and IR1 don't apply to you, then when you have a CR1 visa in the foreign spouse's passport, ask for a refund.

i am the foreign spouse, my wife is American, and the lawyer told us the we submitted both I-130 and I-129F and got the NOA1 for both now waiting NOA2 and the ones which comes before will close the other

[pushbrk 13,683]

Both will be approved together, resulting in the I-129F being administratively closed. This leaves the I-130 active to pursue a CR1 or IR1 visa. Which is it? How long have you been married? I just want to stop typing both visa categories.

[Deagle 511]

i am married since january 2014, and we were planning to get the K3 to wait there till i get the green card, and there is only about 15 days between i-130 and i-129F noa1

[NikLR 13,234]

It doesn't work that way.

There are two paths to a spousal green card. One is the most common - I'd say 99% of the cases (even if they try for a K3) will get the CR1/IR1

Flowchart here: https://docs.google.com/file/d/0B9bvTEwLyHz1aW0yTWRqa3lqYzA/edit

The other is the K3. Because the I-130 and I-129F are adjudicated TOGETHER due to USCIS policy, if the NVC happens to get the I-129F first they may send it off first. So then you would come to the USA and adjust your status, there is no "waiting for green card." You can't work for at least 3 months and you must adjust your status ($1070) and maybe have another interview, all in all, takes about 6 months to a year. So takes almost twice as long, costs twice as much.

In the end it's not even your choice. The NVC makes the choice for you.

[Deagle 511]

ok i dont want to lose time waiting to be with my wife, am I doing anything wrong now like am I losing time and doing something which will make me wait for nothing ? if yes what shall I do NOW since both NOA2 for i-130 and i-129F not here yet

[dwheels76 5,486]

i am married since january 2014, and we were planning to get the K3 to wait there till i get the green card, and there is only about 15 days between i-130 and i-129F noa1

If for some reason your I-129F got to embassy and you got a K3 I guarantee you it will save you maybe a month. No more months and months or years. That is a moot point now.

Tel you what why not just roll the dice and wait and report back when you get NOA2 and tell us what path you are going. We'll be here waiting okay.

This back and forth argument is futile. There's no waiting for I-130 approval while you are here. And from your country you are also looking at AP possible also. K3 can't erase that.

I would be more concerned at AP for your embassy and wait times to get a Visa.

Edited May 28, 2014 by dwheels76

[Deagle 511]

ok great when i get my NOA2 i will be back here, but what is AP and APP ?

[dwheels76 5,486]

ok great when i get my NOA2 i will be back here, but what is AP and APP ?

Sorry. AP =Administrative Processing . Which is common for MENA country embassy especially for men. They have to do security checks, name checks, it can last weeks to months to years. Or you may get lucky and not get it at all. I would recommend you examine your countries portal read the interview reviews and see how it is.

All you can do is wait there's nothing you can do. Maybe apply for a visitor visa don;t know if that would be likely but doesn't hurt to try.

Just be patient you just file you have quite a wait maybe this time next year you will be in the US maybe by Christmas. You never know with USCIS.

[Deagle 511]

ok thank you. i was just worried if i am doing it wrong now and i will be waiting for nothing ? i guess i am doing it right as long as i am waiting the noa2

[LoveMyTico 999]

oh, our lawyer told us to apply for I-129F so we can be together waiting for the I-130, and we already received the I-129F noa1, do u think it wont happen and be together before the I-130 ?

they will process your K-3 at the service center and they will approve it but once it hits the NVC they will close it and you will be on the I-130 road to hell. Don't get your heart set on the K-3. Plan accordingly for the I-130.

There are very specific guidelines for expedites. You can ask for an expedite but you will have to provide proof for everything you claim. They are few and far between. Do a search for expedites on VJ.

[NikLR 13,234]

ok thank you. i was just worried if i am doing it wrong now and i will be waiting for nothing ? i guess i am doing it right as long as i am waiting the noa2

Yes all you can do is wait and just read up on the NVC process (there is a wiki for that) and have your spouse help you if you have trouble with it.