I-130 for a spouse

[NoorahAllak 0]

I see online it says it takes 5 months for the I130 to process at the service center, as well as the I 129f k3 visa. Because the I-129f doesn't require additional money once you receive the notice of uscis receiving your form the I -797 I'm going to send it, I was wondering if anyone else has done this recently, and how did it go, and how long did it take to get him here, I really miss my husband.

[aleful 1,905]

hi

don't send it, the k3 process Is practically obsolete, it takes the same amount of time and then at the nvc stage, it is administratively closed to continue with the consular processing

[EM_Vandaveer 2,370]

It costs extra, too. No point in filing it.

[Adil & Jeanne 296]

you have to file CR1 spouse for husband / it turns to IR1 if married over 2 years

the entire process will take at least a year / normal time is a year

Service center may take 5 months as you said but can be longer and then the NVC stage if you get the documents to them fast takes at least 3 but they need 2 criminal reports from Morocco husband, affiavit of support, application for visa, both fees paid (before doing the affidavit and application), tax returns transcripts from IRS for last 3 years, and any other documents they are short on

after alll this is turned into NVC take (as they say) 30 to 60 days to process and then when approved, goes to embassy

interview will be scheduled by NVC when packet is sent

plan on a year at the least

prepare him well for interview making him aware of everything about your life and family

prepare him by telling him to be confident and serious in interview / no smiling as they have told people "you smile, you lie"

confidence and patience is what he needs

do not argue or fight in this time / encourage each other / try to just speak of good times, love and the future / never take your frustration with this long and heartbreaking process out on each other

incha allah

you will suceed

[NoorahAllak 0]

On Wednesday, December 21, 2016 at 9:57 PM, aleful said:

hi

don't send it, the k3 process Is practically obsolete, it takes the same amount of time and then at the nvc stage, it is administratively closed to continue with the consular processing

But if the I 130 comes back needing more information,  wouldn't the 129f bring him after the 5 months without us having to wait the full year it really takes once they go through NVC or he would still have to go through that for the I 129f. 

On Wednesday, December 21, 2016 at 10:25 PM, EM_Vandaveer said:

It costs extra, too. No point in filing it.

Does it cost extra because you have to file the I 485 to change their status If they come on the I129f

On Sunday, December 25, 2016 at 1:00 PM, Adil & Jeanne said:

you have to file CR1 spouse for husband / it turns to IR1 if married over 2 years

the entire process will take at least a year / normal time is a year

Service center may take 5 months as you said but can be longer and then the NVC stage if you get the documents to them fast takes at least 3 but they need 2 criminal reports from Morocco husband, affiavit of support, application for visa, both fees paid (before doing the affidavit and application), tax returns transcripts from IRS for last 3 years, and any other documents they are short on

after alll this is turned into NVC take (as they say) 30 to 60 days to process and then when approved, goes to embassy

interview will be scheduled by NVC when packet is sent

plan on a year at the least

prepare him well for interview making him aware of everything about your life and family

prepare him by telling him to be confident and serious in interview / no smiling as they have told people "you smile, you lie"

confidence and patience is what he needs

do not argue or fight in this time / encourage each other / try to just speak of good times, love and the future / never take your frustration with this long and heartbreaking process out on each other

incha allah

you will suceed

Inshallah thank you so much I appreciate the help!  I'm not sure what the CR 1 is I submitted the I130 packet and was going to do the I129f in case it would bring him faster is this not recommend?  

[aleful 1,905]

hi,

 

like I said before, it takes the same amount of time as the i130, and at the nvc stage, they will close it administratively, it's not worth sending it, because it won't don anything to favor the petition

 

 

[EM_Vandaveer 2,370]

It costs extra because the filing fee for the I-129f is $500+. All for nothing as it will be administratively closed once it reaches NVC.

Edited January 5, 2017 by EM_Vandaveer

[EM_Vandaveer 2,370]

Background on K-3: this visa was instituted back in the day when I-130s took several years to be approved as a means to get spouses into the US quicker. It did not give a GC on entry.
Nowadays both I-130s and I-129fs take the same amount of time to be approved, so the I-129f case gets administratively closed once it gets to NVC.
Virtually no K-3 visas are issued. In 2013, 144 K-3s were issued. Compare that to the almost 80,000 CR-1/IR-1 that were issued in the same year.

Edited January 5, 2017 by EM_Vandaveer

[Kosi Wahala 153]

16 minutes ago, EM_Vandaveer said:

It costs extra because the filing fee for the I-129f is $500+. All for nothing as it will be administratively closed once it reaches NVC.

There is no filing fee for the I-129F, when it is filed as a K3 visa. But, as was already mentioned, the K3 applications are almost always administratively closed these days. Try it if you like...Your mileage may vary. 

[Jeanne Adil 1,651]

Just saw your post to me as i lost my site when they upgraded

as a married person you apply CR1 as i said not K1 that is for unmarried

the I 130 is the CR1 application

you can not do I 129 if married

[Kosi Wahala 153]

20 minutes ago, adil-rafa said:

Just saw your post to me as i lost my site when they upgraded

as a married person you apply CR1 as i said not K1 that is for unmarried

the I 130 is the CR1 application

you can not do I 129 if married

You can use the form I-129f for either a K1 (fiancé) visa, or a K3 visa. There is a check box to note whether the application is for a fiancé or a spouse. If the form is filed as an application for a K3 visa, there is no fee due, as it is known to be done in conjunction with a CR1 application. 

[Jeanne Adil 1,651]

they are married

no K1

[Kosi Wahala 153]

1 hour ago, adil-rafa said:

they are married

no K1

Okay...I will attempt to explain this one more time. I understand that they are married, so no...they would not apply for a K1 visa. You have that part right. But, they could apply for a K3 visa - which was designed to allow a spouse to come to the US and wait out the time it takes to process a CR1 visa - back when it took even longer for CR1s to be processed. A K3 visa is applied for using the very same form I-129f, as is used to apply for a K1 visa. 

Part 2 of the Form i-129f has a block that the petitioner checks to show that the beneficiary is either a fiancé or a spouse. If the beneficiary is a spouse there is NO FEE required to file the Form I-129f.

Here's a photo of Part 2 of the form.